ML20197G305

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Ack Receipt of Informing NRC of Steps Taken to Correct Violations Noted in Insp Rept 50-155/97-11
ML20197G305
Person / Time
Site: Big Rock Point File:Consumers Energy icon.png
Issue date: 12/22/1997
From: Grobe J
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To: Powers K
CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.)
References
50-155-97-11, EA-97-237, NUDOCS 9712300424
Download: ML20197G305 (2)


See also: IR 05000155/1997011

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December _22 1997

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EA 97 237

Mr. K. P. Powers

Plant General Manager

Big Rock Point Nuclear Plant

Consumers Energy Company

10269 US 31 North

- Charlevoix, MI 49720-

SUBJECT:

NOTICE OF VIOLATION (NRC INSPECTION REPORT d-155/97011(DRS))

. Dear Mr. Powera:

This will acknowledge receipt of your letter dated December 9,1997, in response to our

letter dated November 19,1997, transmitting a Notice of Violation associated with the

falsifications of various survey records at Big Rock Point. We have reviewed your corrective

actions and hase no further questions at this time. These corrective actions will be examined

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during future inspections.

Sincerely,

Original Signed by John M. Jacobson (for)

John A. Grobe, Director

Division of Reactor Safety

Docket No. 50-155

lJcense No. DPR-6

Enclosure:

Lir dtd 12/9/97 K. P. Powers .

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Consumers Energy to US NRC

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R. A. Fenech, Senior Vice President,

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20555-0001

DOCKET 50 155

LICENSE D'PR 6

BIG ROCK POINT PLANT

-REPLY TO A NOTICE OF

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VIOLATION

NRC' INSPECTION REPORT 97014.

Follwing an NRC investigation of the falsification of various radiation.

survey records at Big Rock Point.-two violations of NRC requirements were

identifled and forwarded by letter dated November 19, 1997.

The first violation concerns radiation surveys required by station procedures

that were not completed as indicated in station-records on three separate

occasions. The second violation addresses the fact that plant records of these

surveys contained false information and were not accurate in all material

respects, which is not in accordance with 10 CFR 50.9. Consumers Energy

concurs with thellRC in that the actual safety significance of the incident

was low because the areas to be surveyed were not high radiation areas or

airborne radioactivity. areas, and subsecuent surveys did not indicate any

significant changes in radiological concitions.

Consumers Energy Company agrees with the violations as stated.

' Pursuant to the direction provided in-the report, find attached a Reply to the-

Notice of Violation. The corrective actions taken and proposed are intended to

address the concerns expressed by the NRC Inspectors, and to prevent

-recurrence of similar incidents.

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Kenneth P Powers

Site Director and Decommissioning General Manager-

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CC: Adminit,trator, Region III. USNRC'

NRC Resident Inspector - Big Rock Point

NRRProjectManager-OWFN,USNRC

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CONSUMERS ENERGY COMPANf

Big Rock Point Plant

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Docket 50-155 License DPR-06

Response to NOTICE OF VIOLATION - dated November 19, 1997.

At the request of the Commission and pursuant to the Atomic Energy Act of 1954

and the Energy Reorganization Act of 1974, as amended, and the Commission's

Rules and Regulations thereunder, Consumers Energy Company submits our

response to NRC letter dated November 19. 1997, entitled, " Notice of Violation

(NRC Inspection Report No. 50-155/97014",

Consumers Energy Comp ny's response

is dated December 9, 1997.

CONSUMERS ENERGY COMPANY

- To the best of my knowledge, information and belief, the contents of this

submittal are truthful and complete.

By

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Kenneth P Powers

Site Director and Decommissioning General Manager

Sworn and subscribed to before me this 1 th day of 1997

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Charl voix Co/ielms. Notary Public

unty, Michigan

My commission expires August 29, 1999.

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ATTACHMENT

CONSUMERS ENERGY COMPANY

BIG ROCK POINT PLANT

DOCKET 50 155

REPLY TO A NOTICE OF VIOLATION

INSPECTION REPORT 97014

Submitted December 9, 1997

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REPLY TO A NOTICE OF-VIOLATION - NRC INSPECTION REPORT 97014

During an NRC investigation conducted fran Decenber 16. 1996. tbrough Apri1

10. 1997, wIth continuing NRC review through Novmber 7.1997. two vfolations

of NRC requirements were identified. In accordance with the " General Statement

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of Policy and Procedure for NRC Enforcement Actions. " NUREG-1600. the

violations are listed below:

Violation 97014-01

Technical Specification 6.11 (Radfation Protection Programs} requires

that procedures for personnel radiation protection shall be prepared

consistent with the requirements of 10 CFR Part 20 and shall be

approved. maintained, and adhered to for all operations involving

personnel rad!Mion exposure.

