ML20151V535

Notice of Violation & Proposed Imposition of Civil Penalty in Amount of $1,000.Noncompliance Noted:Control Room Operator Sleeping at Station

ML20151V535
Person / Time
Site:	Peach Bottom, 05503223
Issue date:	08/09/1988
From:	Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:
Shared Package
ML20151V523	List: ML20151V517 ML20151V535
References
EA-88-075, EA-88-75, NUDOCS 8808220315
Download: ML20151V535 (2)

Text

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NOTICE OF VIOLAT!0N AND PROPOSED IMPOSITION OF CIVIL PENALTY Richard A. Blasy Docket No. 55-3223 HOME ADDRESS DELETED Chs-5 UNDO 10 CFR 2.790 During an enforcement conference conducted with you on March 25, 1988, violations of your senior reactor operator license were 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 penalty pursuant to Section 284 of the Atomic Energy Act of 1954, as amended (Act), 42 U.S.C. 2282 and 10 CFR 2.205. The particular violations and 1

asso:iated civil penalty are set forth below:

Senior Resctor Operator License No. SOP-3498 requires, in part, that when rnanipulating, or directing panipulation of, the controls of the Peach Bottor.; Atomic Power Station Reactors, Units 2 and 3, you shall observe the operating procedures and other conditions specified in the facility license whicn 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 i

pclicies. Peach Bettom Administrative Procedure No. A.7, entitled "Shif t

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Operations", written to satisfy the requiretents of Technical Specifica-tion 6.8, requires, in paragraphs 7.1.7 and 7.1.8, that while on duty, licensed operators and senior licenseo operators be alert and attentive to their instrumentation end controls within their area at all times, j

and all distracting activities in the control room must be prohibited j

(for example, horseplay and reading that is not directly job related).

l Contrary to the above, on various shifts for an extended and indeterminate peried 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 knaw, 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 licensed duties.

This is a Severity Level II Violation.

(Sup,71ementI)

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 days of the date of this Notice. This 8808220315 880909 PDR ADOCK 00000277 O

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Notice of Violation 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 allege <f violation and (2) the reasons for the violation if admitted.

Consideration wy be given to extending the response time for good cause shown. Under the authority of section 182 of the Act, 42 U.S.C 223?, 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 Connission, 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 Commission. 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 circum-stances, (3) show error in this Notico, 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 penelty,)the five factors addressed in Section V.B of 10 CFR Part 2, Appendix C (1988 ), shculd be addressed. Any written answer in accordance with 10 CFR 2.205 should be set forth septrately 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 numbars) 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 pdv sny civil penalty due which subsequently has been deter-mine in accordance with the applicable provisions oi 10 CFR 2.205, this matter i

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

The responses to the Director, Office of Enforcement, noted above (Reply to a Notice ( ' Violation, letter with payment of civil penalty, and Answer to a Notice of Violat Sn) should be addressed to: Director, Office of Enforcement, (U.S. Fuclear Regulatory Connission, ATTN: Document Control Desk. Washington, DC 20555, with a copy to the Regional Administrator, U.S. Nuclear Regulatory Connission, Region I, 475 Allendale Road, King of Prussia, Pennsylvania 19406.

FOR THE NUCLEAR REGULATORY COMMISSION Ja s H. Taylor, uty Executive Director for Regional 0 erations Dated this 9 dy of August 1988 L

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