ML20058L355
| ML20058L355 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 07/30/1990 |
| From: | Martin T NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I) |
| To: | |
| Shared Package | |
| ML20058L354 | List: |
| References | |
| EA-90-018, EA-90-18, NUDOCS 9008070127 | |
| Download: ML20058L355 (3) | |
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h NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY GPU Nuclear Corporation Docket No.
50-320 Three Mile Island, Unit 2 License No. DPR-73 EA 90-018 In July 1987, an anonymous allegation was received by both the NRC and licensee concerning alleged inattentiveness by the then shift supervisor (senior reactor operator) of the F-shift at Three Mile Island, Unit 2, as well as the alleged failure by certain site managers to correct the condition, although they were aware of it.
During a subsequent investigation conducted by the NRC Office of Investigations (01), violations of NRC requirements were identified.
In accordance with the " General Statement of Policy and Procedure for NRC Enforce-ment Actions," 10 CFR Part 2, Appendix C (1987), the Nuclear Regulatory Commission proposes to impose a civil penalty pursuant to Section 234 of the Atomic Energy Act of 1954, as amended, 42 U.S.C. 2282, and 10 CFR 2.205. The particular violations and associated civil penalty are as follows:
'A.
Technical Specfication 6.8.1 requires that written procedures be
-established, implemented and maintained covering the activities recommended in Appendix A of Regulatory Guide 1.33, Revision 2, February 1978.
Section 1 of A pr
- A of Regulatory Guide 1.33, Revision 2, 1978 requires in p
- ablishment of administrative procedures covering the conduct of,
,'t operations.
TMI-2 Depart.ntal Admin' trative Procedure Manual 4210-ADM-3020.01, entitled "C,-
t.of '
herations",- Revision 5-02, dated February 27, 1987, writts' ut requirements of Appendix A of Regulatory Guide 1.33,,
-t, in paragraphs 4.4.2, 4.4.3, and 4.4.4, that
~
all on-dut;
<> x spervisors be aware of and responsible for plant dicularly attentive to their instrumentation status at t s, ne and controls
- ' i :r s; at.d be alert for any unusual trends in plant parameters.
Contrary to the above, for ind: terminate periods prior to July 1987, on various shif ts, particularly during the 11:00 p.m. to 7:00 a.m. shif t, the then shift supervi :- (senior reactor operator) of the F-shif t, although assigned to be the supervisor directly responsible for the operation and control of the unit, was at times not alert or not attentive to his duties.
Specifically, the individual exhibited a pattern of sleeping, giving the appearance of sleeping, or otherwise being inattentive to duties.
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B.'
10 CFR Part 50, Appendix B, Criterion XVI, Corrective Action, r.equires, in part, that measures be established to assure that conditions adverse to quality, such as deficiencies and nonconformances, are promptly identified and corrected; and that fw significant conditions adverse to quality, the cause of the condition is determined; corrective action is taken; and thos9 urditions, causes, and corrective actions are documented ar# aporud to appropriate levels of management.
Contrary tij thb above, between tbr %1' of 1986 and July 9,1987, the then Plant Operations Manager was mada ware (by subordinate shif t per$%nel) of allegations. that the -then smit supervisor. of tht F-shift was abserved sleeping while on duty; furthermore, on three other occasions (on or about April 9, June 24 and July 1,1987) other site managemer (including the then Manager, Plant Operations; the then Site Operations Director in April 1987; his then successor as Site Operations Director between April and July 1987; and the then TMI-2 Director) became aware, to varying degrees, of allegations that the then shift supervisor of the F-shift was observed tc, be sleeping on duty. Although inattentiveness by the shift supervisor would constitute a significant condition adverse to quality, measures were not adequately implemented by site management to promptly establish the validity of the allegations 6nd take appropriate action to correct this condition.
These two violations are classified in the aggregate as a Severity Level III problem.- (Supplement I)
Civil Penalty - $50,000 l
Pursuant to the provisions of 10 CFR 2.201, GPU Nuclear Corporation is hereby required to subtr.it a written statement or explanation', under oath or affirma-r tion, to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, ATTN:
Document Control Desk, Washington'D.C.
20555 with a copy to the Regional Administrator, Region I, within 30 days-of the date of this Notice.
This 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 correccive 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.
Consideratior, may be given to extending the response time for good cause shown.
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, Of fice of Enforcement, U.S. Nuclear Regulatory Commission, with a check, draft, money order, or electronic transfer payable to the Treasurer of 0FFICIAL RECORD COPY TMI-2 OP VERSION 1 - 0005.0.0 07/30/90
s s ac e
y.."*; ' x NOTICE OF VI0'LATION-3-
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- the United States in-the amount of the civi1 = penalty or may protest imposition L
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 specif.ied, an._ order _ imposing the
' civil penalty will be issued.
L Should the licensee elect to file an answer in j
accordance with 10 CFR 2.205 protesting the civi.1 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 violation (s) listed in this Notice, in whole or in part,
.(2) demonstrate extenuating circumstances, (3) show error,in1this Notice, or (4)1 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.
In requesting mitigation of the proposed penalty, the factors addressed in Section V.B in 10 CFR Part 2, Appendix C (1987) should be addressed. Any-written answer in accordance with 10 CFR 2.205 should be set forth separately
-f from.the statement 'or explanation in reply pursuant to 10 CFR 2.201, but may
,incorpcrate 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.
1 is directed toi he other provisions of 10 CFR 2.205, regarding the procedure r
t
- 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.
l
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_The response noted -above (Reply to Notice of Violation, letter with payment-of-civil-penalty, and -Answer to a Notice.of Violation) should be addressed to:
1 Director, Of fice of Enforcement, U.SE Nuclear Regulatory Commission, ' ATTN:
Document Control Desk, Washington, D.C. 20555, with a copy to the Regional Administrator, Region I, U.S. Nuclear Regulatory Commission, 475 Allendale Road, King of Prussia, Pennsylvania.19406, and a copy to the NRC Resident-
, Staff at Three Mile Island.
FOR THE NUCLEAR REGULATORY COMMISSION Original Signed By:
Th0 mas T. Martirr Thomas T. Martin Regional Administrator o J 1 b 0FFICIAL RECORD COPY TMI-2 OP VERSION 1 - 0006.0.0 07/30/90
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