ML20056E474

Notice of Violation from Insp on 930628-0702 & 930712-16. Violation Noted:Licensee Failed to Notify NRC of Change in Medical Status of Licensed Operators within 30 Days as Required,Per 10CFR55.25 & 10CFR50.74

ML20056E474
Person / Time
Site:	Mcguire, McGuire
Issue date:	08/12/1993
From:	NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
To:
Shared Package
ML20056E465	List: ML20056E464 ML20056E474 ML20056E484
References
50-369-93-300, 50-370-93-300, NUDOCS 9308240107
Download: ML20056E474 (2)

Text

ENCLOSURE 1 NOTICE OF VIOLATION Duke Power Company Docket Nos. 50-369 and 50-370 McGuire Nuclear Station License Nos. NPF-9 and NPF-17 During an NRC inspection conducted on June 28-July 2,1993, and July 12-16, 1993, two violations of NRC requirements were identified. In i accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions," 10 CFR part 2, Appendix C, the violations are listed below:

A. 10 CFR 55.25 states "If, during the term of the (an operator's) license, the licensee develops a physical or mental condition that causes the licensee to fail to meet the requirements of & 55.21 of this part, the facility licensee shall notify the Commission within 30 days of learning ,

of the diagnosis. For conditions for which a conditional license (as l described in s 55.33(b) of this part) is requested, the facility  :

licensee shall provide medical certification on Form NRC 396 to the  !

Commission (as described in 6 55.23 of this part)." Also, 10 CFR 50.74 states "Each (facility) licensee shall notify the Commission in accordance with 9 50.4 within 30 days of the following in regard to a licensed operator or senior operator: ...(c) Disability or illness as described in 55.25 of this chapter."

Contrary to the above, on August 12, 1992, October 11, 1991, and ,

March 16, 1989, the facility licensee's physician made the '

determination that each of three operator's eyesight no longer met the minimum standards required by 55.33 (a)(1) as measured by the ,

standards of ANSI /ANS-3.4-1983. Also, on November 27, 1991, the -

facility licensee's physician made the determination that a fourth operator's license should have been conditioned "no solo" because the operator did not meet the standards specified above.

Subsequently, the facility licensee, in each case, failed to notify the Commission of the change in medical status of these operators within 30 days as required by 10 CFR 55.25 and 10 CFR ,

50.74. '

This is a Severity Level IV violation (Supplement VII.D)

B. 10 CFR 50, Appendix B, in part, states that the pertinent requirements of this appendix apply to all activities affecting the safety-related '

functions of those structures, systems, and components which includes operating. Furthermore, it states that quality assurance includes quality control, which comprises those quality assurance actions related ,

to the physical characteristics of a material, structure, component, or system which provide a means to control the quality of the material, i structure, component, or system to predetermined requirements. '

10 CFR 50, Appendix B, Criterion V, states that activities affecting quality shall be prescribed by documented instructions, procedures, or l

9308240107 930912 PDR [

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P Enclosure 1 2 drawings of a type appropriate to the circumstances and shall be l accomplished in accordance with these instructions, procedures, or drawings.

Contrary to the above, on July 12, 1993, the examiner discovered that at least two Senior Reactor Operators had been using an uncontrolled document, Guidelines for Inoperability, in the control room to make Technical Specification operability decisions on safety-related equipment.

This is a Severity Level IV violation (Supplement I).

Pursuant to the provisions of 10 CFR 2.201, Duke Power Company is hereby required to submit a written statement or explanation to the U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, D.C. 20555, with a copy to the Regional Administrator, Region II, and a copy to the NRC Resident Inspector at the facility that is the subject of this Notice, within 30 days of the date of the letter transmitting this Notice of Violation (Notice). This reply should be clearly marked as a " Reply to a Notice of Violation" and should include for each violation: (1) the reason for the violation, or, if contested, the basis for disputing the violation, (2) the corrective steps that have been taken and the results achieved, (3) the corrective steps that will be taken to avoid further violations, and (4) the date when full compliance will be achieved. If an adequate reply is not <

received within the time specified in this Notice, an order or Demand for l Information may be issued as to why the license should not be modified,  !

suspended, or revoked, or why such other action as may be proper should not be j taken. Where good cause is shown, consideration will be given to extending -

the response time.

Dated at Atlanta, Georgia l this /B M day of August 1993 l l

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