ML20034D857
| ML20034D857 | |
| Person / Time | |
|---|---|
| Site: | Kewaunee  |
| Issue date: | 02/12/1979 |
| From: | Sniezek J NRC |
| To: | Jennifer Davis NRC |
| Shared Package | |
| ML111670754 | List: |
| References | |
| FOIA-92-510 NUDOCS 9302240273 | |
| Download: ML20034D857 (1) | |
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NOTE TO: John G. Davis ACRS BRIEFING ON KEWAUNEE CIVIL PENALTY On Friday, February 9, we briefed the ACRS on the events surrounding the Kewaunee civil penalty case.
Based on the discussion that took place during the briefing, it appears that ACRS, in general, is not concerned about our actions in this case. The major thrust of an individual member appeared to be related to "are there any circumstances under which a licensee may be allowed to deviate from their procedures."
Dr. Kerr, based on the thrust of his questions, appeared to indicate that we may not have been reasonable in taking civil penalty action in a case where there may have been an emergency that existed as viewed from the eyes of the shift supervisor. Several of his colleagues, especially Dr. Moeller, gave the appearance that they tended to support the actions taken by IE in this case.
Mr. Giesler, Superintendent, Nuclear Power, Wisconsin public Service Company was in attendance during the briefing and made an oral statement to ACRS subsequent to the briafing. The theme of his statement was that the NRC, in general, is inundating the nur lear industry with paperwork requirements, and that the plant operators must be allowed to use their judgment in emergency situations. Of interest, but not directly related to the merits of this case, was a statement by Giesler to the effect that the inspector had harassed tne shift supervisor during the conduct of the investigation subsequent to the incident.
No new information which would change our course of action in this case was presented.
The ACRS did not extensively question Mr. Giesler subsequent to his presentation. We made no response to Mr. Giesler's presentation.
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- ...a February 22, 1979 e
i Wi:consin Public Service Docket No. 50-305 Corporation ATTN:
'Mr. P. Ziemer President Fest-Office 50x 1200 i
Green E3y, WI 5:3C5 i
Gentle en:
itis is in res:onse to your letter dated January 2,1979, which was in.
reso nse t: the Amended Notice of Violation anc Arended ';otice of L
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Pr ::se: Irp:sition of Civii Fenalties sent to you witn :gr letter dated De:e-ber 7,1973.
The December 7,1978 letter concerned two items Of nonccmpliance found d.ri.; a Nuclear Regulatory Commission inspection on May 3-5 and 15, and June 5,1978, of the radiation prote ion program at your Kesaunee 'uclear F <er Plant.
After careful consideratien of your January 2,1979 respense, we conclude that the items of noncom;liarce did 0: cur as dest-ited in the Arended
':::i:e of Violation. Witn regard to i:en 1, we find no evidence th::.
- cti.ucus es: r: ty ex;erienced. heal:n ohysic personnel was or0Vided c r.as 7.ne purp se of the procedure 'ulfilled.
.ith regard to itam 2,
,;. r. ave a:mitted noncorpiiance.
Acccrdingly,.ce hereby serve.the er.ciated Crcer on Wisconsin Public Service C:rpora:icn, impcsing Civii Fenalties in the amount of Seven Thousand Dollars (57,000).
Tne two iters of noncompliance were related to an incident involving entry into the reactor cavity, an area with the-potential for causing a substantial radiation overexposure.
The potential was broucht to your attention through IE Circu:.c 76-03, "Radittion Exposures in Reactor Cavities," which was acknowledged by you on November 12, 1975.
Both items of noncompliance contributed to the seriousness of the incident,.
wnich had the potential for causing a ~ substantial radiation overexpo-sure. The imoosition of Civil Penalties in this case is consistent witn enforcement policy and published criteria.
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- E~ URN RECEIFT RE0 VESTED 103790aW b C
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Wisconsin Public Service FEB 2 21979 Corporation f
We will. review your corrective actions regarding the items of noncompliance during future inspections.
Sincerely, w ai r-w.
J. G Cav.js John G. Davis Acting Direc'wr Office of Inspection and Enforcenent
Enclosures:
Order Inposing Civil Penaitles 4
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