ML20151V590

Notice of Violation & Proposed Imposition of Civil Penalty in Amount of $800.Violations Noted:Operator Observed to Be Inattentive to Instrumentations & Controls & Distracted by Activities That Violated Procedure A.7

ML20151V590
Person / Time
Site:	Peach Bottom, 05504747
Issue date:	08/09/1988
From:	Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:
Shared Package
ML20151V575	List: ML20151V572 ML20151V590
References
EA-88-007, EA-88-7, NUDOCS 8808220325
Download: ML20151V590 (2)

Text

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NOTICE OF Vf0LATION AND PROPOSED IMPOSITION OF CIVIL PENALTY Edward S. Cromwell Docket No. 55-4747 License No. 50P-3937-3 HOME ADDRES3 DELETED EA 88-07 UNDER 10 CFR 2.790 During an enforcement conference conducted with you on February 10, 1988 a violation of your senior 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 (1988)r the Nuclear Regulatory Comission proposes to impose a civil penalty pursuant to Section 234 of the Atomic Energy Art of 1954, M 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. S0P-3937-3 requires, in part, that when manipulation, or directing manipulation of, the controls of the Peach Ecttom Atomic Power Station, Units 2 and 3, you shall observe the operating procedures and other conditic's specified in the facility license which authorizes operation of tse facility.

Technical Specification 6.8 of Facility Operating License Nos. OPR-44 and DPR-56 for the Peach Bottom Atomic Power Station requires the establishment and implerer.tation of comin written procedures and administrative policies. Peach Bottom 6dministrative Procedure No. A.7, entitled "Shift j

uirements of Technical Specifica-Operations", written to satisfy the reg / and 7.1.8, that while on duty tion 6.8, requires, in paragraphs 7.1.

licensed operators and senior licensea operators be alert and attentive to their instrumentation and controls within this area at all times, 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 extend 3d and indetenninate 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 ind those who you were required to supervise to be distracted by activities that you knqw, or should have known. violated procedure A.7 such as reading non-job relsted materials while on duty, reclining in a resting position with eyes closed, and other activities that precluded adequate performance of licensed duties.

This is a Severity Level II Violation.

(SupplementI)

Civil Penalty - $800.

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 Regulatorv Comission, within 30 days of the date of this Notice. This reply should be siearly 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 that have been taken to avoid further violations, and (5 the date when full compliance will be achieved.

If an adequate reply is rot received within the time spectfied ia this Notice, an order may be issued to show cause why your

$0 H Ooh $!0 7

.', Noti'ce of Violation.

license should not be modified, suspended, or retaked 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, 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. Shou'd 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 "Aaswer to a Notice of Violation" and may:

(1)denythe 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, Apperdix C (1988)), should be addressed. Any writtu, answer in accordance with 10 CFR 2.205 should be set forth separately from the staternent 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 avcid 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 provisions of 10 CFR 2.205, this matter may be raferred to the Attorney General, and the penalty, unless compromised, remitteo, cr mitigated, may be collected by civil action pursuant to Section 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 Consnission, Region I, 475 Allendale Rcad, King of Frussia, Fennsylvania 19406.

FCR THE NUCLEAR REGULATORY COMMISSION M

a AI Y ' Taylor,

>puty Executive Director for Regional perations Dated this } day of August 1988

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