ML20151V402

Notice of Violation & Proposed Imposition of Civil Penalty in Amount of $500.Violation Noted:Inattentiveness to Instrumentations & Controls

ML20151V402
Person / Time
Site:	Peach Bottom, 05560783
Issue date:	08/09/1988
From:	Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:
Shared Package
ML20151V398	List: ML20151V395 ML20151V402
References
EA-88-019, EA-88-19, NUDOCS 8808220275
Download: ML20151V402 (2)

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NOTICE OF VIOLATION MD PROP 0 SED IMPOSITION OF CIVIL FENALTY Hr. Richard A. Maldonado Docket No.

55-60783 License No. OP-10419 HOME ADDRESS DELETED EA 88-19 UNDER 10 CFR 2.790 During an enforcement conference conducted with you on February 11, 1988, a violation of your reactor operator license was admitted.

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

10 CFR Part 2, Appendix C (1988), the Nuclear Regulatory Connission proposes to impose a civil penalty pursuant to Section 234 of the Atomic Energy Act of 1954,asamended(Act),42U.S.C.2282,and10CFR2.205. The particular violation and assnciated civil penalty are set forth below:

Reactor Operator License No. OP-10419 requires, in part, that when manipulating the controls of the Peach Bottom Atomic Power Station Units 2 and 3, you shall observe the operating procedures and other conditions specified in the facility license which authorizes operation of the facility.

Technical Specification 6.8 of Facility Operating License Nos. DPR-44 and DPR-56 for the Peach Bottom Atomic Power Station requires the establishment and implementation of certain written procedures and administrative policies.

Peach Bottom Administrative Procedure No. A.7, entitled "Shift Operations", written to satisfy the requiraments of Technical. Specifica-tion 6.8, requires, in paragraphs 7.1.7 and 7.1.8, that while on duty licensed operators and senior licensed operators be alert and attentive to their instrumentation and controls within their area at all times and all distracting activities in the control room must he prohibited (for example, horseplay and reading that is not directly job r,tlated).

Contrary to the above, on various shifts for an extended and indeterminate period of time prior to March 24, 1987, particularly dering the 11:00 p.m. to 7:00 a.m. shif t, you were, at times, inattentive to instrumentations and controls, and allowed yourself to be distracted by activities that you knew, or should have known, violated procedure A.7, such as reading non-job related materials while on 6uty, reclining in a resting position with i

your eyes closed, and other activities th:.t precluded you from adequately performing licensed duties.

This is a Severity Level III Violation.

(SupplementI)

Civil Penalty - $500, pursuant to the provisions of 10 CFR 2.201, you are hereby required to submit a written statement or explanation to the Director, Office of Enforcement, U.S.

Nuclear Regulatory Comission, 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 i

include for each alleged violation; (1) admission or dental of the alleged.

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 i

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Notice of Violation '

'that have been taken to avoid further violations, and (5) the date when full 2

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 cause why your license should not be modified, suspended, or revoked or why such other action as may be proper should not be taken.

Consiceration 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, you may pay the civil pena'.ty by letter to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, with a check, draf t, or money order 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 Comission.

Should you fail to answer within the time specified, an order imposing the civil penalty will be issued. Should you elect to file an answer in accordance with 10 CFR 2.205 protesting the civil penalty, in whole or in part, such answer thould be clearly marked as an "Answer to a Notice of Violation" and may:

(1) deny the violation 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 senalty should not be imposed.

In addition to protesting the civil penalty, suc1 answer may request remission or mitigation of the penalty.

Section V.B of 10 CFR Part 2, Appendix C (1988)y, the five factors addressed i In requesting h:it,',gation of the proposed penalt, 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, sursuant to 10 CFR 2.201, but may incorporate parts of the 10 CFR 2.201 reply )y specific reference (e.g., citing page and paragraph numbers) to avoid repetition.

Your attention 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. deter-mined in accordance with the applicable provisions of 10 CFR 2.205, this matter may be referred to the Attorney General, and the per.alty, 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 to the Director, Office of Enforcement, nc,ted 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 Enforcement, U.S. Nuclear Regulatory Comission ATTN: Document Control Desk, Washington, DC 20555 with a copy to the Regional Administrator, U.S. Nuclear Regulatory Comission, Region 1, 475 Allendale Road, King of Prussia, Pennsylvania 19406.

FOR THE NUCLEAR REGULATORY COMMISSION

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mes M. Tay

, Deputy Executive Director for Regional Operations Dated this Q day of August 1988 i

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