ML20148E662

Notice of Violation & Proposed Imposition of Civil Penalty in Amount of $100,000.Action Based on Failure to Adequately Control Access to High Radiation Areas & Inadequate Procedures for Personnel Radiation Protection

ML20148E662
Person / Time
Site:	Crystal River
Issue date:	03/17/1988
From:	Grace J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
To:
Shared Package
ML20148E658	List: ML20148E653 ML20148E662
References
EA-87-216, NUDOCS 8803250274
Download: ML20148E662 (5)

Text

_ _ _ _ _ _ _ . _ _ _ _ _ _ _ _ __ _-________ _ __ _ __ __

o .-

NOTICE OF VIOLATION AND PROPOSED IMPOSITION 0F CIVIL PENALTY Florida Power Corporation Docket No. 50-302 Crystal River, Unit 3 License No. OPR-72 EA 87-216 ,

r During the Nuclear Regulatory Commission (NRC) inspections conducted on October 14-16, 1987,-and January 5-7, 1988, violations of NRC requirements were

. identified. In accordance with the "General Statement of Policy and Procedure  :

for NRC Enforcement Actions," 10 CFR Part 2, Appendix C (1987), the Nuclear t i 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. 2202, and 0 10 CFR 2.205. The particular violations and associated civil penalty-are set forth below: -

, I. Violations Involving the Reactor Cavity Access Event j A. Technical Specification 6.12.1 requires that a high radiation area in which the intensity of the radiation is greater than 1,000 millirem per hour be barricaded and conspicuously posted as a high radiation >

area and entrance thereto controlled by issuance of a Radiation Work Permit. In addition, locked doors are required to be provided to prevent unauthorized entry into such area.

Contrary to the above, the licensee failed to adequately control 4 access to high radiation areas in that:

1. Between 1985 and October 9, 1987, a locked door was not provided to control access to the reactor cavity '.ocated on the 95 foot elevation of the Reactor Building.

1 j 2. On October 9, 1987, the licensee failed to barricade, post as a i

high radiation area, and control by issuance of a Radiation Work Permit access to such a high radiation area on the 95 foot elevation of the Unit 3 Reactor Building in the vicinity of the reactor cavity access. The intensity of radiation in the area was up to 40 Rem / hour at 18 inches from the opening to the i reactor cavity.

B. 10 CFR 19.12 requires that all individuals working in or frequenting any portion of a restricted area shall be instructed in the purpose and functions of protective devices employed, shall be instructed of their responsibility to report promptly to the licensee any condition which may lead to or cause a violation of Commission regulations and i licenses or unnecessary exposure to radiation or to radioactive

{ material, and shall be instructed in the appropriate response to j warnings made in the event of any unusual occurrence or malfunction i

i 1

8803250274 880317 ,

PDR ADOCK0500g O

Notice of Violation that may involve exposure to radiation or radioactive material. The extent of these instructions shall be commensurate with potential radiation health protection problems in the restricted area.

Contrary to the above, the licensee failed to adequately provide instruction to an Auxiliary Nuclear Operator working in the restricted area of the Reactor Building on October 9, 1987, on the limitations and possible failure modes of a radiation survey instrument that had been provided for his use in controlling his exposure in the restricted area and on the appropriate response to take when the radiation level present exceeded the maximum scale reading on the radiation survey meter.

C. Technical Specification 6.11 requires that procedures for personnel radiation protection shall be prepared consistent with the requirements of 10 CFR Part 20 and shall be approved, maintained, and adhered to for all operations involving personnel radiation exposure.

Technical Specification 6.8.1.b requires that written procedures shall be established, implemented, and maintained covering refueling operations.

Contrary to the above, the licensee's procedures for personnel radia-tion protection and refueling operations were inadequate as evidenced by the October 8, 1987 reactor cavity access shielding removal event in that they did not specify that:

1. permanent shielding removed during outage activities is to be reinstalled properly;

2. health physics is to be notified prior to the removal of permanent shielding;

3. health physics is to be notified whta unexpected radiological conditions are encountered or scope of previously authorized work changed;

4. high radiation area, in the Reactor Building area are to be posted and controlled following a plant shutdown and prior to

' allowing general access; and

5. personnel assigned to observe for seal leakage in the Reactor Building while filling the fuel transfer canal are to be instructed in the procedure for observing leaks and the precautions to be observed while performing that task, particularly with regerd to entries into the reactor cavity.

