ML20195F949

Notice of Violation & Proposed Imposition of Civil Penalty in Amount of $80,000.Violation Noted:Qc Inspector Discharged from Work at Plant by QC Supervisor for Identifying & Pursuing Resolution of Failure to Follow Quality Procedure

ML20195F949
Person / Time
Site:	Davis Besse
Issue date:	11/21/1988
From:	Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:
Shared Package
ML20195F948	List: ML20195F944 ML20195F949 ML20195F959
References
EA-88-234, NUDOCS 8811220453
Download: ML20195F949 (2)

Text

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NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY Toledo Edison Company Docket No. 50-346 Davis-Besse Nuclear Power Station License No. NPF-3 EA 88-234 During NRC inspections con'fucted on May 4 through September 2,1988, a violation of NRC requirements was identified. In accordance with the "General Statement of Policy and Procedure for NRC Enforcement Actions," 10 CFR Part 2, Appendix C '

(1988), the Nuclear Regulatory Commission 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 peralty are set forth below:

10 CFR 50.7, "Employee Protection," prohibits discrimination by a Comission licensee against an employee for engaging in certain protecteG activities.

Discrimination includes discharge and other actions related to compensation terms, conditions, and privileges of employment. Protected activities include identifying and ensuring the correction of safety violations.

i Contrary to the above, on October 31, 1986, a Quality Control Inspector was discharged from work at the Davis-Besse Nuclear Power Station by the Quality Control Supervisor for identifying and pursuing resolution of the failure of ,

the Quality Control Supervisor to follow a quality related procedure.

This is a Severity Level I' violation (Supplement VII). .

Civil Penalty - $80,000.

Fursuant to the provisions of 10 CFR 2.201, Toledo Edison Company is hereby required to submit a written statement or explanation to the Director, Oifice of Enforcement, U.S. Nuclear Regulatory Comission, within 30 days of the date ,

of this Notice.

of Violation" and This should reply should include forbeeach clearly marked alleged as a "Reply)to violation: a Notice (1 admission or  !

denial of the alleged violation; (2) the reasons for the violation if adnitted; I (3)thecorrectiveactionsthathavebeentakenandtheresultsachieved; i (4)thecorrectiveactionsthatwillbetakentoavoidfurwarviolatinns;and  !

(5) the date when full compliance will be achieved. If an dequate reply is  !

1 not received within the time specified in this Notice, an Order may be issued

• to show cause why the license should not be modified, suspended, or revoked or  !

why such other actions as r.ay be proper should not be taken. Consideratien  :

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. 2282, this response shall be j submitted under oath or affirnation.

Within the sane time as provided for the resporse required under 10 CFR 2.201,  !

the Licensee may pay the civil penalty by letter to the Director, Office i i

i of Enforcement, U.S. Nuclear Regulatory Ccmission, with a check, draft, or money order payable to the Treasurer of the United States in the arcunt ,

l of the civil penalty proposed above, or ray protest iy osition cf the civil ,

peralty in whole or in part by a writter, answer addressed to the Director, j l .

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Notice of Violation Office of Enforcement, U.S. Nuclear Regulatory Commission. Should the i Licensee fail to answer within the tirne specified, an Order imposing the civil penalty will be issued. Should the Licensee 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 riarked as an "Answer to a Notice of Violation" and may: (1) deny the violation listed in this Notice in whole or in part; (2) deinonstrcte 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, in whole or in part, such answer may request remission or mitigation of the penalty.

In requesting mitigation of the proposed penalt Section V.B of 10 CFR Part 2 Appendix C (19EG)y, , should betheaddressed.

factors addressed Any in '

written answer in accordance with 10 CFR 2.205 should be set forth separately i frcm 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. The attentien of the licensee is directed to tho 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 determined in accordance with the applicable provision of 10 CFR 2.205, this matter ray be referred to the Attorney General, and the penalty, unless compromised, remitted, or mitigated, ray be collected by civil action pursuant to Section 234c of the Act, 42 U.S.C. 2282c. -

i 4 The responses to the Director, Office of Enforcement, noted above (Reply i to a Notice of Violation letter with p1yrent of civil penalty, and Answer

} to a Notice of Violation} should be addressed to: Director, Office of J

Enforcerrent, U.S. Nuclear Regulatory Comission, ATTN: Document Control i

Desk, Weshington, D.C. 20555, with a copy to the Regional Administrator, j Region III, U.S. Nuclear Regulatory Comission, 799 Roosevelt Road, Gle..

Ellyn, Illinois 60137 and a copy to the NRC Inspector at the Davis-Besse

Nuclear Power Station.

FOR THE NUCLEAR REGULATORY COMMISSION t

M[3 M. Taylor g pu y Executive Director j hrorRegionalOperations Dated at Rockville, Maryland this # day of November 1988 ,

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