ML20059A940
| ML20059A940 | |
| Person / Time | |
|---|---|
| Site: | Quad Cities, 05505043  |
| Issue date: | 08/08/1990 |
| From: | Holler E, Lefstein S, Trubatch S COMMONWEALTH EDISON CO., DICKHERBER, R.L., NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | |
| Shared Package | |
| ML20059A938 | List: |
| References | |
| 90-609-02-OM, 90-609-2-OM, 90-610-01-SC, 90-610-1-SC, EA-90-031, EA-90-032, EA-90-31, EA-90-32, OM, SC, NUDOCS 9008240162 | |
| Download: ML20059A940 (5) | |
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UNITED STATES OF AMERICA ishfc NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOAR @D Al014 A9:35 erott :n srsETw in the Matter of
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Docket No. 55 5043 SCNCM lyg"W
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ROBERT L DICKHERBER
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Ucense No. SOP-2365 8 t
(Order Suspending Ucense; Order
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To Show Cause Why License
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Should Not Be Revoked
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EA 90-031)
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ASLBP No. 90 610-01 SC in the Matter of
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Docket Nos. 50-254 OM
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50 265 OM i
COMMONWEALTH EDISON
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COMPANY
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License Nos. DPR 29 (Quad Cities Nuclear Power
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DPR 30 Station)
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(Order Modifying License
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ASLBP No. 90-609-02 OM EA 90-032)
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SETTLEMENT AGREEMENT
- 1. Mr. Robert L Dickherber is the holder of Senior Operator License Limited To Fuel Handling No. SOP 2365 8 issued by the Nuclear Regulatory Commission (NRC) pursuant to 10 C.F.R. Part 55 on March 12,1975, which was renewed last on March 12, 1989, and is due to expire on March 12, 1995. Commonwealth Edison Co. is the holder of Operating License Nos. DPR 29 and DPR 30, for the Quad Cities Nuclear Power Station, Units 1 and 2, located in Rock Island County, Illinois, issued by the NRC pursuant to 10 C.F.R. Part 50 on October 1,1971 and April 6,1972, respectively.
2.
On February 23, 1990, the NRC staff (Staff) issued an Order Suspending License and an Order to Show Cause Why License Should Not Be Revoked (Show l
Cause Order) to Mr. Dickherber, and an Order Modifying License to Commonwealth l
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Edison Co., which added the condition that Mr. Dickherber shall not participate in any 10 C.F.R. Part 50 licensed activity under Ucense Nos. DPR 29 and DPR 30 without prior written approval of the Regional Administrator, Region III, (55 Fed. Reg. 7797 98, hiarch 5,1990). The enforcement orders resulted from an incident invohing Mr. Dickherber that occurred during refueling operations at the Quad Cities Nuclear Power Station on October 17, 1989. The bases for issuance of the orders are set forth therein.
- 3. The Staffs Order Suspending Ucense, Show Cause Order, and Order Modifying Ucense provided an opportunity for Mr. Dickherber, Commonwealth Edison, or any other person adversely affected by the orders, to submit an answer within 20 days of the date of the orders. On March 15, 1990, Mr. Dickherber requested an extension of time from 1
the Staff to file an answer to the orders until April 13, 1990. The Staff agreed to Mr.
Dickherber's request and he subsequently timely filed an answer in response to the orders on April 13, 1990, and a supplemental answer on June 1,1990. On March 15, 1990, Commonwealth Edison responded that it would comply with the Order Modifying License and requested an opportunity to respond to any answers or other documents that might be filed by others regarding the order.
4.
On April 30, 1990, this Atomic Safety and Ucensing Board (Board) was established to preside over the hearing requested by Mr. Dickherber in his answer to the Order Suspending Ucense, Show Cause, and the Order Modifying Ucense to Commonwealth Edison Co.
By Memorandum and Order dated May 4,1990, and Memorandum and Order dated July 2,1990, the Board granted joint motions by tb Staff and Mr. Dickherber to defer further action before the Board to allow the parties to explore resolution of this matter without resort to litigation. Commonwealth Edison had no objection to the deferrals.