II. Violations Involvino Unauthorized Entries A. Technical Specificatior 6.12.1 requires that with respect to a high radiation area in which the radiation intensity is greater than 100 mrem per hour but less than 1,000 mrem per hour and any individual permitted to enter such areas shall be provided with a radiation

r Notice of Violation monitoring device which continuously indicates the radiation dose rate in the area.

Contrary to the above, on December 23, 1987, a radiation worker entered the "B" D-Rfng area of the Reactor Building, a posted high radiation area with dose rates up to 350 mrem per hour, without a radiation monitoring device which continuously indicated the radiation dose rate in the area.

B. Technical Specification 6.11 requires that procedu/es for personnel radiation protection shall be prepared consistent with the requirements of 10 CFR Part 20 and shall be approved, maintained, and adhered to for all operations involving personnel radiation exposure, ,

Licensee Procedure MTAPR-7.0, Controlling Access to Radiographic Areas, Revision 5, requires persons entering a radiographer's controlled area to obtain authorization from the radiographer-in-charge of the test.

Contrary to the above, on October 24. 1987, a radiation worker entered the "A" D-Rir.g arca of the reactor building, a radiographer's controlled area without approval from the radiographer-in-charge.

These violations have been evaluated in the aggregate as a Severity Level III problem (Supplement IV).

Cumulative civil penalty - $100,000 (575,000 for the violations in Section I and $25,000 for the violations in Section II)

Pursuant to the provisions of 10 CFR 2.201, Florida Power Corporation is hereby required to submit a written statement or explanation to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, 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 violation: (1) admission or denial of the 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 which 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 c.use why the license should not be modified, suspended, or revoked or why such other action as may be propar 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 licensee may pay the civil penalty by letter addressed to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, with a check, draft, or money order payable to the Treasurer of the United States in the amount of the civil penalty proposed above, or the cumulative amount the civil penalties if more than one civil penalty is proposed, or may protest imposition of the civil penalty in whole or in part by a written answer

(_ _ - _ . _ _ _ _ _ _ _ _ _ _ _ _ _ _

Notice of Violation addressed to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission. Should the licaptee fail to answer within the time specified, an order imposing the civil penllty will be issued. 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 an "Answer to a Notice of Violation" and may: (1) deny the violations listed in this Notice in whole or in part, (2) demonstrate extenuating 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 peralty.

In requesting mitigation of the proposed penalty, the five factors addressed in Section V.B of 10 CFR Part 2, ippendix C (1987), should be addressed. Any written answer ir. eccordance 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 30 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.

~- failure to pay the penalty due, which has been subsequently determined in o ,ce1ance with the applicable provisions of 10 CFP. 2.205, this matter may be

, -ed 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.

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 Er.forcement, U.S. Nuclear Regulator.y Commission, ATTN: Document Control Desk, Washington, DC 20555, with a copy co the Regional Administrator, Region II and a copy to the NRC Resident Inspector, Crystal River.

FOR THE NUCLEAR REGUL ORY COMMISSION ORIGINAL SIGNi0 dr.

A NETS 03 GRACE J. Nelson Grace

! Regional Administrator Dated at Atlanta, Georgia this/74 day of March 1998 I

Florida Power Corporation MAR 171988 Distribution POR CY

/JTaylor, OEORO JNGrace, RII ieberman, OE lack, OE Chandler, OGC FIngram, PA Enforcement oord nato ,rs I, RII, RIII, RIV,VRV Hayes, OI onnelly, 01A Murley, NRR Nussbaumer, 0GPA EJordan, AE00 OE File EA File DCS State of Florida

,JDRS, Technical Assistant Y NRC Resident Inspector OE g w.h OGCg RI!W

$W' 0

, [

)40 EFlaCX LChandler JNGrace J erman Taylor 3//d88 3/y/88 3/4/88 3 88 (/tj/88 "M tohr

"'d 4 LReyes a Nins"A gAp MErnst 3/ /88 3/[h/88 3/ 88 3////88