ML20151V680

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

ML20151V680
Person / Time
Site:	Peach Bottom, 05508682
Issue date:	08/09/1988
From:	Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:
Shared Package
ML20151V659	List: ML20151V657 ML20151V680
References
EA-88-005, EA-88-5, NUDOCS 8808220344
Download: ML20151V680 (2)

Text

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' i NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF civil PENALTY Hr. James W. Ballantyne Docket No. 55-P682

HOME ADDRESS DELETED License No. OP.6049-2 UNDER 10 CFR 2.790 EA 88-05 4

During an enforcerent conference ronducted with you on February 16, 1988, a violation of your reactor operator license was admitted. in accordance with

,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,asamended(Act),42U.S.C.2282,and10CFR2.205. The particular violation and associated civil penalty are set forth below: ,

Reactor Operator License No. OP-6049-2 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 s of the facility.

< Technical Specification 6.8 of Facility Operating License Nos. OPR-44 and 3 DPR-50 for the Peach Bottom Atomic Power Station recuires the establishment and implementation of certain written procedures anc administrative i policies. Peach Bottom Administrative Procedure No. A.7, entitled "Shift

Operations", written to satisfy the requirements of Technicel Specifica-

- tion 6.8, requires, in paragraphs 7.1.7 and 7.1.8, that while on duty licensed operators and senior licensed operators 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 thtt is not directly job related).

l Contrary tu the above, on various shif ts for an extended and indeterminate 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 to be distracted by activities that you knew, or should have known, violated procedure A.7, such as reading nod 1

job related materials while on duty, ric11ning in a resting position with 1 your eyes ciosed, and other activities that precluded you from adequately j performing licensed duties. ,

This is a Severity Level 111 Violation. (Supplement 1)

Civil Penalty - $500.

J i Pursuant to the provisions of 10 CFR 2.201, you are hereby required to submit a 1 written statement or explanation to the Director, Office of Enforcement, U.S.

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

) reply should be clearly marked as a "Reply te a Notice of Yiolation" and should

- include for each alleged violation; (1) admission or dental of the alleged.  ;

l violation, (2) the reasons for the violation if admitted, (3) the corrective 4 steps that have been taken and the results achieved, (4) the corrective steps i k ,

i 8808220344 000B09 PDR ADOCK 05000277 j Q PNV

l Notice of Violation that have been taken to avoid further violations, and (5) the date when ft." l compliance will be achieved. If an adequate reply is not received within time specified in this Notice, an order may be issued to show cause why '

license should not be modified, suspended, or revoked or why such other as .;., be proper sho !1d not be taken. Consideration may be given to_ extt:< , l the response thae 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 l affirmation. l l

i 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 cf Enforcement, ti.S. Nuclear Regulatory Commission, with a check, draf t, or money order payable to the Treasurer cf the United States in the amcuat of the civil penalty proposed above, or may protest imposition of the civii penalty in whole or in part by a wr 2 ten answer addressed to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission. Should you fail to answer within the time l specified, an order imposing the civil penalty will be issued. Shoult you i elect to file an answer in accordance with 10 CFR 2.205 protesting the civil i 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 hotice in .iole or in part, (2) demonstrate extenuating circumstances, (3) show error in this Notice, or (4) show other reasons why the penalty should I not be imposed. In addition to protesting the civil penalty, such answer may l request remission or mitigation of the penalty. I l

In requesting mitigation of the proposed penalt Section V.B of 10 CFR Part 2, Appendix C (1988)y, , shouldthe five factorsAoy be addressed. addressed in 1 1

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 incorporate parts of the 10 CFR 2.201 reply by specific reference (e.g., citing 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 l 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, l remitted, or mitigated, may be collected by civil action pursuant to Section i 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 Answa- to a Notice of Violation) should be addressed to: Director, Office of Enforcement, U.S. Nuclear Regulatory Coavnission ATTN: Document Control Desk, Washington, DC 20555 with a copy to the Regiona! Administrator, U.S. Nuclear Regulatory Conmission, Region I, 475 Allendale Rcad, King of Prussia, Pennsylvania 19406. l FOR THE NUCLEAR REGULATORY COMMISSION

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J#iies E. aylo Deputy Executive Director for Regiona Operations Dated this day of August 1988

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