ML19249E732

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Forwards IE Info Notice 79-20,Revision 1, NRC Enforcement Policy - NRC Licensed Individuals. Notice Reissued to Correct Word Omission & Punctuation Error Which Changed Intent of Statement.Changed Statement Underlined in Text
ML19249E732
Person / Time
Site: Rancho Seco
Issue date: 09/07/1979
From: Engelken R
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION V)
To: Mattimoe J
SACRAMENTO MUNICIPAL UTILITY DISTRICT
References
NUDOCS 7910020300
Download: ML19249E732 (1)


Text

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^'(k UNITED STATES NUCLE AR REGULATORY COMMISSION y p,7-g c jc REGION V d

1990 N. CALirORrJI A HOULEVARD t

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SUIT E 202. WAlfJUT CHEEK PLAZA WALNUT CREE K. CAllFORNIA 94596 September 7, 1979 Docket lio. 50-312 Sacramento Municipal Utility District P. O. Box 15830 Sacramento, California 95813 Attention: Mr. John J. Mattimoe Assistant General Manager Gentlemen:

This Information flotice is being reissued to correct a word omission and a punctuation error that, when taken together, completely changed the intent of a statement. lhe changed statement is underlined in the test of the Information tiotice.

It is requested that the facility licensee provide copies of this In-formation flotice to all i;RC licensed individuals at the facility.

No specific response is requested at this time.

If you have questions regarding this matter, please contact the Director of the appropriate flRC Regional Office.

Sincerely, h 6 cEG~

3 R. H. Engelken Director

Enclosure:

IE Information Notice No. 79-20, Revision I cc w/ enclosure:

R. J. Rodriguez, SMUD L. G. Schwieger, SMUD rm 0/4 t uJ 300 0

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SSINS: 6870 Accession flo:

7908220108 UNITED STATES NUCLEAR REGULAT0fn C0f'!!ISSION OFFICE OF IflSPECTION AND EtlFORCEMENT WASHINGTON, D.C. 20555 September 7, 1979 IE Information f;otice No. 79-20 Rev. I flRC ENFORCEMEf1T POLICY - fiRC LICENSED INDIVIDUALS

Background:

In the past, fiRC licensed individuals have been cited by the flRC for failure to comply with the conditions of their licenses.

These items of noncompliarce can generally be characterized as serious or repeated failures to follow reactor operating procedures.

Two recent events involving the radiation overexposure of fiRC licensed individuals through their violation of utility procedures, facility Technical Specifications and the Code of Federal Regulations have raised questions about the exercise of their responsibilities.

The purpose of this Information flotice is two-fold:

(1) To remind the fiRC licensed individuals of their responsibilities, not only in the proper operation of the facility controls, but in compliance with the facility administrative procedures, and (2) To summarize the enforcement sanctions avr.ilable to the flRC for use against licensed i:.dividuals.

Description of Circumstances:

1.

Responsibilities Facility licensees are charged with the responsibility to design, construct and operate their plants in accordance with NRC requirements to assure that public health and safety are protected.

The role of flRC license 1 individuals is no less important in the overall Regulatory scheme.

The t'RC recognizes that timely actions by fiRC licensed indivi-duals are an important part of safety.

Reliance on these actions is a part of the defense-in-depth concept.

Speci r'ically, the flRC requires that:

(1) Only licensed operators are permitted to manipulate the controls that directly affect reactivity (10 CFR 50.54 (i))

(2) Licensed operators are required to be present at the controls at all times during the operation of the facility (10 CFR 50.54 (k))

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IE' Infomation Notice fio. 79-20 Rev.1 September 7, 1979 Page 2 of 3 (3) Operation of mechanisns and apparatus other than centrols which may indirectly affect the power level or reactivity of a reactor shall only be accomplished with the knowledge and consent of an operator licensed in accordance with Part 55 (10 CFR 50.54 (j))

(4) Licensed senior operators are required to be present at the facility during specified conditions, and available or on call at other times during operation (10 CFR 50.54 (m))

(5) The flRC licensed individual shall observe all applicable rules, regulations a-d crders of the Cemissien, whether or not stated in the license (10 CFR 55.31(d))

The above requires the fiRC licensed individual to comply with the requirements pertaining to the operation of the facility and manipulation of its controls and to comply with radiation safety procedures inplenenting 10 CFR 20.

flRC policy for the responsibility for safe operation of MRC licensed facilities continues to be as fo' lows:

(1) The facilicy licensee is responsible for assuring that the facility is operated within the requirements of the license, Technical Specifica-tions, rules, regulations, and Orders of the NRC and for the cctions of their employees.

(2) HRC licensed individuals are responsible for taking timely and proper actions so as not to create or cause a hazard to " safe opera-tion of the facility" (i.e. actions or activities, including failure to take action, related to the facility which ccaid have an adverse affect on the health and safety of the public, plant workers or the individuals).

2.

Enforcement Sanctions On December 31, 1974, the then AEC sent a letter to all facility licensees containing the criteria for detemining enforcenent action and the categories of noncompliance with AEC regulatory requirements.

Those criteria and categories are applicable to NRC licensed individuals as well as facility licensees.

Paragraph 55.40(b) of Title 10 of the Code of Federal Regulations prescribes that NRC issued operator licenses nay be revoked, suspended or modified for failure to observe any terms or conditions of any rule, regulation or Order of the Commission, or any conduct determined to be a hazard to safe operation of the facility.

These would generally involve serious items of noncompliance where: (1) the individuals' action clearly demonstrate inattention to duties or disregard for requirements including technical specificatons and operating procedures; (2) the NRC licensed individual fails to take a required action or takes an iiidependent actfiori Wat results in significant actual or potential safety consequences; or (3) there is repetitive noncomplianceVth regulatory requirements-1072 107

IE Information flotice No. 79-20 Rev.1 September 7, 1979 Page 3 of 3 Examples of situations which could result in violations include:

(1) floting a serious violation of proceiural requirements and not taking corrective action.

(2) Unauthorized bypassing of requireu reactor safety syr tems (3) Defeating alarms which have serious safety significance (4) Unauthorized abandoning of reactor controls (5) Knoningly taing actions tnat viciate T5 i.imiting Conditions for Operation The examples listed above involve the failure of an fiRC licensed individual to follow procedures and adhere to controls.

These are violations of NRC require-ments.

In the past the fiRC has issued i:otices of Violation, as provided for in 10 CFR 2.201, and suspended, modified or revoked the license, as provided for in 10 CFR 55.40 (b), of f!RC licensed individuals.

The issuance of civil monetary penalties, as provided for in 10 CFR 2.205 and 10 CFR 55.50, or criminal charges, as provided for in 10 CFR 55.50, have not been previously used against flRC licensed individuals but nay be used if the circunstances warrant such action.

The Connission will continue to monitor the performance of flRC licensed individuals and will continue to take the appropriate enforcenent action against f1RC licensed individuals.

No written response to this Information flotice is required.

If you have questions regarding this matter, please contact the Director of the appro-priate f;RC Regional Office.

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