ML20034C809
| ML20034C809 | |
| Person / Time | |
|---|---|
| Site: | Quad Cities, 05505043  |
| Issue date: | 03/15/1990 |
| From: | Dickherber R DICKHERBER, R.L., KATZ, MCANDREWS, BALCH, LEFSTEIN & FIEWEGER (FORMERLY |
| To: | Lieberman J NRC OFFICE OF ENFORCEMENT (OE) |
| Shared Package | |
| ML20034C797 | List: |
| References | |
| EA-90-031, EA-90-032, EA-90-31, EA-90-32, OM, SC, NUDOCS 9005150078 | |
| Download: ML20034C809 (5) | |
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THE LAW FIRM OF KATz, McANDREWS..
BALCH, LEP' STEIN & FIEwtoER, P.C.
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LINDA C. FRI.CHMCVEft' R,..uR e. mo.
. JOHN A MOCKSTRA' March 15, 1990
'AL LaEEps.8 9000 1886 -
.RIAN S. NCLSON -
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NOR 2 f ' f%Q?m{ l James Lieberman, Esq.
Director, Office of Enforcement OWFN 7H4 b
'l United States Nuclear Regulatory Commission Washington, D.C.
20555 g
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Re:
In the Matter of R. L. Dickherber I
License'No. SOP-2365-8 i
Docket No. 55-5043 EA 90-031 and In the Matter of Commonwealth "dise, Company, i
Quad Cities Nuclear Power Station O
Docket Nos. 50-254 and 50-256 License Nos. DPR-29 and DPR-30 i
EA 90-032
Dear Mr. Lieberman:
=
This office represents Mr. R. L. Dickherber, the subject of the above orders issued on February 23,-1990.
On his behalf, we request an extension of time'to file an answer to the above orders until April 13, 1990.
Similarly, we request that the' time-in which to make a decision to request a hearing be extended te April If a hearing is sought, that 13, 1990.
the answer to-be filed.
request will.L set forth in The reate for an extension is that I was on vacation on February Z.
return to my office until March 9, 1990.-1990 when the-order wasi isra The matter.
involves some complexity and will require consultation with 9005150078go4M54 PDR ADOCK PDR O
/
'I I
ll 11 r s I
n KATz, McANDREWQ.
BALCH, LEFSTEIN 8: FIEwtGER, P.C..
James Lieberman, Esq.-
March 15, 1990 Page 2 the attorneys r.epresenting: Commonwealth Edison.
these circumstances, the April 13 extension date.-in ourConsidering
- judgment, is a reasonable' request.
1 Director of your office, on March:13,1990.This request was., disc
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that the're He-indicated-reasonable. quest would. be noted; and appeared - to be The request,for aniextension ap entered in both of the.above-causes. plies to the orders-The order,inithe.
Commonwealth Edison case obviously impacts.on the interests -
1 of Mr. Dickherber and-specifically provides that Mr-Dickherber is authorized' to submit"an answer; and? request ~ a hearing regarding that cause.
Thank you for your consideration of this request.
Sincerely,-
Chdr LL' Stuart R. Lefstein-SRL/eas copies by U.S. Mail to-Secretary, U.S. Nuclear Regulatory Commission Assistant General Counsel _ for. Hearings-and Enforcement
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. Regional Administrator, NRC Region III l
i i
__m 5
Fo11eral Resister / Vcl. 55. Ns. 43 / Monday..M:rch-5,1990 / Nrtices 7197 -
October 20.1989, which is available for Step D.5 requires that the control room above. it appears that on C.Jtober 17.-
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public inspection at the Commission's be informed of(my action that will -
1989. Mr. Robert L Dickherber willfully Public Document Roo:n. Gelman affect the core reactivity.Section F violated NRC requirements during Building 2129 L Street. NW.,
spretfies how QTP1103-11s to be used refueling activit!es.
%shington, DC and at the local p>1blic to implement core alterations. Step F.2 document room for Rancho Seco at the requires that steps on the Nuclear Ill
.'11rtm Luther King Regional Ubrary.
Component Transfer List (NCTL) must NRC regulations require that activities 7430 24th Street Bypass. Sacramento, be performed in the exact order listed or that can affect the reactivity of the C4ifornia 95813.
aqs,,,the steps m".ist be changed in reactor core be conducted by well.
Nted at Rockville. Maryland. thls :fith day accordance with UI'P 1103-1. In turn.
n February,1990.
