ML20151V428

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

ML20151V428
Person / Time
Site:	Peach Bottom, 05508681
Issue date:	08/09/1988
From:	Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:
Shared Package
ML20151V427	List: ML20151V422 ML20151V428
References
EA-88-008, EA-88-8, NUDOCS 8808220285
Download: ML20151V428 (2)

Text

t NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY Mr. Paul B. Cromwell Docket No.

55-8681 License No. OP-6208-2 HOME ADDRESS DELETED EA 88-08 UNDER 10 CFR 2.790 During an enforcement conference conducted with you on February 16, 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 (1983), 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 violation and associated civil penalty are set forth below:

Reactor Operator License No. OP-6208-2 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 ectablishment and implementation of certain written procedures and administrative policies.

Peach Bottom Administrative Procedure 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 licensed operators be alert and attentive to their instrumentation and controls within their area at all times and all distra.cting 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 indeterminate period of time prior to March 24, 1987, particularly during 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 j

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 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 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 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 8808220285 800809 DR ADOCK 050 7

4 Notice of Violation,

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 sanie time as provided for the response required above under 10 CFR 2.201, you may pay the civil penalty by letter to t e Director, Office of h

Enforcement, U.S. Nuclear Regulatory Comission, 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 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 should 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 penalty should not be imposed.

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

Your attention is directed to the other provisions of 10 CFR 2.205, regarding the procedure for imposing a i

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 i

may be referred to the Attorney General, and 'the penalty, unless compromised, remitted, or mitigated, may b' collected by civil action pursuant to Saction 234c of the Act, 42 U.S.C. 2282c.

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.S. Nuclear Regulatory Comission, Region I, 475 Allendale Road, King of Prussia, Pennsylvania 19406.

FOR THE NUCLEAR REGULATORY COMMISSION

/

es M. Taylor Deputy Executive Director for Regional Operations Dated this C day of August 1988 a

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