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- 5. The Staff and Mr. Dickherber agree to the following settlement provisions:
A.
Mr. Dickherber admits the allegations of fact set forth in the Staffs Order Suspending Ucense, Show Cause Order, and Order Modifying Ucense and Mr. Dickherber withdraws his request for a hearing as to these orders.
B.
The Staff has reviewed the information in Mr. Dickherber's April 13,1990 Answer and his June 1,1990 Supplemental Answer and in letters from Commonwealth Edison dated June 4,1990, and July 11, 1990, regarding Mr. Dickherber's past performance and Commonwealth Edison's INDIVIDUAL PERFORMANCE MONITORING AND IMPROVEMENT PIAN (Remediation Program) for Mr. Dickherber. The Staff met with Mr. Dickherber at an enforcement conference on July 13, 1990. Based on these reviews and the conference, the Staff has concluded that the October 17, 1989 incident appears to have been an isolated event, that Mr.
Dickherber has properly carried out the responsibilitas of his license in the past, that he understands the gravity of his actions on October 17, 1989, that he is committed to avoid a repetition of such actions, and that he is willing to participate in Commonwealth Edison's Remediation Program.
Accordingly, for these reasons, the Staff grants Mr. Dickherber's request that Senior Operator Ucense Umited To Fuel Handling No. SOP 2365 8 not be revoked.
C.
The Staff has reviewed Commonwealth Edison's evaluations of Mr. Dickherber in its June 4,1990 and July 11, 1990 letters to the NRC Staff and Commonwealth Edison's Remediation Program for Mr. Dickherber
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forwarded by Commonwealth's July 11,1990 letter. The Staff concludes that successful completion of the Remediation Program by Mr. Dickherber should provide the requisite reasonable assurance for his resuming nonnal participation in 10 C.F.R. Part 50 licensed activities.
The Remediation Program developed by Commonwealth Edison would require Mr. Dickherber's monitored participation in activities licensed under 10 C.F.R. Part 50. Mr. Dickherber agrees to participate in the Remediation Program. Accordingly, for this reason, the Regional Administrator, Region til will relax as necessary th: condition in Operating License Nos. DPR 29 and DPR 30 prohibiting Mr. Robert L Dickherber from participating in any licensed activities under those licenses provided Mr. Dickherber participates in the Remediation Program described in Commonwealth Edison Company's July 11, 1990 letter to the Regional Administrator, Region Ill.
Commonwealth Edison agrees to notify the Regional Adtninistrator, Region 111 promptly if Mr. Dickherber should cease his participation in the Remediation Program.
D. Upon successful completion of the aforesaid Ren.ediation Program, as certified by Commonwealth Edison, but no sooner than March 17, 1991, and upon a determination by the NRC Staff that Mr. Dickherber has successfully completed the Remediation Program and therefore has demonstrated the ability to conform his actions to all applicable rules, regulations, and orders of the Commission, the Staff will withdraw its February 23,1990 Order Suspending Senior Op'.:rator License Limited To Fuel 11andling No. SOP 2365 8 and the Regional Administrator, Region Ill j
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.. l will terminate the condition in Operating Ucense Nos. DPR 29 and DPR-30 prohibiting Mr. Robert L Dickherber from participating in any licensed actisities under those licenses, 4.
Commonwealth Edison agrees to aforesaid conditions C. and D. insofar as
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those conditions affect Commonwealth Edison Co. and its actidtles under Operating Ucense Nos. DPR 29 and DPR 30.
- 5. The Staff and Mr. Dickherber agree to file a joint motion with the Atomic Safety and Licensing.a.ard for an Order approving this Settlement Agreement and terminating this proceeding. Commonwealth Edison agrees not to oppose such a motion.
- 6. This Settlement Agreement shall become effective upon approval by the Board.
In the event the 130ard does not approve this Settlement Agreement, it shall be null and void.
FOR THE NRC STAFF 0-7/I*/T#
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Eugge lloller' FOR ROBERT L DICKHERBER kbAMhg g
S'tuart L Lefstein I
FO Ch 10 W LTil EDISON CO.
%(![bh Sheldon L Trubatch '
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