QTP 1103-1. Step E.1 and Step F.6.
trained and qualified personnel under the supemston of a senior licensed For the Nuclear Reguletory Comnussion.
require that any deviation from the 11 Rood
- " 'I b' "
" 'd DI operator, ard in accordance with apprcred procedures. After a fuelload hn Oc be 17*
. tct e Director. Project Directorate V O!nsioo o/ Reactor Pro /ects-//l. IV. V' arid fueling becm/ Pro /ects. Office o/NuclearReactor activities were being conducted at Quad directed that an unauthorised fuel hotulation.
Cities Nuclear Power Station. Unit 1. by movement take place in violation of bI^
Quad Cities QFP 100-1. Mester
{FR Doc. 90-4900 Filed ON12-90: sAs aml E
"8 Hand 1 a Fore h
enior Operstor License Limited to Fuel Paparauon of Nuclear Component -
Handling issued pursuant to 10 CFR Part.Transfu UsL Both FueWandere iDocket Nos 50 254 and 50-256; Ucense 55 and two non licensed Fuel Handlers, recogmzed that Mr. Dickherber e Nos. DPR-29 and OP&30. EA 904321 An approved copy of the NCIL was (s[t svi{a bemg used at the job site and t
LW W h Commonwealth Edison Company; contmuous commumcation with the
. instructions and failed to notify the Quad Cities Nuclear Power Station:
control room was initially established.
Nuclear Engineer in the control rocm of Order Modifying License (Effective Dunng the reactor refueling, a fuel the fuel move. No emergency condition immediately)
.tssembly was erroneously placed in the or other extenuating circumstance I
wrona core location.
existed which might have warranted a Through an ongoina NRC departure from license conditions or The Commonwealth Edison Company investination (Investigation No. 3-89 Technical Specifications pursuant to 10 (Ucensee)is the holder of Operatina 015) of undocumented fuel moves that CF 50.54(x).
License Nos. DpR-29 and 30 (the occurred on October 17.1989. the NRC Mr. Dickherber's willful violation of Licenses) issued by the Nuclear has concluded that Mr. Robert L Commission requirements, including the Regulatory CommissicWlRCI Dickherber directed the two Fuel conditions of his 10 CFR part as Senior Commission) pursuant to 10 CFR part 50.
Handlers of the refueling crew to Operstor's Ucense, is unacceptable and The Licenses authorize the Licensee to perform en unauthonzed fuel
. I have issued a separate Order i
coerate the Quad Cities Nuclear Power marupulation to correct a fuelload error, suspending Mr. Dickherber's to CFR station. Units 1 and 2 (Quad Cities or This was in violation of station refueling part 55 license. Furthermore.1 lack the facility) located in Rock Island County.
procedures QFP 100-1. Steps D.5 and requisite ressonable assurance that.
"'inois. The Licenses were issued by the F 1 and QTp 1103-1. Steos E.1 and F.B.
with Mr. Dickherber involved in any
.acicar Megulatory Commtsstun on
.a tnat tne l'uri mampuiation was not -
i October 1.1971 and April 6.197?.
specified in a NCTL an approved activities ucensed under 10 CFR part 50 espectively.
deviation to the NC"I'L was not obtained the Licensee's current operations can be conducted such that the health and -
prior to fuel movement, and the control -
safety of the public, including the The NRC licenses individuals room was not informed of the action -
that affected cure reactivity.
Licensee's employees, will be protected.
pursuant to 10 CFR part 55. Operator,s The unauthorized fuel manipulation Therefore, the public health and safety
, _ucense, to direct fuel handlin8
. by Mr.Dickherbet. occurred immediately require that License Nos. DPR-29 and 30
,ctivities. The operator license re. quires after he was reminded by a Fuel be modiSed toprohibit Mr. Robert L
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tne individual to observe the operating Handler of the need to comply with the Dickherber from involvement in licensed
- rocedures and other conditions requirements of facility procedures QFp activities under these licenses.
specified in the facillt) license.
100-1 and QTP 1103-1. While the fuel Furthermore, pursuant to to CFR 2.204.1 Technical Specification e.2.A.2, a manipulation that was unauthorized by find that the public health and safety condition of the Quad Cities Nuclear station procedures took place.Mr.
require.in view f the wi ess of the Power Station Licenses, requires that Dickherber failed to assure that constant anon sat % Wmde refueling activities be accomplished in communication was maintained with the &ch hmdaWy.
accordance with approved procedures.
control room as required by QFP 100-1.
IV Facility procedurse that implement this Steps C.2 and F.3. As a result, the requirement include QFP 100.-l. Master control room personnel were not Accordingly, pursuant to sections 103.
