ML20057E297

Notice of Violation & Proposed Imposition of Civil Penalty in Amount of $50,000.Noncompliance Noted:During 1991-1992 LORT Program,Facility Failed to Ensure Personnel Licensed Per 10CFR55 Had Completed Requalification Program

ML20057E297
Person / Time
Site:	Millstone
Issue date:	09/20/1993
From:	NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
To:
Shared Package
ML20057E294	List: ML20057E297
References
EA-93-130, NUDOCS 9310080298
Download: ML20057E297 (3)

Text

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ENCLOSURE i

NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY Northeast Nuclear Energy Company Docket Nos. 50-245/50-336/50-423 Millstone Nuclear Power Plant License Nos. DPR-21/DPR-65/NPF-49 EA 93-130 During an NRC inspection conducted on April 14-23, and May 12, 1993, violations of NRC requirements were identified.

In accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions," 10 CFR Part 2, Appendix C, the Nuclear Regulatory Commission proposes to impose a civil penalty pursuant to Section 234 of the Atomic Energy l

Act of 1954, as amended (Act),42 U.S.C. 2282, and 10 CFR 2.205. The particular violations l

and associated civil penalty are set forth below:

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i A.

Technical Specification Section 6.4.1 requires a Licensed Operator Requalification Training (LORT) program that meets or exceeds 10 CFR 55.59. 10 CFR 55.59(a)(1) requires a licensee (licensed operator) to successfully complete the facility's requalification program and 10 CFR 55.53 (h) makes completion of the requalification program a condition of the licenses for licensed operators and senior licensed operators.

10 CFR 50.54 (i) requires, except as provided in 10 CFR 55.13, that the facility licensee only allow operators and senior operators licensed pursuant to 10 CFR Part 55 to manipulate the controls of the reactor.

Contrary to the above, during the 1991 - 1992 LORT program, the facility licensee failed to ensure that all personnel licensed pursuant to 10 CFR Part 55 to operate or supervise the operation of Units 1 and 2, had successfully completed the requalification program, which is a condition of their licenses. Specifically, numerous licensed personnel for Unit I and Unit 2 missed at least one requalification training session (simulator, job l

performance measure, or class room instruction) and did not makeup the missed program content elements.

B.

Technical Specification 6.5.3.7.b. requires that the Nuclear Review Board perform audits that encompass the performance, training, and qualifications of the unit staff at least once per 12 months.

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Enclosure 2

Contrary to the above, between January 1,1987 and January 1,1993, the facility licensee audits of the unit staff for Units 2 and 3 either were not performed, or did not include adequate audits of the programs for performance, training, and qualification of

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the licensed operators.

The above violations are classified in the aggregate as a Severity level III problem (Supplement I).

Civil Penalty - $50,000 Pursuant to the provisions of 10 CFR 2.201, Northeast Nuclear Energy Company (Licensee) is hereby required to submit a written statement or explanation to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, within 30 days of the date of this Notice of Violation and Proposed Imposition of Civil Penalty (Notice). This reply should be clearly marked as a " Reply to a Notice of Violation" and should include for each alleged violation:

l (1) admission or denial of the alleged violation, (2) the reasons for the violation if admitted, and if denied, the reasons why, (3) the corrective steps that have been taken and the results achieved, (4) the corrective steps that will be taken to avoid further violations, and (5) 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 a Demand for 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 taken. Consideration may be given to extending the response time for good cause shown.

Under the authority of Section 182 of the Act,42 U.S.C. 2232, this response shall be submitted j

under oath or affirmation.

Within the same time as provided for the response required above under 10 CFR 2.201, the Licensee may pay the civil penalty by letter addressed to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, with a check, draft, money order, or electronic transfer payable to the Treasurer of the United States in the amount of the civil penalty proposed above, or may protest imposition of the civil penalty in whole or in part, by a written answer addressed to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission. Should the Licensee fail to answer within the time specified, an order imposing the civil penalty will be issued. Should the Licensee elect to file an answer in accordance with 10 CFR 2.205 protesting the civil penalty, in whole or in part, such answer should be clearly marked as an " Answer to a Notice of Violation" and may: (1) deny the violations listed in this Notice, in whole or in part, (2) demonstrate extenuating circumstances, (3) show error in this Notice, or (4) show other reasons why the penalty should not be imposed. In addition to protesting the civil penalty in whole or in part, such answer may request remission or mitigation of the penalty.

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Enclosure 3

In requesting mitigation of the proposed penalty, the factors addressed in Section VI.B.2 of 10 CFR Part 2, Appendix C, should be addressed. Any written answer in accordance with 10 CFR 2.205 should be set forth separately from the statement or explanation in reply pursuant to 10 l

CFR 2.201, but may incorporate parts of the 10 CFR 2.201 reply by specific reference (e.g.,

l citing page and paragraph numbers) to avoid repetition. The attention of the Licensee is directed to the other provisions of 10 CFR 2.205, regarding the procedure for imposing a civil penalty.

Upon failure to pay any civil penalty due which subsequently has been determined in accordance with the applicable provisions of 10 CFR 2.205, this matter may be referred to the Attorney General, and the penalty, unless compromised, remitted, or mitigated, may be collected by civil action pursuant to Section 234c of the Act,42 U.S.C. 2282c.

i The response noted above (Reply to Notice of Violation, letter with payment of civil penalty, l

and Answer to a Notice of Violation) should be addressed to: Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, D.C.

l 20555 with a copy to the Regional Administrator, U.S. Nuclear Regulatory Commission, Region I, and a copy to the NRC Resident Inspector at Millstone Station.

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l Dated at King of Prussia, Pennsylvania thisgday of September 1993 OFFICIAL RECORD COPY g:93130RE4.JGL

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