ML20151V525

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Notice of Violation & Proposed Imposition of Civil Penalty in Amount of $500.Violation Noted:Operator Inattentive to Instrumentations & Controls & Reading nonjob-related Matls While on Duty
ML20151V525
Person / Time
Site: Peach Bottom, 05560781  Constellation icon.png
Issue date: 08/09/1988
From: Taylor J
NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:
Shared Package
ML20151V513 List:
References
EA-88-013, EA-88-13, NUDOCS 8808220313
Download: ML20151V525 (2)


Text

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NCT',CE OF VIOLATNN AND PROPOSEtt IMPOSITION OF CIVIL PENALTi Mr. Joel M. Gribble Docket No.

55-60781 HOME ADDRES$ DELETED License No. OP 10417 i/EER 10 30 2.790 EA 88-13 During an enforr.ement conference conducted with you on February 17, 1988, a violation of your reactor operator license was admitted, in accordance with the "General Stf.tement of Policy and Procedure for NRC Enforcement Actions,"

10 CFR Part 2, tppendix C (1988), the Nuclear Regulatory Comission 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-10417 requires, in part, that when manipulating the controls of the Peach Bottm Atomic Power Station Units 2 and 3, you shall observe the operating procedures and other conditions specified in the facility license which authorizes oper.ation of the facility.

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

Peach Bottom Administrative Procedure No. A.7, entitled "Shif t Operations", written to s4tisfy the reouirements of Technical Specifica-tion 6.8, requires, in paragraph 3 7.1.7 and 7.1.8, that while on duty licensed operators and senior licensed operators be alert and attentive to their Cnstrumentation and controls within their area at all times and all distracting activities in the control roon must be prohibited (for example, horseplay und reading that is not directly job related).

Cotra y to the above, on va'rious shif ts for an extended and indeterminate wriod of cime prior to March 24, 1907, particularly during the 11:00 p.m. to

/:00 a.m. shif t, you were, at times, inattentive to instrumentations and controis, and allowed yourself to be distracted by activities that you Kna, ;r should have knen, violated procedure A.7, such as reading non.

Job related materials while on duty, reclining in a resting position with Jour syls 11rced, and other activities that precluded you from adequately penforming licensed duties.

This is a Severity Level III Violation.

(SupplementI) i C1vil Plaalty - $500.

I Pursuant to the prov sims of 10 CFR 2.201, you are hereby required to submit a Neitter, statemo t or 'r,danation to the Director, Office of Enforcement, U.S.

i Mc1rtr RWu'atory Comission, within 30 days of the date of this Notice. This reply shuuld h c'jarly markec as a "Reply to a Notice of Violation" and should inchdu for each alleged 'lolation; (1) admission or denial of the alleged.

violation, (E} the reasons for the violation if admitted, (3) the corrective steps that have been tuon and the results achieved (4) the corrective steps l

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Notice. of Violation '

i that have been taken to avoid further violations, and (5) the datt when full compliance will be achieved.

If an adequate reply is not received within the 4

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 e.xtending 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.

l 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 1

Enforcement, U.S. Nuclear Regulatory Connission, with a check, draf t..ot 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 Regulatorv Com sion.

Should you fail to answer within the time specifiea, an order in-2 civil penalty will be issued. Should you i

elect to file an answer nordance with 10 CFR 2.205 protesting the civil penalty, in whole or in b rr., 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 cart, (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.

Section V.B of 10 CFR Part 2, Appendix C (1988)y, the five factors addressed in In requesting mitigation 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, pursuant to 10 CFR 2.201, but may inccrporate parts of the 10 CFR 2.201 reply by specific reference (e.g., citing page and paragraph numbers) to avoid repetitian. Your attention.is directed to j

the other provisions of 10 CFR 2.205, regarding the procedure for imposing a civil penalty.

Upon fa'vre to pay any civil penalty due which subsequently has been deter-mined ' accordance with the applicable provisions of 10 CFR 2.205, this matter may b>; ;eferred to the Attorney General, and the penalty, unless compromised, remitted, or mitigated, may be collected by civil ac'. ion pursuant to Section 234c of the Act, 42 U.S.C. 2282c.

The responses to the Director, Office of Enforcen. ant, noted above (Reply to a letter with payment of civil penalty, and Answer to a NoticeofViolation}shouldbeaddressedto; Director, Office of Enforcement, Notice of Violation U.S. Nuclear Regulatory Commission ATTN: Document Control Desk, Washington, DC 205b5 with a copy to the Regional Administrator, U.;. Nuclear Regulatory Connission, Region I, 475 Allendale Road, King of Prussia, Pennsylvanir.19406.

FOR THE NUCLEAR REGULATORY COMMISSION

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a s. Taylo Deputy Executive Director j

for Regionai Operations j

Dated this q day of August 1988 i

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