ML20151V618
| ML20151V618 | |
| Person / Time | |
|---|---|
| Site: | Peach Bottom, 05509525  |
| Issue date: | 08/09/1988 |
| From: | Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Falcone D PECO ENERGY CO., (FORMERLY PHILADELPHIA ELECTRIC |
| Shared Package | |
| ML20151V623 | List: |
| References | |
| EA-88-012, EA-88-12, NUDOCS 8808220333 | |
| Download: ML20151V618 (4) | |
Text
pnam jo, UNITED STATES j
),
NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 i
r, 09 m M eket No.
55-9525 License No. OP-10032-2 EA 88-12 OMM Mr. Donald G. Falcone 1
M M
ER R
Dear Sir:
SUBJECT:
NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY In March 1987, the NRC received inforn tion that control room operators at Philadelphia Electric Company's Peach Bottom Atomic Power Station had been observed sleeping while on duty in the control room, reading materials not directly job related, and being otherwise inattentive to the obligations of their license. The NRC promptly confirmed this information during the initial phase of an investigation of this matter. As a result, the NRC no longer had reasonable assurance that the facility would be operated in d manner to msure that the health and safety of the public would be protected, and therefore, issued an Order to Philadelphia Electric Company (PEco) on March 31, 1987, suspending operations of the Peach Bottom reactors, effective innediately.
Subsequently, the NRC found that the inattentiveness described in the Order had occurred over an extended period of time and was pevasive. Other examples nf inattentive behavior not known at the time of the Order were also identifiri such as:
control room personnel being rautinely reclined in a resting position with their heads back and eyes closed fr e an indeterminate period of time; play-ing hand held computer games or on one s f the computer display screens in the control room; and engaging in horseplay. Operators were aware of these cor.ditions and failed to initiate action to correct them. As a result of these findings, the NRC conducted an enforcement conference with you on February 18, 1988 for the p(urpose of discussing your understanding of (1) these inattentiveness issues,
- 2) their safety significance, (3) their causes, and (4) corrective actions taken by both you and tM utility to prevent recurrence.
During th6t conference, you specifically admitteo to your personal involvement in at least some of this inattentive behavior.
Your actions t.onstituted a violation of your individual reactor operator license. The violation it described in the enclosed Notice and is classified at Severity Level 111 in accordance with the "General i
Statement of Policy and Procedure for NRC Enforcement Actions," 10 CFR 2 Appendix C (Enforcement Policy) (1988).
The NRC recognizes that you have participated in a comprehensive rehabilitation program within PECo for the purpose of better understanding your individual responsibilities under your NRC license and to assure such conduct does not 4
recur. Nonetheless, the activities described in the Notice were engaged in by you for an extended period prior to the shutdown and were indic.ative of a complacent and unprofessional attitude by you toward the privileges and responsibilities of your licenst contrary to safety, and constituted serious dereliction of duties in carrying out those respcasibilities. You are reminded that you hold a license from the United States governmeht which confers upon you the special trust and confidence of the American people in the safe Oc[KO!O 77 J73%
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D. G. Falcone operation of nuclear f acilities and places you in a position where your performance is expected to be above reproach.
Consequently, I have determined that additional action should be taken to emphasize your individual accounta-bility to the NRC as a license holder, and your responsibility to remain alert and attentive at all times to ensure protection of public health and safety.
During the NRC deliberations concerning appropriate enforcement action, the NRC considered the entire spectrum of possible enforcement actions, including a Letter of Reprimand, Notice of Violation, a Civil Penalty, and Orders to Modify, Suspend or Revoke your license.
In light of your completion of the rehabili-tation pm; ram and the fact that pervasive and extended management failures contribuwJ significantly to the unacceptable conditions at Peach Bottom, we have ditermined that an Order against your license is inappropriate. However, af ter :onsultation with the Corsnission, I have decided to issue to you the enciesed Notice of Violation and Proposed imposition of Civil Penalty in the amocnt of $500 to emphasize that you, as a license holder, are individually accountable to the NRC.
The violation is classified at Severity Level Ill.
Although the enforcement policy does not provide a schedule for civil penalties against individual operators, the penalty is based on the schedule provided for other small material individual licensees (see Table IA, 10 CFR Part 2, Appendix C).
You should be aware that any recurrence of inattentive behavior could result in revocation of your license.
You are required to respond to the enclosed Notice and should follow the instruction specified therein when preparing your response.
In accordance with Section 2.790 of the NRC's "Rules of Practice," Part 2, Title 10, Code of Federal Regulations, a copy of this letter and its enclosures will be placed in the NRC Public Document Room.
The responses directed by this letter and the enclosed Notice are not subject to the clearance procedures of the Of fice of Management and Budget as required by the Paperwork Reduction Act of 198), Pu'). L. No.96-511.
Sir cerely, wM J es H. Tay1 Executive Director for Regional Operations Enclosure.
Notice of Violation and Proposed Impositica of Civil Penalty ec w/ encl: See next page W
3-D. G. Falcone cc w/ encl:
Corbin McNeill, Executive Vice President, Nuclear PublicDocumentRoom(PDR)
Local Public Document Room (LPDR)
NRC Resident Inspector CJamonwealth of Pennsylvania I
Killian & Gephart ATTN: Jane Perry Malatesta, Esq.
218 Pine Street Post Office Box 886 Harrisburg, Pennsylvania 17108 i
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. DISTRIBUTION:
bec w/ encl:
RegionIDocketRoom(w/ concurrences)
SECY Congressional Affairs J. Taylor DEDO W. Russell, RI D. Holody, RI J. Lieberman, OE Enforcement Directors, Rll-RIII Enforcement Officers, RIV-V F. Ingram, PA E. Jordan, AE00
- 8. Hayes, 01 S. Connelly, OIA F. Miraglia, NRR D. Nussbaumer, 0GPA OE/ES File OE/EA File EDO Rdg File DCS L. Chandler, OGC 1
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