ML20058C734
| ML20058C734 | |
| Person / Time | |
|---|---|
| Site: | Oyster Creek |
| Issue date: | 10/24/1990 |
| From: | Martin T NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I) |
| To: | |
| Shared Package | |
| ML20058C732 | List: |
| References | |
| EA-90-148, NUDOCS 9011050039 | |
| Download: ML20058C734 (3) | |
Text
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NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY GPU Nuclear Corporation Docket No. 50-219 Oyster Creek License No. DPR-16 EA 90-148 During an NRC special training program team inspection conducted between June 25 and July 10, 1990, a violation of NRC requirements was identified.
In accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions," 10 CFR Part 2, Appendix C, (1990), the Nuclear Regulatory Commission proposes to impose a civil penalty pursuant to Section 234 of the Atomic Energy Act of 1954, as amended ("Act"), 42 U.S.C. 2282, Pub. L.96-295, 1
and 10 CFR 2.205.
The particular violation and the associated civil penalty are set forth below:
10 CFR 50.54(k) states, that an operator or senior operator licensed pursuant to Part 55 shall be present at the controls at all times during operation of the facility.
10 CFR 55.53(h) requires that as a condition of the license, the licensed reactor operator or senior reactor operator shall complete a requalifica-tion program as described by 10 CFR 55.59.
10 CFR 55.59(a)(2) states, that licensed operators must successfully pass a comprehensive requalification written examination and an annual operating test.
Contrary to the above, on certain occasions between June 1, 1989 and June 28, 1990 and between May 12, 1989 and July 10, 1990 respectively, while the reactor was operating, two reactor operators were, at times, present at the controls-of the reactor without having successfully completed a comprehensive requalification program in that the individuals did -not pass the written examinations administered on June 1,1989 and May 12, 1989, respectively. Although the individuals were initially assigned grades of 82.5% and 82.69%, respectively, which exceeded the passing criteria of 80%, the individuals' examinations were regraded in June and July 1990 and assigned grades of less than 80%.
This violation has been classified at Severity Level III Gupplement I)
Civil Penalty - $75,000 Pursuant to the provision of 10 CFR 2.201, General Public Utilities Nuclear Corporation is hereby required to submit a written statement or explanation to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, within 0FFICIAL RECORD COPY CP PKG OYSTER CREEK - 0008.0.0 10/19/90 9011o50039 901024 ADOCK 050 g 9:
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2 30 days of the date of the Notice.
The reply should be clearly marked as a
" Reply to a Notice of Violation" and should include for each alleged violation:
(1) admission or denial of the alleged violation, (2) the reasons for the violation if admitted, (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 may be issued to show cause 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 under oath or affirmation.
Within the same time as provided for the response required above under 10 CFR 2.201, the Lic%see may pay the civil penalty by letter to the Director, Of fice of Enforcemnt
'J.S. Nuclear Regulatory Commission, with a check, draft, or money order pa. >1e 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 Qforcement, U.S. Nuclear Regulatory Commission.
Should the Licensee fail to answer within the time specified, an order imposing the civil penalty will be issuea.
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 " Answer to a Notice of Violation" and may: (1) deny the violation (s) listed in this Notice in whole or in part, (2) demonstrate exten-uating 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, such answer may request remission or mitigation of the penalty.
In requesting mitigation of the p rposed penalty, the factors addressed in Section V.B. of 10 CFR Part 2, Appendix C (1990), 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 CFR 2.201, but may incorporate parts of the 10 CFR 2.201 reply by specific reference (e.g., 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. 2282(c).
The responses to the Director, Office of Enforcement, noted above (Reply to a Notice of Violation, letter with payment of civil penalty, 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, OFFICIAL RECORD COPY CP PKG OYSTER CREEK - 0009.0.0 10/19/90
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'D'C :20555 withia copy to the Regional: Administrator, U.S. Nuclear Regulatory L'
. Commission', Region'I, 475 A11endale Road, King of Prussia, Pennsylvania 19406
- and a : copy > to the. Senior Resident Inspector,. 0yster Creek.
U FOR THE NUCLEAR REGULATORY COMMISSION Original Signed By:
J Thomas T. Maitin Thomas T. Martin 1
Regional Administrator l
. Dated at King of Prussia, Pennsylvania thisgdayofOctober1990.
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