ML20059N109

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Forwards Insp Repts 50-295/90-11 & 50-304/90-13 on 900424- 0508 & 29 as Followup to Safety Insp Repts 50-295/87-08 & 50-304/87-10 on 870415 & 24 & Notice of Violation
ML20059N109
Person / Time
Site: Zion  File:ZionSolutions icon.png
Issue date: 09/21/1990
From: Davis A
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To: Reed C
COMMONWEALTH EDISON CO.
Shared Package
ML20059N110 List:
References
EA-90-092, EA-90-92, NUDOCS 9010100113
Download: ML20059N109 (5)


See also: IR 05000295/1990011

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September 21, 1990

Docket Nos.

50-295 and 50-304

License Nos. DPR-39 and DPR-48

EA 90-092

Commonwealth Edison Company

ATTN: Mr. Cordell Reed

' Senior Vice President

Opus West III

1400_ Opus Place

Downers Grove, Illinois 60515

Gentlemen:

SUBJECT:

NOTICE OF VIOLATION

(NRCINVESTIGATIONREPORTNO. 3-87-010)

(NRC INSPECTION REPORT NOS. 50-295/87008; 50-304/87010

AND 50-295/90011; 50-304/90013)

This refers to the special safety inspection conducted on April- 15 and 24,1987

of activities at the Zion Nuclear Generating Station, authorized by NRC License

Nos.

DPR-39 and DPR-48. A copy of the report of that inspection

(Nos.50-295/87008;.50-304/87010) was mailed to you on June 2, 1987.

This.also

refers to' an investigation conducted by the NRC Office of Investigations and

the closeout inspection that was conducted from April 24 through May 8,1990

and May 29, 1990. The closeout inspection was to follow up on concerns

regarding the recent performance of a radwaste foreman who falcified a record-

ir, March 1987.

A copy of the investigation report summary and the latter-

inspection report are attached. A violation of NRC requirements was identified

during the course of the inspections and investigation.

The_ opportunity to:

meet and consider this issue in an enforcement conference was discussed with

Mr. T. Maiman of your staff and it was agreed that an enforcement conference

regarding this matter was not necessary.

On March 14, 1987, a radwaste foreman signed a checklist . indicating that he had

performed two verifications required by technical specifications governing the

radwaste release, when in fact, he had not performed either:of the required

verifications. One verification required that the foreman personally see that

the discharge valves were properly lined up prior to start of the discharge

operation; the other required that he personally check to see that the

monitoring instruments were working p'

3erly and, if not, that' he take samples

of the discharge. The radwaste foremah asserted that he had received verbal

affirmation from the operating equipment attendant.that the valves were

properly lined up and, therefore, felt that he had not violated prescribed

procedures. The radwaste foreman claimed to have no recollection of training

-he received with_ regard to management verification. However, the 01

investigation disclosed that the radwaste foreman'had received training _on two -

separate occasions (one as recent as two weeks prior to this event) that-

addressed the issue of failure to perform verifications properly.

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September 21, 1990

The staff recognizes that the resultant unmonitored releases were fortuitously

- within regulatory limits.

However, i squirements are established for a specific

purpose and a foreman who believes that he need not perform the tasks required

of him is inexcusable.

Besides the trust placed in a foreman due to his

supervisory position, a foreman sets the standards of conduct for his

subordinates.

It is unacceptable for a supervisor to deliberately not perform

an assigned task and then falsify the record of that assignment.

The NRC considered several factors in determining the severity level-of this-

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willful violation. Although there was no economic advantage gained as a result

'

of this violation and the technical safety significance of the underlying event

,

was minimal, the individual involved was in a supervisory position and the

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individual had received training two weeks prior to the event regarding dual

verification. Therefores considering the foreman's position, his prior

training, and the fact that the NRC considers record falsification a

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significant regulatory concern, this violation has been categorized at Severity

Leve III.

.

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In accordance with the " General Statement of Policy and Procedure for NRC

Enforcement Actions," (Enforcement Policy) 10 CFR Part 2, Appendix C (1987), a

civil penalty is considered for a Severity Level III violation. However, after

consultation with the Director, Office of Enforcement, the Deputy Executive

Director for Nuclear Reactor Regulation, Regional Operations, and Research, and

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the Commission, I have decided that a civil penalty will not be proposed in

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this casa because you promptly identified the violation and reported 'it to the

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NRC. Further, the disciplinary actions taken by the Commonwealth Edi, ,.

Company by suspending the foreman's employment for three days without pay and

the instituting of a requirement for dual verification of valve positions were

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taken into consideration.

Also, the apparent satisfactory performance by the

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radwaste foreman subsequent to his return to work from the suspension wcs

considered.

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The fact that a civil penalty is not being proposed for this violation should

not diminish the importance of this matter. As'previously stated, docement

falsification cannot be excused in the nuclear industry.

In fact, if this

violation were to occur today, the NRC would consider issuing an order;to

remove the individual from licensed activities. . However, the NRC recognizes

that considerable time has passed since this' violation' occurred and that

actions have been taken to correct the identified violation and to prevent-

recurrence. Nevertheless, despite the apparent good behavior of this

individual since the time the violation occurred, you are required to respond

to this letter.

Specifically, you are to provide the NRC with your formal

basis for concluding you currently have confidence in the individual's

,

activities, giver, the record falsification,

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In accordance with 10 CFR 2.790 of the NRC's Rules of Practice, a copy of

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this letter and its enclosure will be placed in the NRC Public Document Room,

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September 21, 1990

The response directe:-

'his letter and the enclosed Notice are not subject

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to the clearance prot- J . . of the Office of Management and Budget as required

by the Paperwork Reduc dan Act of 1980, Pub.L. No.96-511.

Sincerely,

4

A. Bert Davis-

Regional Administrator

Enclosures:

1.

Notice of Violation

2.

Inspection Reports-

No. 50-295/90011;

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No. 50-304/90013

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3.

Synopsis of 01 Report

3-87-010

cc w/ enclosures:

M. Wallace, Vice President,

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PWR Operations

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'. Kovach, Nuclear

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Licensing Manager

T. Joyce, Station Manager

DCD/DCB (RIDS)

OC/LFDCB

Resident inspectors, Byron,

Braidwood, Zion

Richard Hubbard

J. W. McCaffrey, Chief, Public

Utilities Division

Mayor, City of Zion

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Chandu Patel, Project

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Manager, NRR

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Robert Ne-1 ann, Office of Public

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Counse. State of Illinois Center

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September 21, 1990

The response directed by this letter and the enclosed Notice are not subject

to the clearance procedures of the Office of Management and Budget as required

by the Paperwork Reduction Act of 1980, Pub.L. No.96-511.

Sincerely,

4

A. Bert Davis

Regional Administrator

Enclosures:

1.

Notice of Violation

2.

Inspection Reports

,

No. 50-295/90011;

No. 50-304/90013

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3.

Synopsis of 01 Report

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3-87-010

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cc w/ enclosures:

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M. Wallace, Vice President,

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PWR Operations

T. Kovach, Nuclear

Licensing Manager

T. Joyce, Station Manager

DCD/DCB (RIDS)

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OC/LFDCB

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Resident Inspectors, Byron,

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Braidwood, Zion

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Richard Hubbard

J. W. McCaffrey, Chief. Public

Utilities Division

Mayor, City of Zion

Chandu Patel, Project

Manager, NRR

Robert Newmann, Office of Public

Counsel, State of Illinois Center

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