ML20155B462

Discusses OI Investigation Which Completed on 980728. Investigation Reviewed Circumstances Surrounding Apparent Disabling of Fire Computer Trouble Alarm by Unit Shift Supervisor.Concludes Enforcement Discretion Warranted

ML20155B462
Person / Time
Site:	Vogtle
Issue date:	09/25/1998
From:	Mallett B NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
To:	Beasley J SOUTHERN NUCLEAR OPERATING CO.
References
50-424-97-05, 50-424-97-5, 50-425-97-05, 50-425-97-5, EA-98-427, NUDOCS 9810300150
Download: ML20155B462 (6)

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..s September 25, 1998 EA 98-427 i

i Southern Nuclear Operating Company, Inc.

ATTN: Mr. J. B. Beasley, Jr. , Vice President P. O. Box 1295 Birmingham, AL 35201-1295

SUBJECT:

EXERCISE OF ENFORCEMENT DISCRETION (NRC INSPECTION REPORT NOS. 50-424 AND 425/97-05 AND NRC 0FFICE OF INVESTIGATIONS REPORT NO. 2-97-016)

Dear Mr. Beasley:

l This letter refers to an NRC Office of Investigations (01) investigation which

-was completed on July 28, 1998. The investigation reviewed the facts and circumstances surrounding the apparent disabling of a fire computer trouble alarm by a unit shift supervisor (USS) at your Vogtle facility as you reported to the NRC on May 9, 1997. The NRC's findings associated with the investigation were discussed between me and Mr. J. Gasser of your staf f on September 25, 1998, and a copy of the synopsis to 0I Report No. 2-97-016 is included as an Enclosure to this letter.

As described in the synopsis to the OI Report. 01 concluded that the unit i shift supervisor willfully violated the conditions of his operator license )

when he failed to follow procedures for annunciator response. Based on the evidence gathered by 01, the NRC has determined that a violation of NRC requirements' occurred related to the facility licensee. The violation involved the failure of the USS to follow the requirements of Step 3.1 of i Procedure 17103A-C, " Annunciator Response Procedures for the Fire Alarm l Computer," Revision 1. when on May 4, 1997, he placed a piece of paper in the j trouble alarm button to defeat the audible portion of the alarm for approximately 10 minutes. This is a violation of Technical Specification 5.4.1.d which requires that procedures be established, implemented, and maintained covering applicable activities recommended in Appendix A of Regulatory Guide 1.33. Revision 2, which includes the plant fire protection <

program.

The NRC is particularly concerned about willful violations, because its regulatory program is based on licen. sees and their employees conducting activities in a manner that would not intentionally cause a violation of regulatory requirements. Although the NRC reviewed this case because of the j willful actions of the USS, his lack of awareness of procedural requirements, and his continued actions to violate requirements after his actions were initially cuestioned, the NRC commends the actions of the SNC staff members

- with regarc to challenging the USS and bringing this issue to your attention.

In this instance, your staff's timely review and subsequent corrective actions 3

. underscore SNC's understanding of the significance of his issue.

9810300150 990925 PDR ADOCK 05000424 )

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, .SNC 2 In accordance with " General Statement of Policy and Procedures for NRC Enforcement Actions" (Enforcement Policy). NUREG-1600, a willful violation of l this nature would normally be categorized at Severity Level IV. However, as provided in Section VII.B.6 of the Enforcement Policy, the NRC may refrain from issuing a Notice of Violation (Notice) for a Severity Level IV issue which involves saecial circumstances. After review of this violation and consultation wit 1 the Director. Office of Enforcement, the NRC has concluded that while a violation did occur enforcement discretion is warranted and issuance of a Notice is not appropriate in this case. The specific bases for the decision to exercise enforcement discretion included: (1) your staff's identification of the issue: (2) appropriate corrective actions including a prompt investigation and implementation of disciplinary action: (3) the apparent motivation of the individual involved: (4) the duration of the violation; and (5) the fact that the US$ did continue to monitor the fire alarm computer printer and the status of incoming alarms while the annunciator was disabled.

This letter closes NRC's actions with respect to this issue, and no formal response regarding this letter is required.

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 the enclosure will be placed in the Public Document Room.

Sincerely.

ORIGINAL SIGNED BY B. S. MALLETT Bruce S. Mallett. Director l Division of Reactor Safety i Docket Nos. 50-424. 50-425 i License Nos. NPF-68. NPF-81

Enclosure:

OI Synopsis to Report No. 2-97-016 cc/ encl: See Page 3 I

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.cc w/ encl: Attorney General J. D. Woodard Law Department Executive Vice President 132 Judicial Building Southern Nuclear Operating Company. Atlanta. GA 30334 Inc.

P. O. Box 1295 Program Manager Birmingham. AL 35201-1295 Fossil & Nuclear Operations Oglethorpe Power Corporation J. T. Gasser 2100 E. Exchange Place General Manager. Plant Vogtle Tucker GA 30085-1349 Southern Nuclear Operating Company.

Inc. Charles A. Patrizia. Esq.

P. O. Box 1600 Paul. Hastings, Janofsky & Walker Waynesboro. GA 30830 10th Floor 1299 Pennsylvania Avenue J. A. Bailey Washington. D. C. 20004-9500 Manager-Licensing Southern Nuclear Operating Company. Senior Engineer - Power Supply Inc. Municipal Electric Authority P. O. Box 1295 of Georgia Birmingham. AL 35201-1295 //

1470 Riveredge Parkway NW I Atlanta. GA 30328-4684 Director. Consumers' Utility Counsel Division s Governor's Office of Consumer Affairs 2 M. L. King. Jr. Drive Plaza Level East: Suite 356 Atlanta, GA 30334-4600 Office of Planning and Budget Room 615B 270 Washington Street. SW Atlanta, GA 30334 Office of the County Commissioner Burke County Commission Waynesboro. GA 30830 Director. Department of Natural Resources 205 Butler Street SE. Suite 1252 Atlanta. GA 30334 Manager. Radioactive Materials Program Department of Natural Resources 4244 International Parkway Suite 114 Atlanta, GA 30354

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SYNOPSIS The Office of Investigations (OI). U.S. Nuclear Regulatory Commission.

Region II, initiated this investigation on May 23, 1997 after Vogtle Electric Generating Plant reported a unit shift supervisor (USS) disabled a fire computer trouble alarm function for a 10-minute period. The USS reportedly l

' disabled the alarm by placing a piece of paper in the trouble alarm button to maintain it in the silence position.

i Based upon the evidence developed during this investigation. OI determined the USS willfully violated 10 CFR 555.53, by his failure to follow plant Procedure 17103A C Annunciator Response Procedures for Fire Alarm Computer. Revision 1,

! Section 3.0, during the disabling ,of the fire computer trouble alarm function. l l

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i Case No. 2-97-016 21 Enclosure l

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