ML20149G662

Notice of Violation & Proposed Imposition of Civil Penalty on 940502-0826.Violation Noted:On 940423,licensee Failed to Remove Individual from Licensed Activities Due to Intoxication of Alcohol.Check for $80,000 Due in Nov

ML20149G662
Person / Time
Site:	Quad Cities
Issue date:	10/12/1994
From:	NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To:
Shared Package
ML20149G642	List: IR 05000254/1994018 ML20149G662
References
50-265-94-18, EA-94-188, NUDOCS 9410240073
Download: ML20149G662 (2)

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NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY Commonwealth Edison Company Docket Nos. 50-254; 50-265 Quad Cities Station License Nos. DPR-29; DPR-30 Units 1 and 2 EA 94-188 During an NRC inspection conducted from May 2 through August 29, 1994, 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, the Nuclear 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. 2282, and 10 CFR 2.205. The particular violations and associated civil penalty are set forth below:

A.

10 CFR 26.27(b)(1) requires, in part, that those workers whose fitness may be questionable be removed from activities within the scope of this part.

Contrary to the above, from 9:50 p.m. on April 23, 1994, until 1:08 a.m.

on April 24, 1994, the licensee failed to remove the Operations Manager from licensed activities in that he was still permitted unescorted access to the protected area even though two individuals had reported to the Shift Engineer the smell of alcohol on the breath of the Operations Manager. (01012)

B.

10 CFR 26.24(a)(3) requires, in part, that the licensee implement testing for cause as soon as possible after receiving credible information that an individual is abusing alcohol.

Quad Cities procedure QCAP 890-7, Section D.2(d) states that "for cause testing" should be accomplished by management within one (1) hour.

Contrary to the above, the licensee did not implement testing for cause as soon as possible after receiving credible information that the Operations Manager, who was unescorted in the protected area, had abused alcohol.

The credible information was initially received at about 9:50 p.m. on April 23, 1994 and testing for cause was not conducted until about 1:15 a.m. on April 24, 1994. (01022)

This is a Severity Level II problem (Supplement VII).

Civil Penalty - 580,000.

Pursuant to the provisions of 10 CFR 2.201, Commonwealth Edison Company (Licensee) is hereby required to submit a written statement of explanation to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, within 30 days of the date of this Notice of Violation and Proposed Imposition of Civil Penalty (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, and if denied, the reasons why, (3) the corrective 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.

i 9410240073 941012 PDR ADOCK 05000254 G

PDR

3 Notice of Violation 2

If an adequate reply is not received within the time specified in this Notice, an order or a Demand for Information may be issued to show cause why the license should not be modified, suspended, or revoked or why such other actions as may be proper 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 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, money order, or electronic transfer payable to the Treasurer of the United States in the amount of the civil penalty proposed above, or may protest imposition 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 specified, an order imposing the civil penalty 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 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.8 of 10 CFR Part 2, Appendix C, should be addressed. Any written answer in accordance 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 10 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.

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.

The responses noted above (Reply to Notice of Violation, letter with payment of civil penalty, and Answer to a Notice of Violation) should be addressed to:

Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, ATTN:

Document Control Desk, Washington, D.C. 20555 with a copy to the Regional Administrator, U.S. Nuclear Regulatory Commission, Region III, 801 Warrenville Road, Lisle, Illinois 60532-4351, and a copy to the NRC Resident Inspector at the Quad Cities Station.

Dated at Lisle, Illinois this JL day of October 1994 i