Investigation Rept 3-95-043.Noncompliance Noted:On or About 950406,SR Allent Engaged in Deliberate Misconduct by Taping Radioactively Contaminated Particle to Underside of Table in Radiological Laundry Room,At PlantML20136H992 |
Person / Time |
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Site: |
Point Beach ![NextEra Energy icon.png](/w/images/9/9b/NextEra_Energy_icon.png) |
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Issue date: |
09/05/1996 |
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From: |
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
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To: |
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Shared Package |
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ML20136H980 |
List: |
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References |
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IA-96-050, IA-96-50, NUDOCS 9703190389 |
Download: ML20136H992 (4) |
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Category:INVESTIGATION REPORTS
MONTHYEARML20198R0031997-06-0404 June 1997 Investigation Rept 3-97-008 on 970604.No Noncompliance Noted.Major Areas Investigated:Alleged Matl False Statements Re Availability of Plant Cooling Sys by Plant Mgt to NRC ML20136H9611996-11-14014 November 1996 Notice of Violation from Investigation Rept 3-96-024 on 960513-0828.Violation Noted:Gl Goodchild,Radiochemistry Technician at Plant,Engaged in Delibrate Misconduct by Failing to Perform QA Check HP5890 on 960424 ML20136H9921996-09-0505 September 1996 Investigation Rept 3-95-043.Noncompliance Noted:On or About 950406,SR Allent Engaged in Deliberate Misconduct by Taping Radioactively Contaminated Particle to Underside of Table in Radiological Laundry Room,At Plant 1997-06-04
[Table view] Category:TEXT-INSPECTION & AUDIT & I&E CIRCULARS
MONTHYEARIR 05000266/19990151999-09-30030 September 1999 Insp Repts 50-266/99-15 & 50-301/99-15 on 990830-0903.No Violations Noted.Major Areas Inspected:Operations & Training IR 05000266/19990131999-09-29029 September 1999 Insp Repts 50-266/99-13 & 50-301/99-13 on 990714-0830.No Violations Noted.Major Areas Inspected:Aspects of Licensee Operations,Maint,Engineering & Plant Support IR 05000266/19993011999-09-0808 September 1999 NRC Operator Licensing Exam Repts 50-266/99-301OL & 50-301/99-301OL (Including Graded Tests) for Tests Administered on 990726-0802 IR 05000266/19990141999-08-31031 August 1999 Insp Repts 50-266/99-14 & 50-301/99-14 on 990726-30.No Violations Noted.Major Areas Inspected:Access Authorization Program,Alarm Stations & Communications.Security Mgt Also Inspected IR 05000266/19990091999-07-28028 July 1999 Insp Repts 50-266/99-09 & 50-301/99-09 on 990528-0713. Violations Noted.Major Areas Inspected:Licensee Operations, Maint,Engineering & Plant Support IR 05000266/19990121999-07-14014 July 1999 Insp Repts 50-266/99-12 & 50-301/99-12 on 990614-18.No Violations Noted.Major Areas Inspected:Implementation of Inservice Test Program & MOVs Capability,Per GL 96-05 IR 05000266/19990081999-06-18018 June 1999 Insp Repts 50-266/99-08 & 50-301/99-08 on 990411-0527.No Violations Noted.Major Areas Inspected:Operations, Maintenance,Engineering & Plant Support PNO-III-99-027, on 990514,Unit 1 Was Manually Tripped Due to Steam Leak from 4B Feedwater Heater.Nrc Resident Inspectors Monitored Activities in CR Following Reactor Trip & Monitoring Progress of Repair Work.Licensee Notified NRC1999-05-19019 May 1999 PNO-III-99-027:on 990514,Unit 1 Was Manually Tripped Due to Steam Leak from 4B Feedwater Heater.Nrc Resident Inspectors Monitored Activities in CR