Refuelina Procedure, and QTP 1103-1.
notified, as required. of the fuel 161b.161c.1611. and 181o.182, and 186 Preparation of Nuclear Component mampulation to assure that core of the Atomic Energy Act of1954, as Transfer List. QFP 100-1 details the monitoring required by QFP 100-1 took amended, and the Comminaian's administrative controls to be taken to place. QFD 100-1 and QTP 1103-1 are regulations in 10 CFR 2.204 and to CFR
+
assute that all core alterations will be procedures required by Technical
. part 50 it is hereby ordered. effective performed in a safe and orderly manner. Specification 6.2.A.2. They thus are NRC immediately, that:
Steps C.2 and F.3. QFP100-1 require requirements Mr. Dickherber was Ucense Nos. DpR-29 and 30 are contmuous communication between the required to adhere to by the terms of his modified by adding the following ntrol room and the refueling floor.
Senior Operator Ucense. Based on the condition:
1
i
{
t ffgg Fedesel Register / Vd. 53. No. 43 / Monday. March 8,1900 / Notices
)
Mr. Robert L Dickharber shall not I L8 cones no. 80P 90084: costiet 80s. 86-
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participate in any licensed activity 8043EA9 M )
Handling.lasoed purseast to10 CPR '
imder U:ensa Nos. DPR-29 and DPR-30 part 55, and two noo. licensed Puol without pnor wntten spproval af the Order *m~. 74 Handles. An approved copyof the
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-^_
NCTL
.s being used at the job site and
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Regional Admirustrator. Region !!L If such approvslis sought, the Licensee Order To Show Cause Why U5enee I"y i
shall provide a statement as to its basis Should Not Be Revoked Y
During the reactor refueling, a fuel fur concludmg that,in light of Mr.
I Dickherber a conduct on October 17.
assembly was erroneously placed in the 1969, he wdl properly carry out Mr. R.L Dickberber (Ucensee)is the wrong c relocadon.
uctivities.
holder of Senior Operator Ucense Through an ongomeNRC Limited to Fuel Handling No. 2365-8 investigation (Invesagetion No. 3 The Remonal Administrator, Region (Ucense)lesued by the Nuclear 015) of undar== mated fuel moves that 111. may relax or termmate this condition Regulatory Commission (NRC/
occurred on October 17,1989, the NRC for good cause shown.
Commission) on March 12.1975. He is has concluded that Mr. Robert L V
employed by the Commonwealth Edison Dickherber, directed the two Pusi Company and is authorized to Handlers of the refueling crew to The Licensee. Mr. Dickherber, or any nian n
1imi to e1 nn an " '
License Modification ordered in section
- ate,
,]p j, on to other person adversely affected by e
rrect a Imd error, eIear Po r Stati n. Units 1 and,
This was in violation of station tefueling IV above may submit an answer to this procedures QFP 100-1 Stepa D.5 and Order within 20 days of the date of this svas last renewed on March 12,1989 and :
F.2. and QTP 1103-1, Stepe E.1 and F.6.
Order. The answer may set forth the s ue to expire on March 12.1995.
in that the fuel mamputation was not matters of law on which the Licensec or 11 specified in a NCTL an approved Mr. Dickherber or any other person deviation to the NCn. was not obtained adversely atfected relies and the The NRC licenses individuals prior to fuel movement, and the control reasons as to why the Order should not pursuant to 10 CFR part 55, Operator's room was not informed of the action have beenissued. An answer nled Ucense, to direct fuel handling -
that affected core reactivity.
within 20 days of the date of this Order activities. The operator license requires The unauthonted fuel manipulation may also request a heanng. Any answer the individual to observe the operating and/or request for hearing shall be procedures and other conditions by Mr. Dickherber occurred immediately
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submitted to the Secretary. U.S. Nuclear specified in the facility license.
after he was remmded by a Fuel Regule tory Commission. Washington, Technical Specification 6.2.A.2, a Handler of the need to comply with the DC:0555. Attention Chief. Docketing condition of the Quad Cities Nuclear requirements of facility procedures QFP and Services Secnon, Copies also shall Power Station Licanses, requires that 100-1 and QTP1103-1. While the fuel manipulation that was unauthostsed by be sent to the Director. Office of refueling activities be accomplished in Enforcement. U.S. Nuclear Res;ula tory accordance with approved procedures, procedures took place, Mr. Dickherbor Facility procedures that unplement this failed to assure that constant Commission. Washington. DC :0555, the Assistant General Counsel for Heanngs requirement include QFP 100-1. Master communication was maintained with the control room as required by QFP 100-1. -
and Enforcement at the same address.
