ML20198P556

Notice of Violation & Proposed Imposition of Civil Penalty in Amount of $110,000.Violations Noted:Three FFD Trained Supervisors Failed to Require for-cause Test for Employee W/Smell of Alcohol in Protected Area

ML20198P556
Person / Time
Site:	Zion  File:ZionSolutions icon.png
Issue date:	01/15/1998
From:	NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To:
Shared Package
ML20198P516	List: ML20198P512 ML20198P556
References
50-295-97-17, 50-304-97-17, EA-97-249, NUDOCS 9801220152
Download: ML20198P556 (4)

Text

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NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF civil PENALTY Commonwealth Edison Company Docket Numbers 50-295; 50 304 Zicn Generating Station, Units 1 and 2 License Numbers DPR 39; DPR-48 EA 97-249 During an NRC inspecibn conducted between June 19 and September 22,1997, four violations of NRC requirements were identified in accordance with the NUREG-1600," General Statement of Policy and Procedure for NRC Enforcement Actions," the NRC 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 vlotations and associated civil penalty are set forth below:

A. 10 CFR 26.24(a)(3),

• Chemical and alcohol testing," requires, in part, testing for-cause as soon as possible following any observed behavior lodicating possiblo substance abuse.

Zion Administrative Procedure 1130-00 (Revision 3 dated April 17,1995),

" Commonwealth Edison Fitness for Duty Program," at paragraph G.3 requires, in part, that for-cause urinalysis and breath alcohol testing may be required for Commonwealth Edison or contractor employees, followinc Sny observed behavior indicating possib!e substance abuse, including detection of 1. odor of alcohol per CNSG 207, " Testing For Cause."

Corporate Nuclear Guideline No. 200 (Revision 6 dated June 1996),' Comed Fitness-For Duty Program," at Paragraph 5.7.6 requires, in part, testing for cause after the odor of alcohol has been detected on an individual and confirmed by a management employee tralned in Fitness-For Duty Supervisor responsibilities.

Corporate Nuclear Security Guideline No. 207 (Revision 9 dated November 1996),

" Testing for Cause'," at Paragraph 5.1.6 requires, in part, a for-cause test be conducted when the odor of alcohol hw been detected on an individual and a supervisor has confirmed the odor of alco .v .

Contrary to the above, on February 1,1997, between 9:30 p.m. and 10:00 p.m., three FFD-trained supervisors failed to require a for-cause test for an employee with the smell of alcoholin the protected area. (01013)

B. 10 CFR 26.20(e),

• Written policy and procedures," requires, in part, that each licensee subject to this part shall est9blish and implement written policies and procedures designed to meet the gene al performance objectives and specific requirements of this part. Written policies must address Fitness-For-Duty through a procedure that will ensure that the person called in to perform an unscheduled working tour is fit to perform the task assigned. This procedure must (1) require a statement to be made by a called-in person as to whether he or she has consumed alcohol within the length of time stated in the pre-duty abstinence policy, and (2)If alcohol has been consumed within this period, require a determination of fitness for duty by breath analysis or other means.

9001220152 900115 PDR ADOCK 05000295 0 PDR

9 Notice of Violation and Proposed Imposition of Civil Penalty

1. Corporate Nuclear Guideline No. 200, a procedure that implements 10 CFR 26.20(e), at paragraph 5.8 specifies, in part, that supervisors and others performing call-outs will ask if the employne has consumed alcohol within the five (5) hour abstinence period.

Contrary to the above, on February 1,1997, at approximately 9:00 p.m., the supervi.or performing the call-outs failed to ask an employee if she had consumed alcohol within the five-hour abstinence period prior to directing her to report to the plant. (01023)

2. Corporate Nuclear Guideline No. 200, at paragraph 5.6.1 states, in part, when contacted at home, each individualis responsible for alerting the caller if he or she is uncomfortable about responding to a work related matter due to consumption of alcohol.

Corporate Nucisar Security Guideline No. 206 (Revision 6 dated February 1996),

• Call-Outs for Unscheduled Work," a procedure that implements 10 CFR 26.20(e), at paragraph 5.1.5 specifies if you are called to work unscheduled overtime, inform the person calling if you have consumed alcohol within the five (5) hours period prior to reporting to work.