Following Reactor Trip & Monitoring Progress of Repair Work.Licensee Notified NRC IR 05000266/19990061999-05-0707 May 1999 Insp Repts 50-266/99-06 & 50-301/99-06 on 990223-0410. Non-cited Violations Noted.Major Areas Inspected:Operations, Maintenance,Engineering & Plant Support ML20206E3331999-04-28028 April 1999 Notice of Violation from Insp on 990105-022.Violation Noted: Between 981222 & 990105,low Temp Condition with Potential to Cause Freezing of Common Min Flow Line Was Not Identified Nor Cause Determined IR 05000266/19990051999-04-20020 April 1999 Insp Repts 50-266/99-05 & 50-301/99-05 on 990222-0312. Violations Noted.Major Areas Inspected:Effectiveness & Engineering & Technical Support Organization in Performance of Routine & Reactive Site Activities & Problem Prevention IR 05000266/19990101999-04-19019 April 1999 Insp Repts 50-266/99-10 & 50-301/99-10 on 990329-0401.No Violations Noted.Major Areas Inspected:Review of Emergency Preparedness Program & Aspect of Plant Support IR 05000266/19990071999-03-16016 March 1999 Insp Repts 50-266/99-07 & 50-301/99-07 on 990216-19.No Violations Noted.Major Areas Inspected:Routine Insp of Radiation Protection & Chemistry Program Which Included Water Chemistry Control Program ML20204D8311999-03-12012 March 1999 Insp Rept 50-266/99-04 on 990105-0222.One Violations of NRC Requirements Occurred & Being Treated as non-cited Violation.Major Areas Inspected:Operations,Maint & Engineering ML20207L1211999-03-10010 March 1999 Notice of Violation from Insp on 990105-0222.Violation Noted:As of 990129,Operations Manual 3.7, AOP & EOP Sets Use & Adherence, Rev 5,major Procedure Prescribing Activities Affecting Quality,Inappropriate for Circumstance IR 05000266/19990021999-03-10010 March 1999 Insp Repts 50-266/99-02 & 50-301/99-02 on 990105-0222. Violations Noted.Major Areas Inspected:Licensee Operations, Maint,Engineering & Plant Support IR 05000266/19990031999-02-0101 February 1999 Insp Repts 50-266/99-03 & 50-301/99-03 on 990111-15.No Violations Noted.Major Areas Inspected:Review of Plant Support Activities Relating to Physical Protection of Facility ML20199H5621999-01-15015 January 1999 Notice of Violation from Insp on 981121-990104.Violations Noted:As of 981015,adequate VT-2 Visual Exam of Pressure Retaining Boundary of Sfsp Common to Units 1 & 2 Not Performed During Each Code Insp Period IR 05000266/19980211999-01-15015 January 1999 Insp Repts 50-266/98-21 & 50-301/98-21 on 981121-990104. Violations Noted.Major Areas Inspected:Operations, Maintenance,Engineering & Plant Support IR 05000266/19980221998-12-24024 December 1998 Insp Repts 50-266/98-22 & 50-301/98-22 on 981208-10.No Violations Noted.Major Areas Inspected:Maint Rule Program IR 05000206/19980191998-12-0404 December 1998 Insp Repts 50-206/98-19 & 50-301/98-19 on 981004.No Violations Noted.Major Areas Inspected:Licensee Operations, Engineering,Maint & Plant Support IR 05000266/19980201998-11-30030 November 1998 Insp Rept 50-266/98-20 & 50-301/98-20 on 981102-06.No Violations Noted.Major Areas Inspected:Plant Biennial Exercise of Emergency Plan IR 05000266/19980171998-10-26026 October 1998 Insp Repts 50-266/98-17 & 50-301/98-17 on 980818-1005.No Violations Noted.Major Areas Inspected:Operations,Maint, Engineering & Plant Support IR 05000266/19980181998-10-0202 October 1998 Insp Repts 50-266/98-18 & 50-301/98-18 on 980831-0904.No Violations Noted.Major Areas Inspected:Radiation Protection Program,Including Review of Whole Body Counter Calibration, Portable Instrument Calibration & Routine Contamination IR 05000266/19980131998-09-11011 September 1998 Insp Repts 50-266/98-13 & 