ML20151V416

Notice of Violation & Proposed Imposition of Civil Penalty in Amount of $500.Violations Noted:Operator Observed to Be Inattentive to Instrumentations & Controls & Distracted by Activities That Violated Procedure A.7

ML20151V416
Person / Time
Site:	Peach Bottom
Issue date:	08/09/1988
From:	Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:
Shared Package
ML20151V410	List: ML20151V407 ML20151V416
References
EA-88-031, EA-88-31, NUDOCS 8808220281
Download: ML20151V416 (3)

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, NOTICE OF V10LATION AND PROPOSED IMPOSITION OF CIVIL PENALTY I

Mr. Noman D. Yost, Jr. Docket No. 55-7560 HOME ADDRESS DELETED hC[,$1 UNDER 10 CFR 2.790 During an enforcement conference conducted with you on February 17, 1988, a violation of your senior reactor operator Itcense was admitted. In accordance ,

with the "General Statement of Policy and Procedure for NRC Enforcement Actions," 1 10 CFR Part 2. Appendix C (1988), the Nuclear Regulatory Comission proposes .

to impose a civil penalty pursuant to Section 234 Of the Atomic Energy Act of '

4 1954, as amended (Act), 42 U.S.C. 2282, and 10 CFR 2.205. The particular violation and associated civil penalty are set forth below:

Senior Reactor Operator License No. SOP-10609 requires, in part, that when manipulating, or directing manipulation of, the controls of the Peach Bottom Atc.mic 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 OPR-56 for the Peach Bottom Atomic Power Station requires the establish-ment and implementation of certain writ *.en procedures and administrative policies. Peach Bottem Administrative .vcedure No. A.7, entitled "Shift Operations", written to satisfy the requirements of Technical Specifica-tion 6.8, requires, in paragraphs 7.1.7 and 7.1.8, that while on duty, licensed operators and senior sicensed operators be alert and attentive to their instrumentation and controls within their area at all tinas, and all distracting activities in the control room must be prohibited (for example, horseplay, and reading that is not directly job related.

Contrary to the above, on various shifts for an extended and indeteminate j period of time prior to March 24, 1987, particularly during the 11:00 p.m. to  !

7:00 a.m. shift, you were, at tines, inattentive to instrunntations and i controls, and allowed yourself to be distracted by activities that you I knew, or should have known, violated procedure A.7 such as reading non-job related materials while on duty, reclining in a resting position with your eyes closed, and other activities that precluded you from adequately

] perfoming licensed duties.

This is a Severity Level IIIViolation. (SupplementI)

Civil Penalty - $500.

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e Notice of Violction 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 o "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, (3) the corrective steps that have been taken and the results achieved, (4) the corrective steps that have been 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 cause why your license should not be modified, suspended, or revoked or why such other action 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 above under 10 CFR 2.201, you may pay the civil penalty by letter to the Director, Office of Enforcement, U.S. Nuclear Regulatory Comission, 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 the cumulative amount of the civil penalties if more than one civil penalty ic proposed, or may protest impo-sition of the civil penalty in whole or in part by a written answer addressed l to the Director, Office of Enft.rcement, 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 accord-ance 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 cf 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, l or (4) show other reasons why the penalty should not be imposed. In addition I to protesting the civil penalty, such answer may request remission or mitiga- I tion of the penalty.

In requesting mitigation of the proposed penalty, the five factors addressed in Section V.B of 10 CFR Part 2, Appendix C (1988), should be addressed. Any l written answer in accordance with 10 CFR 2.205 should be set forth seaarately from the statement or explanation in reply pursuant to 10 CFR 2.201, aut may l incorporate parts of the 10 CFR 2.201 reply by specific reference (e.g., citing 4 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 pro'tisions of 10 CFR 2.205, this matter may be referred to the Attorney General and the penalty, unless compromised, rendtted, or mitigated, may be collected by civil sction pursuant to Section 234c of the Act, 42 U.S.C. 2282c.

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Notice of Violation 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 Enforcement.

U.S. Nuclear Regulatory Comission, ATTN: Document Control Desk, Washington, DC 20555 with a copy to the Regional Administrator U.5. Nuclear Regulatory Comission, Region I, 475 Allendale Road, King of Prussia, Pennsylvania 19406.

FOR THE NUCLEAR REGULATORY COMMISSION k ~M J s M. Taylor Executive Director for Regional Operations Dated this 9 day of August 1988 L l

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