Contrary to the above, on February 1,1997, at approximately 9:00 p.m., an employee directed to come into the plant on unscheduled overtime did not infvrm the caller that she had consumed alcohol within the five hour abstinence period.

(01033)

3. Corporate Nuclear Guideline No. 200, at paragraph 5.6.1 requires, in part, that individuals report to their supervisor instances of violation of the Fitness For-Duty policy and/or procedures which might adversely impact safe I operation and maintenance of the station.

Contrary to the above, the following instances constitute failures by an individual to notify his suparvisor of violations of the Fitness-For Duty policy which might adversely impact safe operation and maintenance of the station. (01043)

• An employee stated that in the September / December 1996 time frame, he detected the odor of alcohol on a co-worker but did not notify his supervisor.

• On March 11,1997, an employee failed to notify his supervisor that he detected the odor of alcohol on a co-worker.

• On June 12,1097, an employee detected the odor of alcohol on a contract employee but failed to notify his supervisor.

These violations represent a Severity Level lli problem (Supplement Vil)- $110,000

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Notice of Violation and Proposed Imposition of Civil Penalty ,

4 Pursuant to the provisions of 10 CFR 2.201, Commonwealth Edison (Licensee) is 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 of Violation and Proposed imposition of Civil Penalty (Notlee). This reply should be clearly marked as a " Reply to a Notice of Violation" and should include for each alleged violation: (1) admission or denial c' the alleged violation, (2) the reasons for the violation if admitted, and if denied, the reasons why, (3) the corrective steps that have been taken and the results achieved, (4) the corrective ,

steps that will be taken to avoid further violations, and (5) the date when full compliance will be )

achieved. 'f an adequate reply is not received within the time specified in this Notice, an order l or a Demand for Information may be issued as why the license should not be modified, suspended, or revoked or why such other action as may be proper should not be taken.

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 oath >

or affirmation.

Within the same time as provided for the response required above under 10 CFR 2.201, the Licentae may pay the civil penalty by letter addressed to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, with a check, draft, money order, or electronic transfer 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 imposition of the civil penalty in whole or in part, by a written answer addressed to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission. Should the Licensee fall

- to answer within the time 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 answers should be clearly marked as an "Answe, to a Notice of Violaton," and may: (1) deny the violations 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 in whole or in part, such answers may request remission or mitigation of the penalty, in requesting mitigation of the proposed penalty, the factors addressed in Section VI.B.2 of the Enforcement Policy 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. The attention of the Licensee is directed to the other provisiont- of 10 CFR 2.205, regarding the procedure for imposing . civil penalty.

Upon failure to pay any civil penalty due which subsequently has been determined in accordance with the applicable provisions of 10 CFR 2.205, this matter may be referred to the Attomey General, and the penalty, unless compromised, remitted, or mitigated, may be collected by civil action pursuant to Section 234c of the Act,42 U.S.C. 2282c.

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No' ice of Violation and Proposed 4-Irtposition of Civil Penalty i

The response noted above (Reply to Notice of Violation, letter with payment of civil penalty, and i Answer to a Notice of Violation) should be addressed to: OE, Director, Office of Enforcement, l U.S. Nuclear Regulatory Commission, One White Flint North,11555 Rockville Pike, Rockville, MD 20852-2738, with a copy to the Regional Administrator, U.S. Nuclear Regulatory Commission, Region lil, and a copy to the NRC Resident inspector. Because your response will be placed in the NRC Public Document Room (PDR), to the extent possible, it should not include any personal privacy, proprietary, or sa'anuards information so that it can be placed in the PDR without redaction. If perr el privacy or proprietary information is necessary to provide an acceptable responso please provide a bracketed copy of your response that identifies the information that 6 ed be protected and a redacted copy of your response that deletes such information. If you i 'uest withholding of such material, you mus1 specifically identify the portions of your respor, i that you seek to have withheld and provide in detail the bases for your claim of withholding (e.g., explain why the dkclosure of information will create an unwarranted invasion of personal privacy or provide the information required by 10 CFR 2.790(b) to support a request for withholding confidential commercial or financial informatien). If safeguards information is necessary to provide an acceptable response, please provide the level of protection described in 10 CFR 73.21.

Dated at Lisle,il this 15th day of January 1998

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