50-301/98-13 on 980608-12 & 0715-16.Violations Noted.Major Areas Inspected:Adequacy of Licensee Programs,Procedures,Training,Equipment & Supporting Documentation for Maint of Medium Voltage & Low Voltage ML20151Y2571998-09-11011 September 1998 Notice of Violations from Insp on 980608-12 & 0715-16. Violations Noted:Licensee Failed to Determine Lowest Voltages Available at Breaker Close & Trip Coils Since Original Installation of Breaker IR 05000266/19980151998-09-11011 September 1998 Insp Repts 50-266/98-15 & 50-301/98-15 on 980720-31.No Violations Noted.Major Areas Inspected:Adequacy of Licensee Programs,Procedures,Training & Supporting Documentation to Ensure TS Required Surveillance Testing IR 05000266/19980141998-09-0303 September 1998 Insp Repts 50-266/98-14 & 50-301/98-14 on 980707-0817.No Violations Noted.Major Areas Inspected:Operations,Maint, Engineering & Plant Support IR 05000266/19980161998-08-10010 August 1998 Insp Repts 50-266/98-16 & 50-301/98-16 on 980713-17.No Violations Noted.Major Areas Inspected:Review of Plant Support Activities Re Physical Protection of Facility IR 05000266/19983011998-07-29029 July 1998 NRC Operator Licensing Exam Repts 50-266/98-301 & 50-301/98-301 (Including Completed & Graded Tests) for Tests Administered on 980622-25.One SRO License Applicant Passed All Portions of Exam & Issued Operating License ML20236V6621998-07-29029 July 1998 Insp Repts 50-266/98-11 & 50-301/98-11 on 980526-0706. No Violations Noted.Major Areas Inspected:Operations,Maint, Engineering & Plant Support ML20249C2851998-06-19019 June 1998 Notice of Violation from Insp on 980414-0523.Violation Noted:Licensee Did Not Test Some Refueling Sys Interlocks During Refueling Shutdowns from Time of Initial Plant Refueling Through 980422 IR 05000266/19980091998-06-19019 June 1998 Insp Repts 50-266/98-09 & 50-301/98-09 on 980414-0523. Violation Noted.Major Areas Inspected:Operations,Maint, Engineering & Plant Support IR 05000266/19980121998-06-11011 June 1998 Insp Repts 50-266/98-12 & 50-301/98-12 on 980518-22. Violations Noted.Major Areas Inspected:Review of Unit 1 Refueling Outage Doses,Solid Radwaste Mgt,Transportation of Radioactive Matls & Health Physics Program ML20249A0621998-06-11011 June 1998 Notice of Violation from Insp on 980518-22.Violation Noted: Two Emergency Plan SRDs Available for Use in Emergency Plan Sampling Kits,Not Calibrated in Dec 1997 IR 05000266/19980071998-06-0303 June 1998 Insp Rept 50-266/98-07 on 980310-13,16,17,0401-02,22,24 & 0504-05.No Violations Noted.Major Areas Inspected: Maint & Engineeing ML20247D6681998-05-0505 May 1998 Notice of Violation from Insp on 971216-980309.Violations Noted:Weld Procedure Wps GT-SM/1.1-1 Pb,Rev 4,used to Fabricate SG Replacement Main Steam & Feedwater Welds,Did Not Meet Requirements of QW-409.1 IR 05000301/19980051998-05-0505 May 1998 Insp Rept 50-301/98-05 on 971216-980309.Violations Noted. Major Areas Inspected:Maint ML20247D2961998-05-0505 May 1998 Insp Repts 50-266/98-06 & 50-301/98-06 on 980303-0413. Violations Noted.Major Areas Inspected:Licensee Operations, Engineering,Maint & Plant Support IR 05000266/19980081998-04-15015 April 1998 Insp Repts 50-266/98-08 & 50-301/98-08 on 980316-20.No Violations Noted.Major Areas Inspected:Radiation Protection Performance During Refueling Outage ML20217J4521998-04-0101 April 1998 Notice of Violation from Insp on 980310-18.Violation Noted: as of 980313,licensee Failed to Establish Measures to Assure That Conditions Adverse to Quality,Promptly Identified & Corrected ML20217J4571998-04-0101 April 1998 Insp Repts 50-266/98-10 & 50-301/98-10 on 980310-18. Violations