Refueling Procedure. and QTP 1103-1.
Steps C.2 and F.3. As a result, the anc to tne Remonal Admtmstrator. U.S-Preoaration of Nuclear Component control room personnel were not Nuclear Regulatory Commission. Region Transfer Ust.QFP 100-1 det' ails the notified. as required. of the fuel
!!L 799 Roosevelt Road. Glen Ellyn.
administrative controls to be taken to Clinois 00137. !f a person other than tne assure that all core alterations will be mampulstion to assure that core monitorina reouired by QFP 100-1 took 1.icensee requests a heanng, that person performed in a safe and orderly manner. place. QFD 100-1 and QTP 1103-1 are shall set fortn with particulanty the Steps C.2 and F.3 of QFP 100-1 require procedures required by Technical manner in which the person's interest is contmuous communication between the Specification 6.2.A.2. They thus are NRC l
" ^ ' adversely eMted by.the Order and control room and the refueling floor.
' requirements Mr. Dickberber was Step D.5 requires that the-control room. - required to adhere to by the terms of his
~
should address the enteria set forth in be informed of any action that will 10 CFR :.714(d). A Request for a Heanna affect the core reac'.lvity. Section F Senior Operator License. Based on the Effecuveness of this Order.lf a heanna specifies how QTP 1103-1 is to be used above,it appears that on October 17, Shall not stay the immediate is requested. the Commission will issue to implement core alterations. Step F.2 1939. Mr. Robert i Dickberber willfully violated NRC requirements during requires that steps on the Nuclear refueling activities.
an Order designatmg the time and place Component Transfer Ust (NCTL) must of any heanna if a heanng is held, the be performed in the exact order listed or gg issue to be considered at such heanng the steps must be changed in The :sponsibilities associated with a shall be whether this Ordershould be accordance with QTP1103-1. In turn, Senior Operator License Limited to Fuel sustained.
QTP 1103-1. Step E.1 and Step F.6 of Dated at Rockvsile. Maryland this 23rd day QTP 1103-1. require that any deviation Handling issued pursuant to to CFR part nf February im from or change to the NCTL must be 55 are significant with recpect to the authorized by the Nucimt Engireer on protection of the public health and For the Nuclear Reguistory Comauseu.
llush1 Thompeos.Ir.
duty.
safety. Improper movetr.ent of f%l could.
zn.
On October 17,1989. refueling have the potentbl fer an inedeertent criticality.The execution of these Deputy Erecutive Direccorfor Nuclear Marenals soferv. safeguon.'s. and Operatione activities were being conducted at Quad Support.
Cities Nuclear Power Station Unit to by respcasibilities requires persons of high Mr. Robert L Dickherber, a Fuel personal integrity, who shall observe all pR Doc. MM9 Filed o3.o2 30: 8.45 amj Handling Foreman with a Senior applicab's rules and regulations of the Operator License Limited to Fuel Commission dunng the performance of eiu.mo cces nm ow licensed activities. A Senior Licensed l Il ll.lll I
a 3='
- 1i Federal Registee / Vcl. 55. N:, 43' / Monday, March 8,1980 / Noticos
'rige' 3
Operator who willfully fails to comph hearing shall be sobautted to the,
IDonket sea,so asst with facility procedures and Technical Secretary, U.S Nuclear Regulatory Specifications dunna fuel handling Commission, Washington, DC 20555.
W W Corm et a4 Dree esse operations demoastrates a lack of Attentiom Chief, Docketing and Service talonpucteer stenen4m 1 s integnty that raises a substantial SecMon. Copies also shall be sent to the Exemption question as to whether such a licensee Director Office of Enforcement U.S.
I willin the future comply with Nuclear Regulatory Commission, Commission requirements.
Washington, DC 20555, the Assistant CPU Nuclear Corporation (CPUNI IV Ceneral Counsel for Hearings and licensee) and three co-owners hold Enforcement. Office of the General Facility Opereting Ucense No. DRP-50, 1:i this case, the Ucensee,s recognition Counsel, at the same address, and to the which authorizes operation of the nroe that an error had occurre and h Regional Administrator NRC Region 111.
