ML20151V845

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

ML20151V845
Person / Time
Site:	Peach Bottom, 05507559
Issue date:	08/09/1988
From:	Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:
Shared Package
ML20151V832	List: ML20151V829 ML20151V845
References
EA-88-124, NUDOCS 8808230029
Download: ML20151V845 (2)

Text

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NOTICE OF VIOLAT10N AND PROPOSED IMPOSITION OF CIVIL PENALTY L. T. White Docket No. 55-7559 HOME ADDRESS DELETED License No. S0P-10509 UNDER 10 CFR 2.790 EA 88-124 During an enforcement conference condJcted with you on May 17, 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), the Nuclear Regulatory Conunission proposes to impcse a civil penalty pursuant to Section 234 of the Atomic Energy Art 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:

Senior Reactor Operator License No. SOP-10509 requires, in part, that when manipulation, or directing manipulation of, 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 Stalien requires the establishment and implementation of certain written procedures and administrative pclicies.

Peach Bottom Administrative Procedure No. A.7, entitled "Shift Operctiens", written to satisfy the requirements of Technical Specifica-tion 6.8, requires, in paragraphs 7.1.7 and 7.1.8, tilat while on duty licersed operators and senior licensed 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 shif ts for an extended and indeterrinate period of time prior to March 24, 1987, particularly during the 11:00 p.m. to 7:00 a.m. shif t, you were, at times, inattentive to instrumentations and controls, and allowed yourself and those who yoe were required to supervise 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 eyes closed, and other activities that precluded adequate performance of licensed duties.

This is a Severity Level II Violation.

(Supplement I)

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 Regulatory Commission, 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 includeforeachallegedviolation;(1)admissionordenialofthealleged violation and (2) the reasons for the violation if admitted. 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 3,

cath or affirmation.

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..s Notice of Violation Within the same time as provided for the response required above under 10 CFR 2.201, you may pay tie civil penalty by letter to the Director, Office of Enforcement, U.S. Nuclear Regulatory Comission, with a check, draf t, 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 impo-sition of the civil penalty in whole or in part by a written answer addressed to tha 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 accord-ance 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 ma :

(1) deny the 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, Appendix C (1988 ), should be addressed. Any 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 civil penalty.

Upon failure to pay any civil penalty due w'ich subsequently has been deter-n mined in accordance with the applicable provision.' of 10 CFR 2.205, this matter may be referred to the Attorney General, and the penalty, unless compromised, remitted, or mitigated, may be collected by civil action pursuant to Section j

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 Hotice of Violation) should be addressed to:

Director, Office of Enforcement, U.S. Nuclear Regulatory Comission, ATTH:

Document Control Desk, Washington, DC 20555 with a copy to the Regional Administrator, U.S. Nuclear Regulatory Comission, Region I, 475 Allendale Road, King of Prussia, Pennsylvania 10406.

FCR THE NUCLEAR REGULATORY COMMISSION

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. Taylor eputy Executive Director for Regional #0perations Datedthisqdayof. August 1988

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