ML20029D944
| ML20029D944 | |
| Person / Time | |
|---|---|
| Site: | Pilgrim |
| Issue date: | 05/05/1994 |
| From: | Martin T NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I) |
| To: | Boulette E BOSTON EDISON CO. |
| References | |
| EA-93-077, EA-93-77, NUDOCS 9405130072 | |
| Download: ML20029D944 (6) | |
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May 5, 1994 Docket No. 50-293 License No. DPR-35 EA 93-077 E. Thomas Boulette, Ph.D.
Senior Vice President - Nuclear Boston Edison Company Pilgrim Nuclear Power Station Rocky Hill Road Plymouth, Massachusetts 02360
Dear Dr. Boulette:
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SUBJECT:
NOTICE OF VIOLATION (OIInvestigation Report No. 1-91-011)
This letter refers to an investigation performed by the NRC Office of Investigations (OI) to determine if Boston Edison Company (BECo) failed to provide complete and accurate information to the NRC in its letters dated October 4,1990, and February 21,1991, and in oral statements on February 25, 1991. The information is related to the response time of the Massachusetts National Guard (MNG) to the Wellesley Reception Center (WRC) in any emergency event that required activation of that facility. A copy of the OI synopsis of the investigation is enclosed.
Based on the staff's review of the OI report, the NRC concluded that BECo failed to provide complete information to the NRC in the two referenced letters concerning the response time of the MNG to WRC. The information was not co nplete in that qualifying factors (such as weather conditions, or MNG training assignments) that could affect the response time were not included by the contract employees involved with the prepsration of the response. In addition, the information was incomplete in that it failed to advise that the MNG was not willing to commit to the stated response times in writing, These failures to provide complete and accurate information, therefore, constitute a violation of the requirements set forth in 10 CFR 50.9.
CERTIFIED MAIL RETURN RECEIPT REOUESTED OFFICIAL RECORD COPY g:93077R1.JB 0
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The impact of the violation was ameliorated by the fact that the NRC special task force had been chartered to conduct an independent evaluation of the emergency preparedness issues. This does not mitigate the seriousness of BECo's supplying NRC with incomplete information.
In determining the severity of the violation the staff did, however, take into account the fact that the investigation did not reveal that BECo management was aware of the apparently incomplete and possibly inaccurate information or condoned it. Therefore, the violation has been classified J
at Severity Level IV in accordance with the " General Statement of Policy and Procedure for Enforcement Actions" (Enforcement Policy),10 CFR Part 2, Appendix C.
Nevertheless, providing complete information to the NRC is fundamental to the regulatory process and BECo should exercise more comprehensive oversight of contract employees in the future, and in particular, those instances in which contract employees develop responses to the NRC on behalf of BECo. Any similar violation in the future may result in escalated enforcement action.
You are required to respond to this letter and should follow the instructions specified in the enclosed Notice when preparing your response. In your response, you should document the specific actions taken and any additional actions you plan to prevent recurrence. After reviewing your response to this Notice, including your proposed corrective actions and the results of future inspections, the NRC will determine whether further NRC enforcement action is necessary to ensure compliance with NRC regulatory requirements.
In accordance with 10 CFR 2.790 of the NRC's " Rules of Practice," a copy of this letter and its enclosures will be placed in the NRC Public Document Room. The responses directed by this letter and the enclosed Notice are not subject to the clearance procedures of the Office of Management and Budget as required by the Paperwork Reduction Act of 1980, Pub. L. No.96-511.
Sincerely,
- c.. Md i$
r.., ; T. in d i Thomas T. Martin Regional Administrator
Enclosures:
1.
Synopsis of OI Report OFFICIAL RECORD COPY g:93077R1.JB
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Bosto.n Edison Company 3
cc w/encls:
- E. Kraft, Vice President, Nuclear Operations and Station Director L. Schmeling, Plant Department Manager R. Fairbank, Manager, Regulatory Affairs and Emergency Planning Department D. Tarantino, Nuclear Information Manager G. Basilesco, Acting Compliance Division Manager R. Hallisey, Depanment of Public Health, Commonwealth of Massachusetts R. Adams, Department of Labor and Industries, Commonwealth of Massachusetts The Honorable Edward M. Kennedy The Honorable John F. Kerry The Honorable Edward J. Markey The Honorable Terese Murray The Honorable Peter V. Forman B. Abbanat, Department of Public Utilities Chairman, Plymouth Board of Selectmen Chairman, Duxbury Board of Selectmen Chairman, Nuclear Matters Committee Plymouth Civil Defense Director P. Gromer, Massachusetts Secretary of Energy Resources S. Woodhouse, Legislative Assistant A. Nogee, MASSPIRG Regional Administrator, FEMA Office of the Commissioner, Massachusetts Department of Environmental Quality Engineering Office of the Attorney General, Commonwealth of Massachusetts T. Rapone, Massachusetts Executive Office of Public Safety Chairman, Citizens Urging Responsible Energy Public Document Room (PDR)
Local Public Document Room (LPDR)
Nuclear Safety Information Center (NSIC) j K. Abraham, PAO-RI (2)
NRC Resident Inspector Commonwealth of Massachusetts, SLO Designee (2)
OFFICIAL RECORD COPY g:93077RI.JB
Boston Edison Company DISTRIBUTION:
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I ENCLOSURE 2 SYNOPSIS J
On October 22, 1991, the Office of Investigations (01), Field Office, Region I, U.S. Nuclear Regulatory Commission (NRC), initiated an investigation to determine if Boston Edison Company (BECo) intentionally violated NRC regulations by failing to provide complete and accurate information to the NRC in letters dated October 4,1990, and February 21, 1991, and oral statements on February 25, 1991. Specifically, the information related to the response time of the Massachusetts National Guard (MNG) to the Wellesley Reception Center (WRC) and the training and staffing of the WRC by Massachusetts i
Department of Public Works (MDPW) staff.
Based on the evidence, O! concludes that BEco failed to provide complete information to the NRC in letters dated October 4,1990, and February 21, 1991.
Specifically, BEco planners / contractors deliberately omitted qualifying
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factors that could affect the response time of the MNG to the WRC.
- However, insufficient evidence was developed to conclude that BEco management was aware of and/or condoned the omission of the qualifying factors.
Additionally, during the 01 investigation insufficient evidence was developed to conclude that BEco provided incomplete and/or inaccurate information in their letters and oral statements concerning the training and staffing of the g WRC by MDPW staff.
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Case No. 1-91-011 1
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