ML20055C287
| ML20055C287 | |
| Person / Time | |
|---|---|
| Site: | Quad Cities  |
| Issue date: | 02/23/1990 |
| From: | Thompson H NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML20055C286 | List: |
| References | |
| EA-90-031, EA-90-31, NUDOCS 9003010257 | |
| Download: ML20055C287 (6) | |
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' UNITED STATES NUCLEAR REGULATORY COMISSION In the Matter of License No. SOP-2365-8 R. L. Dickherber Docket No. 55-5043 EA 90-031 ORDER SUSPENDING LICENSE (EFFECTIVE IMMEDIATELY) AND ORDER TO SHOW CAUSE WHY LICENSE SHOULD NOT BE REVOKED I
Mr. R. L. Dickherber (Licensee) is- the holder of Senior Operator License Limited to Fuel Handling No. 2365-8 (License) issued by the Nuclear Regulatory Commission (NRC/ Consnission) on March 12, 1975. He is employed by the Commonwealth Edison Company rnd is authorized to manipulate the controls limited to fuel handling of the reactors at Quad Cities Nuclear Power Station, Units 1 and 2 (Quad Cities orfacility).. The License was last renewed on March 12, 1989 and is due to expire on March 12, 1995.
II The NRC licenses individuals pursuant to 10 CFR Part 55, Operator's License, to direct fuel handling activities. The operator license requires the indivi-dual to. observe the operating procedures and other conditions specified in the facility license. Technical Specification 6.2.A.2, e condition of the Quad Cities fiuclear Power Station Licenses, requires that refueling activities be 3 4
accomplished in accordance with approved procedures. Facility procedures that imp?ement this requirement include QFP 100-1, Master Refueling Procedure, and QTP 1103-1, Preparation of Nuclear Component Transfer List. QFP 100-l' details ;
the administrative controls to be taken to assure that all core alterations-will be performed in a safe and orderly manner. Steps C.2 and F.3 of QFP-100-1 9003010257 PDR 900223 %
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require continuous communication between the control room and the refueling floor. Step D.5 requires that the. control room be informed of any action that p will affect the core reactivity. Section F specifies how QTP 1103-l'is to be t
[ used to implement core alterations. Step F.2 requires that steps on the Nuclear i
L Component Transfer List (NCTL) must be performed in the exact order listed or the steps must be changed in accordance with QTP 1103-1. In turn, QTP 1103-1, Step E.1 and Step F.6 of QTP 1103-1, require that any deviation from or change ,
to the NCTL must be authorized by the Nuclear Engineer on duty.
On October 17, 1989, refueling activities were being conducted at Quad Cities Nuclear Power Station, Unit 1, by Mr. Robert L. Dickherber, a Fuel Handling Foreman with a Senior Operator License Limited to Fuel Handling, issued pursuant to 10 CFR Part 55, and two non-licensed Fuel Handlers. An approved copy of the HCTL was being used at the job site and continuous comunication with the control room was initially established. During the reactor refueling, a fuel assembly was erroneously placed in the wrong core' location.
Through an ongoing NRC investigation (Investigation No. 3-89-015)of undocumented fuel moves that occurred on October 17,1989, the NRC has concluded that Mr. Robert L. Dickherber, directed the two Fuel llandlers of the refueling -!
1 crew to perfe.m an unathorized fuel manipulation to :orrect a fuel load error, i This was in violation of station refueling procedures QFP 100-1, Steps'D.5 and ~
F.2, and QTP 1103-1, Steps E.1 and F.6, in that the fuel manipulation was not specified in a NCTL, an approved deviation to the NCTL was not obtained prior - ;
to fuel movement, and the control room was not informed of the action that affected core reactivity, o
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The unauthorized fuel manipulation by Mr. Dickherber occurred innediately after l he was reminded by a Fuel Handler of the need to comply with the requirements of facility procedures QFP 100-1 and QTP 1103-1. While the fuel manipulation that was unauthorized by procedures took place, Mr. Dickherber failed to assure that constant communication was maintained with the control room as required by QFP 100-1 Steps C.2 and F.3. As a result, the control room personnel were not l
notified, as required, of the fuel manipulation to assure that core monitoring- ,
required by QFP 100-1 took place. QFD 100-1 and QTP 1103-1 are procedures required by Technical Specification 6.2.A.2. They thus are NRC requirements Mr. Dickherber was required to adhere to by the terms of his Senior Operator License. Based on the above, it appears that on October 17, 1989, l
Mr. Robert L. Dickherber willfully violated NRC requirements during refueling '
l activities.