Noted.Major Areas Inspected:Review of Measuring & Test Equipment Procedures ML20217D3451998-03-21021 March 1998 Notice of Violation from Insp on 980120-0302.Violation Noted:Replacement of 10CFR50,App B,Criterion V,State,In Part,That Activities Affecting Quality Shall Be Prescribed by Documented Instructions ML20217D3531998-03-21021 March 1998 Insp Repts 50-266/98-03 & 50-301/98-03 on 980120-0302. Violations Noted.Major Areas Inspected:Operations, Maintenance,Engineering & Plant Support PNO-III-98-023, on 980305,unit 2 Completed TS-required Shutdown After Declaring CCW Sys Inoperable.While Shutdown, Licensee Plans to Conduct More Detailed Analysis of Postulated Failure1998-03-0606 March 1998 PNO-III-98-023:on 980305,unit 2 Completed TS-required Shutdown After Declaring CCW Sys Inoperable.While Shutdown, Licensee Plans to Conduct More Detailed Analysis of Postulated Failure IR 05000266/19980041998-02-27027 February 1998 Insp Repts 50-266/98-04 & 50-301/98-04 on 980202-06.No Violations Noted.Major Areas Inspected:Review of Health Physics Dept Preparations for Unit 1 Refueling Outage, Including ALARA Planning & Work Planning ML20203D4361998-02-19019 February 1998 Insp Repts 50-266/97-23 & 50-301/97-23 on 971020-1107. Violations Noted.Major Areas Inspected:Licensee Controls in Area of SEs as Well as Effectiveness of Licensee Controls in Identifying,Resolving & Correcting Problems IR 07100020/20110071998-02-19019 February 1998 Notice of Violation from Insp on 971020-1107.Violation Noted:Danger Tags 97-753 & 97-800 Were Installed on 971007 & 18,w/o Tag Sequence Numbers Being Assigned to Danger Tag Location Sheet IR 05000266/19970221998-02-18018 February 1998 Insp Repts 50-266/97-22 & 50-301/97-22 on 971104-980203.No Violations Noted.Major Areas Inspected:Review of 20 Licensee Event Repts Submitted Between 960909 & 971215 ML20202E9641998-02-10010 February 1998 NOV from Insp on 971201-980120.Violation Noted:From 980108- 09,operators Failed to Initiate Actions within 1 H to Place Unit in Hot Shutdown When Both Unit 1 safety-related 4,160- Volt Buses Were Powered from Standby Emergency Power Supply 1999-09-08
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NOTICE OF VIOLATION Mr. Steven R. Allent IA 96-050 During an NRC investigation conducted by the NRC Office of Investigations (01 Report No. 3-95-043), a violation of NRC requirements was identified. In accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions," NUREG-1600, the violation is set forth below: 1 l
10 CFR 30.34(c) provides, in part, that the licensee will confine its )
possession and use of byproduct material to the locations and purposes authorized by the license.
License Condition 2.E authorizes the licensee, pursuant to the Act and 10 CFR Parts 30 and 70, to possess byproduct and special nuclear materials as may be produced by the operation of the facility, but not to separate such materials retained within the fuel cladding.
Point Beach Nuclear Plant Procedure HP 2.15, Revision 2, " Control of Personnel Exposure to High Level Contamination, Hot Particles, and Activated or Fission Product Debris," Step 4.6, requires, in part, that high levels of contamination detected on protective clothing shall be removed and handled in a manner which minimizes personnel exposure. ,
10 CFR 50.5 provides, in part, that any employee of a contractor who engages in deliberate misconduct that causes a licensee to be in l violation of any rule, regulation, or order, or any term condition, or limitation of any license, issued by the Commission may be subject to enforcement action in accordance with 10 CFR Part 2, Subpart B.