Mile Island Duclear Station Uni No.1 subsequent directions t i
a re to 799 Roosevelt Road. Glen Ellyn.1111aoia (TMI-1) (the n:cility) at power levels not assure th subor instes maintained 60137. lf a person other than the in excess of 25ee megewetts therusal.
i required continuous communication, Ucensee requests a hesnns, that person Tht. license provides, among other -
with the control room reethd in snall set forth with particulanty the things, that the facility is subject to all sigmficant violations of Technical :
manner in which the person's interest is rules, regulations, and Orders of the Specifications and station safety
' adversely affected by this Order and "f',8',
t o
seion the 3
e procedures and demonstrated a should address the cnteria set forth in disregard of the important obligations of 10 CFR r 714(d). A request for heanna -
h'[3, 'g's fa' pressurized water
- I a Semor Ucensed Operator and of the shall not stay the immediate reactor located at the licensee's site in public trust in him. in addition, because effectiveness of this order.
the Ucensee declined to be interviewed, Dauphin County, Pennsylvarus, i
the NRC was depnved of the VII
//
opportumty to consider the Ucensee's On November 18,1980, the views in this matter, Based ar. the Pursuant to 10 CFR 2202(b), the overall information available, which in Licensee may show cause why his Commission published a revised section this case includes a wntten statement License should not be revoked by filing 10 CFR 50.48 and a new appendix R to -
from the Ucensee made after the event a wntten answer under oath or 10 CFR part 50 regarding fire protection acknowledging that he was put on affirmation within 20 daya of the date of features of nuclear power plants (44 FR notice of the need to obtain revised the issuance of this Order, setting forth 78002), ne revised 9 50.48 and appendix 4
NCTLs before actmg, the NRC does not -
the matters of fact and law on which the
"[g'o ppe((R have the necessary reasonable Licensee relies, Such answer should be sube no Ie A
O, eed i
assurance that the Licensee will carry submitted to the Director Office of out his duties in the future in accordance Enforcement Attn: Document Control particu r c e on with Commission regulations-Desk. Washington, DC,20555 with a features at a nuclear power plant. -
e staa m n stret r, U.S.
One of these 15 subsections,111.0,ls he c h sl a a ety equires u at egu a ry nunissi n. Region the subject of this exemption request.
that tr Dickherber's Ucense should be uspenciad. Pursuant fo to CFR 2iX 1 HI; 09 Roosevelt Road. Glen Ellyn.,
This subsection specifically states that j
llhnois 60137 and a copy to the Senior "the reactor coolant pump shall be -
find that the public health and safety Resident inspector at the Quad Cities equipped with an oil collection system if -
requires,in view of the wilMulness of the Nuclear Power Station.The Ucansee the containment is not inerted during violation, that this Order must be "Y**"
" D "" * *
- d **" ' ' ' ' NC.h Yd" etfecuve mmentateiv, his license revocation. Upon consent of systeme dall be capable on cotlecting V
the Ucensee or upon the Licensee's tube od Wm a 11 pressurized and Accordingly, pursuant to sections 107, failure to r,rquest a bearing, the Ucense un;'rumized leakage sites in the 1
10tb,101l,1010,182, and 186_of the shall be revoked.
readcr coolant pump lube oil
}
Atomic Energy Act of1954, as amended. '
systems. W Leekage pointa no be I
and the Commission's regulations in 10 vin protected shallinclude hft pump and CFR 2202,22M. and 10 CFR part $5, It piping, overflow lines. lobe oil cooler, oil if a heanng is requested, the fill and drain lines and plugs. flanged is herrby ordered effective Commission willissue an Order connections on oil lines, and tube oil immediately, that:
A. Ucense No. sop-2365-a is hereby designating the time and place of reservoirs where such features exist on suspended and Mr. Robert L. Dickherber hearing. lf a hearing is held, the issue to the reactor coolant pumps."
shall not undertake any activities be considered at such a heanng shall be TMl-1 has,in the past. been.-
authonzed thereby.
whether this Order should be sustained.
considered to be in full compliance with B.The Ucensee show cause why Dated et Rockville. Maryland this 23rd day section 111.0 of appendix R. However, a Ucense No. SOlt.23tgir-8 should not be of Februen 1soo, plant modification to reduce radiation revoked.
For the Nuclear Regulatory Commission.
operation and to improve the VI Ilush 1. Thompoem, lr.,
occupational safety aspects of adding oil Pursuant to 10 CFR 220t the to the RCPlube oil system has been DeputyExecuthe DimerorforNuclear Ucensee, or any obst person adversely Alatenals Safety. Sofquards. and Opemtions undertaken by the licensee.The -
{
affected by the provisions of this Order
- support, modification relocates the tube oil fill suspending the Ucense,may riquest a station to a remote location outsido of hearmg within 20 days of the date of lFR Doc.90-4s98 Filed 3-2-90: 8A5 ami the secondary radiation shield with a inuance of this Order. Any request for sumo coot rs*M corresponding addition of significant 1
1
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