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III I
The responsibilities associated with a Senior Operator License Limited to l Fuel Handling issued pursuant to 10 CFR Part 55 are significant with respect
. to the protection of t % p blic health and safety. Improper movement of fuel
] could have the potential for an inadvertent criticality. The execution of j these responsibilities requires persons of high personal integrity, who shall observe all applicable rules and regulations of the Connission during the-
! performance of licensed activities.- A Senior Licensed Operator who willfully i fails to comply with facility procedures and Technical Specifications during i'
fuel handling operations demonstrates a lack of intagrity that raises a substantial question as to whether such a licensee will in the future comply with Commission requirements.
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.-4 IV In this case, the Licensee's recognition that an error had occurred and Afs subsequent directions to disre,1ard required procedures and his failure to.
assure that subordinates maintained required continuous communications with the control room resulted in significant violations of Technical Specifications and station safety procedures and demonstrated a disregard of the imporwt e obligations of a Senior Licensed Operator and of the public trust ii. him. In
- addition, because the Licensee declined to be interviewed, the NRC'was deprived' of the opportunity to consider the-Licensee's views in this matter. Based on-the overall information available, which in this case includes a written state-ment from the Licensee made after the event acknowledging that he was put on-notice of the need to obtain revised NCTLs before acting, the NRC does~ not have the necessary reasonable assurance that the Licensee will carry-out his duties in the future in accordance with Connission-regulations. Consequently, I have determined that the public health and safety requires that Mr. Dickherber's License should be suspended. Pursuant to 10 CFR 2.204, I find that-the public health and safety requires, in view of the wi11 fulness of the-violation, that this Order must be effective innediately.
V Accordingly, pursuant to Sections 107, 161b, 1611, 1610, 182, and 186 of the Atomic Energy Act of 1954, as-amended, and the Commission's regulations in 10 CFR 2.202, 2.204, and 10 CFR Part 55. IT IS HEREBY ORDERED, EFFECTIVE D9tEDIATELY, THAT:
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. A. License No. S0P-2365-8 is hereby suspended and Mr. Robert L. Dickherber shall not undertake any activities authorized therehy.
B. The Licensee show cause why License No. SOP-2365-8 should not be revoked.
VI i
i Pursuant to 10 CFR 2.204, the Licensee, or any other person adversely affected - !
by the provisions of this Order suspending the License, may request a hearing within 20 days of the date of. issuance of this Order. Any request for hearing !
shall be submitted to the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555, Attention: Chief, Docketing and Service Section. Copies also shall be sent to the Director, Office of Enforcement, U.S. Nuclear .
Regulatory Commission, Washington,-D.C. 20555, the Assistant General Counsel ;j for Hearings and Enforcement, Office of the General Counsel, at the same address, and to the Regional Administrator, NRC Region III, 799 Roosevelt Road, !
Glen Ellyn, Illinois. 60137. If a person other than the Licensee' requests a hearing, that person shall set forth with particularity the manner in which-the person's interest-is adversely affected by this Order and should address the criteriasetforthin10CFR2.714(d). A REQUEST FOR HEARING SHALL NOT STAY THE IMMEDIATE EFFECTIVENESS OF THIS ORDER.
VII 1 i
Pursuant to 10 CFR 2.202(b), the Licensee may show.cause why his License should
-not be revoked by filing a written answer under oath or affirmation within 20
1 chys of the date of the issuance of this Order, setting forth the matters of fact and law on which the Licensee relies. Such answer should be submitted to
-the Director, Office of Enforcement, ATTN: Document Control Desk, Washington, DC, 20555, with a copy to the Regional Administrator, U.S. Nuclear Regulatory Commission, Region III, 799 Roosevelt Road, Glen F11yn, Illinois 60137 and a copy to the Senior Resident Inspector at the Quad Cities Nuclear Power Station. -
The Licensee egy answer this Order by consenting to his license revocation. ,
j Upon consent of the Licensee or upon the Licensee's failure to request a hearing. l l 1 the License shall be revoked. l
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VIII' J
If a hearing is requested, the Commission will issue an Order designating the time and place of hearing. If a hearing is held, the issue to be considered at such a hearing shall be whether this Order should be' sustained.
FOR THE NUCLEAR REGULATORY COMMISSION
. Rid !
H L. Thomps ,
D ty Executive i ctor for Nuclear Materials afety, Safeguards, and Operations Support Dated at Rockville, Maryland '
thisM day of February 1990 i
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