Contrary to the above, on or about April 6, 1995, Mr. Allent, while i working as a contractor laundry technician /decontaminator at Point Beach Nuclear Plant', engaged in deliberate misconduct by taping a radioactively contaminated particle to the underside of a table in the radiological laundry room, a use of byproduct material not authorized by License Conditions 2.E and not in accordance with Point Beach Nuclear Plant Procedure HP 2.15. (01013)
This is a Severity Level III violation (Supplement I).
Pursuant to the provisions of 10 CFR 2.201, Mr. Allent is hereby required to submit a written statement or explanation to the U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, D.C. 20555 with a copy to the Regional Administrator, Region III, within 30 days of the date of the letter transmitting this Notice of Violation (Notice). This reply should be clearly marked as a " Reply to a Notice of Violation" and should include for each violation: (1) the reason for the violation, or, if contested, the basis for disputing the violation, (2) the corrective steps that have been taken and the results achieved, (3) the corrective steps that will be taken to avoid further violations, and (4) the date when full compliance will be achieved.
Your response may reference or include previous docketed correspondence, if the correspondence adequately addresses the required response. 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 such other action as may be 9703190389 960905 PDR ADOCK 05000266 G PDR
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.. .w Notice of Violation 2 proper should not be taken. Where good cause is shown, consideration will be given to extending.the response time. Under the authority of Section 182 of the Act, 42 U.S.C. 2232, this response shall be submitted under oath or affirmation.
Your response will be placed in the NRC Public Document Room '(PDR) unless you provide sufficient basis to withdraw this Notice. To the extent possible, your response should not include any personal privacy, proprietary, or-safeguards information so that it can be placed in the PDR without redaction. ,
However, if you find it necessary to include such information, you should clearly indicate the specific information that you desire not to be placed in the PDR, and provide the legal basis to support your request for withholding the information from the public.
Dated at Lisle, Illinois this 5th day of September 1996 -
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SYNOPSIS Of fice of Investigations (01), Region III (RIII), , 1995, to on Octobe
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Beach Nuclear Plant (Point Beach), Two Rivers, W i exposed of histhe a prank by coworkers to radiation from a contaminated particle, as a result contract employce.
i The investigation was also to determine.
if the licensee, Wisconsin Electric Power Company (WE), deliberately failed t1 control the radioactive material, i.e., the contaminated matter.
to NSS and WE management information regarding the co incident.
a NSS contractor deliberately exposed his coworkers to contaminated particle in violation of NRC License Conditions and regulations.
The investigation also determined that there was no regulatory requirement to by the contract employee. initiate a Condition Report on the incident of mi ;
Further, based on the evidence developed during the investigation, it is i employment discrimination against the HSS contract employe Case No. 3-95-043 1
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Section 50.5 Deliberate misconduct.
-(a) Any licensee or any employee of a licensee; and any )
contractor (including a supplier or consultant), subcontractor, i or any employee of a contractor or subcontractor, of any !
licensee, who knowingly provides to any licensee, contractor, or '
subcontractor, components, equipment, materials, or other goods or services, that relate to a licensee's activities subject to this part; may not:
(1) Engage in deliberate misconduct that causes or, but for ;
detection, would have caused, a licensee to be in violation of any-rule, regulation, or order, or any term,. condition, or limitation of any license, issued by the Commission, or (2) Deliberately submit to the NRC, a licensee, or a licensee's contractor or subcontractor, information that the person submitting the information knows to be incomplete or inaccurate in some respect material to the NRC.
(b) A person who violates paragraph (a) (1) or (a) (2) of this section may be subject to enforcement action in accordance with the procedures in 10 CFR part 2, subpart B.
(c) For purposes of paragraph (a) (1) of this section, deliberate misconduct by a person means an intentional act or omission that the person knows:
(1) Would cause a licensee to be in violation of any rule, regulation, or order, or any term, condition, or limitation, of any license issued by the Commission, or (2) Constitutes a violation of a requirement, procedure, instruction, contract, purchase order or policy of a licensee, contractor, or subcontractor. 3
[56 FR 40690, Aug. 15, 1991]
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