ML20206B380

EN-99-015:informs Commission That Staff Intends to Exercise Discretion Pursuant to Section VII.B.6 of Enforcement Policy & Not Propose Civil Penalty for Severity Level III Problem That Occurred in Nov 1996,prior to Licensee Decision

ML20206B380
Person / Time
Site:	Haddam Neck File:Connecticut Yankee Atomic Power Co icon.png
Issue date:	03/29/1999
From:	Beaston V, Lieberman J NRC OFFICE OF ENFORCEMENT (OE)
To:
References
EA-96-496, EA-98-532, EN-99-015, EN-99-15, SECY-97-066-C, SECY-97-66-C, NUDOCS 9904290229
Download: ML20206B380 (2)

Text

b a- MIrch 29,1999 EN 99415 OFFICE OF ENFORCEMENT NOTIFICATION OF SIGNIFICANT ENFORCEMENT ACTION Li.ggn_seg; . Connecticut Yankee Atomic Power Company (EAs96-496 & 98-532)

. Haddam Neck Plant Docket No. 50-213 L Subiect EXERCISE OF ENFORCEMENT DISCRETION l

l-This is to inform the Commission that the staff intends to exercise discretion pursuant to Section Vll.B.6 of the Enforcement Policy and not propose a civil penalty for a Severity Level ill problem that occurred in November 1996, prior to the licensee's decision to permanently cease power operations. Specifically, two individuals received an unplanned intemal exposure when they entered the fuel transfer canal and started collecting highly contaminated debris for removal. . By handling the highly contaminated debris, the two individuals caused contamination in the fuel transfer canal area to become airbome, and they inhaled the airt>ome contamination. The cause of the unplanned intemal contamination was attributed to poor control of radiological work activities. The Commission was informed of this event in SECY-97-066, wherein the staff informed the Commission that it was postponing enforcement action for this matter based on a request by the Department of Justice.

In addition to the above matter, the staff also intends to exercise discretion pursuant to l Section Vll.B.6 of the Enforcement Policy and not propose a Notice of Violation for l' violations relate to: (1) Inadequate surveys following a 1979 event; (2) an inadequate procedure for release of materials for unrestricted use (i e., soil, concrete blocks, and debris) from the Radiation Controlled Areas; (3) failure to adequately evaluate liquid processing systems that had the potential to become contaminated, including a 1989 event involving processing of liquid radioactive waste in the Spent Fuel Building; (4) insufficient record keeping pursuant to 10 CFR 50.75; and .(5) inadequate 10 CFR 50.59 evaluations for changes involving the Rad Waste Processing and 1991 fuel clad degradation. These violations were identified by the staff during the staff's historical review of the activities conducted by.the licensee over the last 30 years. The staff has concluded that none of these historical violations would be classified at a severity level higher than Severity Level IV.

Exercising discretion by not proposing a civil penalty for the November 1996 contamination L event is appropriate because (1) the violations associated with the event occurred prior to

} the licensee's decision to permanently shutdown the Haddam Neck plant and (2) the licensee was issued a $650,000 civil penalty on May 12,1997, to address the performance problems that existed prior to the licensee's decision to permanently shutdown the facility.

The staff believes that it is appropriate to cite the violations related to the contamination event because the violations are related to the control of radiological work activities, activities that are a part of the licensee's current decommissioning work. Exercising discretion by not citing the historical violations is appropriate because (1) the violations were based on activities that occurred prior to the licensee's decision to permanently shutdown and (2) they were not willful. In both of the P a EN-99-015 PDRaE  ?

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. O I -[ 8 0 O ej 5 PRELIMINARY INFORMATION - NOT FOR PUBLIC DISCLOSURE UNTIL VERIFICATION THAT LICENSEE HAS RECElVED ACTION

Mirch 29,1999 EN 99-015 above instances, enforcement action is not necessary to achieve remedial action because the licensee has already initiated adequate corrective actions.

It should de noted that the licensee has not been specifically informed of the staff's enforcement decision. The schedule ofissuance of the enforcement action to the licensee and notification is:

Mailing of the Enforcement Action April 5,1999 Telephone Notification of Licensee April 5,1999 The State of Connecticut will be notified.

No response is required from the licensee for this Exercise of Enforcement Discretion Contacts: V. Beaston, OE, (301) 415-2989 J. Lieberman, OE, (301) 415-2741 Distribution OWFN OWFN TWFN Regional Offices Chairman Jackson EDO OC RI RIV Comm. Dicus DEDE ACRS Rll Comm. Diaz OE OP CTR Rlli Comm. McGaffigan OGC NMSS Comm. Merrifield NRR 1RM MAIL OCA 01 OlG NUDOCS PA SP RES PUBLIC IP SECY l

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1 PRELIMINARY INFORMATION - NOT FOR PUBLIC DISCLOSURE UNTIL VERIFICATION THAT LICENSEE HAS RECEIVED ACTION