Station procedure RP-29. " Radiological Surveys" contains requirements

to monitor radiological conditions (routine and nonroutine) and provide

a routine check of sone of the equipment used to monitor-these

conditions.

Contrary to the above, certain radiation surveys required by station

procedure RP-29 were not cmpleted. Specifica11y. on July 21.1996, a

-required daily air sanple on the 585' level of the Reactor Containment

Building was not coapleted; on July 20 and 21.1996, a required daily

radiation survey for the exterior cable penetration room was not

conducted: the monthly survey required for the Radwaste Building was not

coupleted in Septenber 1996: and a required air sample was not coupleted

in the Radwaste Building on Septenber 15, 1996.

ThIs is a Severity Level IV Vlolation (Supplement IV).

Violalion 97014-02

10 CFR 20.1501 requires. in part, that each licensee shall make or cause to be

made surveys that may be necessary for the licensee to comply with the

regulations in this part.

Pursuant to 10 CFR 20.2003, survey means an evaluation of the radiological

conditions and potential hazards incident to the production, use. transfer,

release, disposal, or presence of radioactive material or other sources of

radiation.

10 CFR 20.1201(a)(1)(1) requires, with exceptions not applicable here that

the licensee control the occupational dose to individual adults to an annual

dose limit of 5 rems total effective dose equivalent.

10 CFR 20.2103 requires, in part, that each licensee maintain records showing

the results of surveys required by 10 CFR 20.1501 for 3 years after the record

is made.

10 CFR 50.9 requires. in part. that information required by the Ca7mi'ssion's

regulations to be maintcined by the licensee shall be cmplete and accurate in

all material respects.

Contrary to the above certain radiation survey records required to be

maintained by the Comission's regulations were not accurate in all material

respects. Specifically. these records indicated results for surveys which had

never been per formed. These surveys consisted of the following: a July 21.

1996. daily air sanple on the 585 * 1evel of the Reactor Containment BuiIdiog:

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REPLY 10 A NOTICE OF VIOLATION - NRC INSPECTION REPORT 97014

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- July 20 and 21.1996. daily radiation surveys of the exterior cable

'penetralion room; a Septeber 15. 1996. air sample of the Radwaste buiIding;

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and a Septemner.1996. nonth1y survey of the Radwaste Bui1 ding.

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Consumers Energy Contany agrees with the violations as stated.

-1. Reason for the violations.

Big Rock Point management could not determine any extenuating circumstances or

valid answers for tnis individual's falsification of less than 1% of his

assigned work in the preceding year, other than his inappropriate conduct and

standards.

Discussion

The Big Rock Point management staff initiated a special review of Radiation

Protection work activities in response to an em)loyee concern in October.

1996. The special three week review confirmed tiat persor.nel were conducting

. activities in compliance with plant piocedures, policies, and regulatory

' requirements with one issue being identified. Management pursued this issue

relevant to survey time inconsistencies with one individual. This

investigation concluded that the individual had not >erformed some surveys,

and that he willfully falsified records indicating t1at these surveys ha.. been

performed.

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II. The corrective steos that have been taken and the results achieved.

lhe areas were resurveyed. The individual's access to the site was terminated

and the com)any accepted the employee's resignation soon after. Radiation

Protection )epartment meetings were conducted to discuss the specifics of the

event, the status of the individual involved, and to re-enforce requirements

and management expectations for conduct of work at the site. Furthermore, the

Radiation Protection Department has added a Radiation Protection Self

Assessment position staffed by a highly cualified individual from outside

Consumers Energy Compar.y. This person adcs a level of continual-focused

management self assessment by reviewing day-to-day activities within the

organization. The Nuclear Performance Assessment Department, an independent

quality assessment review group, has also hired a highly qualified individual

from ouside the company with'over 17 years of health physics and related

experience to strengthen their oversight capabilities in this important area.

These actions have been appropriately received by the plant staff and routine

management checks over the last year collaborate that there are no other known

survey inconsistencies to-date.

III The corrective steos that will be taken to avoid recurrence,

As issued by the NRC and nuclear industry experience groups, notices that

provide information involving willful misconduct are routinely communicated to

the radiation protection staff to re-enforce management's zero tolerance for

willful acts contrary to regulatory requirements. This ongoing action coupled

with the corrective actions already taken are expected to prevent the

recurrence of this issue.

IV. The date when the facility Will be in ru11 como11ance.

The facility is currently in full compliance.

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