ML20151V502
| ML20151V502 | |
| Person / Time | |
|---|---|
| Site: | Peach Bottom, 05502502  |
| Issue date: | 08/09/1988 |
| From: | Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | |
| Shared Package | |
| ML20151V500 | List: |
| References | |
| EA-88-079, EA-88-79, NUDOCS 8808220307 | |
| Download: ML20151V502 (2) | |
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NOTICE OF VIOLATI0h AND PROPOSED IMPOSITION OF CIVIL PENALTY William O. Fieper Docket No. 55'-02502 c s No. 50P-1862 HOME ADDRESS DELETED
_g UNDER 10 CFR 2.790 During an enforcement conference conducted with you on March 29, 1988, violations of your senior reactor operator license wers 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 Comission proposes to impose a civil p(Act), 42 U.S.C. 2282 and 10 CFR 2.205.enalty pursuant to Sectio amended The particular violations and assnciated civil penalty are set forth below:
Senior Reactor Operator License No. SOP-1862 requires, in part, that when manipulating, or directing ranipulation of, the controls of the Peach Bottom Atomic Power Station Reactors, Units 2 and 3, you shall observe the operating prccedures 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 establish-ment and implementation of certain written procedures and administrative policies. Peach Bottom Administrative Procedure No. A.7, ent'itled "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 ser.ier ifcensed operators be alert and attentive to their instrumentation and controls within their area at all times, and all distracting activities in the cont:ol 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. shift, you were, at times, inattentive to instrumentations and controls, and allowed yourself and those who you were required to supervise 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 duty, reclining in a resting position with eyes closed, and other activities that preluded adequate performance of Itcensed duties.
This is a Severity Level II Violation.
(SupplementI)
Civil Penalty - $1,000.
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 o'ays of the date of this Notice. This 08220307 880809 R
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reply should be clearly marked as a "Reply to a Notice of Violaticr" and should include for each alleged violation; (1) admission or denial of the alleged violation and (2) the reasons for the violation if adnitted.
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. Nu: lear 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 the cumulative amount of the civil penalties if more than one civil penalty is proposed, or may protest imposition of the civil pen-alty in whole or in part by a written answer addressed to the Director, Office of Enforcement, U.S. Nuclear Regulatory Consnission. Should you fail to answer within the tire 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 Livil penalty, in whole or in part such answer should be clearly marked as an "Answer to a Notice of Violation and ma :
(1) deny the violation listed in this Notice in whole or in part D demonstrate extenuating circum-stances, (3) show error in this Notice, or (4 show other reasons why the penalty should not he imposed.
In addition to protesting the civil penalty.
such answer may request remission or mitigation of the penalt).
j Inrequestingmitigationoftheproposedpenalty,)thefivefactorsaddressed 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 civil penalty.
Upon failure i.o 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 b+ referred to the Attorney General, and the penalty, unless compromised, remitted, or mitigated, may be collected by civil action pursuant to Section E34c of the Act 42 U.S.C. 2282c.
The responses to the Director, Office of Enforcement, noted above (Reply to s 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, 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 f
a s M. Taylor eputy Executive Director for Regional Operations DatedthisGdayofAugust1988
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