ML20151V650

Notice of Violation & Proposed Imposition of Civil Penalty in Amount of $500.Noncompliance Noted:Inattentiveness to Instrumentations & Controls During Various Shifts

ML20151V650
Person / Time
Site:	Peach Bottom, 05509526
Issue date:	08/09/1988
From:	Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:
Shared Package
ML20151V648	List: ML20151V643 ML20151V650
References
EA-88-021, EA-88-21, NUDOCS 8808220338
Download: ML20151V650 (3)

Text

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NOTICE OF VIOLATION i

AND PROPOSED IMPOSITION OF CIVIL PENALTY Bruce E. Saxman Docket No.

55-9526 HOME ADDRESS DELETED License No. OP-10134-1 UNDER 10 CFR 2.790 EA 88-21 During an enforcement conference conducted with you on February 11, 1988, a violation of your reactor operator license was admitted.

In accordance with i

the "General Statement of Policy and Procedure for NRC Enforcement Actions,"

1 10 CFR Part 2 Appendix 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-10134-1 requires, in part, that when manipulating the controls of the Peach Bottom Atomic Power Station Units 2 and 3, you shall observe the operating procedures 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 establishment and implementation of certain written procedures and administrative policies. Peach Bottom Administrative Procedure No. A 7, entitled "Shift Operations", writter. 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 senior licensed oWrators be alert and attentive to their instrumentation and controls within their 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 extended and indetenninate period of time prior to Varch 24, 1987, particularly during the 11:00 p.m. to 7:00 a.m. shift, you were, at times, inattentive to instrumentations and 4

controls, and allowed yourself 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 your eyes closed, and other activities that precluded you from adequately perfonning licensed duties.

This is a Severity Level III Violation.

(SupplementI) j Civil Penalty - $500.

Pursuant to 'he

• ovisions of 10 CFR 2.201, you are hereby required to submit a written stat 1en or explanation to the Director, Office of Enforcement, U.S.

Nuclear Regulatory Comission, within 30 days of the date of this Notice. This 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 alleged.

violatter,, (2) the reasons for the violation if admitted, (3) the corrective steps that have been taken and the results achieved. (4) the corrective steps 8808220338 880809 PDR ADOCK 05000277 O

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. Not,1ce o'f Viola % ion.

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

If an adequate reply is not received within the 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 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 ray pay the civil penalty by letter to the Director Office of Enforcement, U.S. Nuclear Regulatory Comission, with a check, draft, or money order fiayable 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.

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 es an "Answer to a Notice of Violation and ray:

(1) deny the violation luted in this Notice in whole or in part, (2) demonstrate extenuating circunstances, (3) shew error in this Notice, or (4) shew 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 (1968)y, the five factors addressed In recuesting mitigation of the proposed penalt, should be addressed. Any written answer in accordance witi 10 CFR 2.205 should be set forth separately from the sittement or explanation in reply, pursuc7t to 10 CFR 2.201, but may incorporate parts of the 10 CFR 2.201 reply by >pecific reference (e.g., citing j

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 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 referred to the Attorney General, and the penalty, unless compromised, reritteo, or nitigated, 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 Notice of Violation l letter with payment of civil penalty, and Answer to a 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 Connission, Region I, 475 Allendale Road, King of Prussia, Pennsylvania 19406.

FOR THE NUCLEAR REGULATORY COP 941SSION i

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i 1vW J

s M. Tay1

, Deputy Executive Director for Regiona Operations Dated this C day of August 1988

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