ML20206L398

Responds to Requesting Addl Info to Either Respond to Apparent Violation,Or Prepare for Predecisional Enforcement Conference Re Apparent Violation of NRC Requirements Identified by OI in Rept 1-98-033

ML20206L398
Person / Time
Site:	Nine Mile Point
Issue date:	04/30/1999
From:	Lanning W NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
To:	Mueller J NIAGARA MOHAWK POWER CORP.
Shared Package
ML20206L403	List: ML20206L398 ML20206L407
References
EA-99-010, EA-99-10, NUDOCS 9905140008
Download: ML20206L398 (5)

Text

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April 30, 1999 EA 99-010 ,

Mr. Joh'n H. Mueller

. Chief Nuclear Officer Niagara Mohawk Power Corporation Nine Mile Point Nuclear Station -

Operations Building,2nd Floor Post Office Box 63 Lycoming, New York 13093 -

SUBJECT:

ADDITIONAL INFORMATION REGARDING INVESTIGATION REPORT i NO 1-98-033

Dear Mr. Mueller:

I am responding to your April 20,1999 letter, in which you requested additional information to either tespond to the apparent violation, or prepare for a predecisional enforcement conference

.related to the apparent violation of NRC requirements identified by the NRC's Office of Investigations (01) and documented in 01 Report 1-98-033.

The Ol report is not available because the NRC staff has not made a final enforcement decision in this matter. Investigation reports and related investigatory materials are considered

- predecisional until the NRC staff makes a final enforcement decision, and they are not normally made available to licensees and the public until after the NRC staff has taken formal  !

. enforcement action, if action is warranted. However, I am enclosing a su_mmary of the facts that led the NRC staff to conclude that a deliberate violation of requirements may have occurred. As indicated in the summary, the issue involves an apparent violation of sections 6.2.2.a and -

6.2.2.e of your Technical Specifications. This factual summary should be sufficient for you to either respond to the apparent violation or prepare for a predecisional enforcement conference.

Please contact Mr. Richard Conte at (610) 337-5183 within 7 days of the date of this letter.

Sincerely, ORIGINAL SIGNED BY:

Wayne D. Lanning, Director Division of Reactor Safety Docket No', 50-220

Enclosure:

As stated 9905140008 990430 PDR ADOCK 05000220

" i G PDR 1 L

o .

J. Mueller cc w/ encl:

G. Wilson, Senior Attorney M. Wetterhahn, Winston and Strawn J. Rettberg, New York State Electric and Gas Corporation -

P. Eddy, Electric Division, Department of Public Service, State of New York C. Donaldson, Esquire, Assistant Attorney General, New York Department of Law

'J. Vinquist, MATS, Inc.

D F. Valentino, President, New York State Energy Research and Development Authority J. Spath, Program Director, New York State Energy Research I and Development Authority l

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J. Mueller Distribution w/ encl-H. Miller, RA/J. Wiggins, DRA (1)

D. Screnci, PAO Region i Docket Room (with concurrences)

Nuclear Safety Information Center (NSIC)

PUBLIC NRC Resident inspector W. Lanning, DRS J.' Lieberman, OE (2)_

S. Barber, DRP i W. Cook, DRP R. Junod, DRP R. Conte, DRS j B. Letts, Ol DRS File l M. Tschiltz, RI EDO Coordinator i G. Hunegs - Nine Mile Point l S. Bajwa, NRR D. Hood, NRR M. Campion, Rl W. Kane, NRR B. Sheron, NRR T. Walker, ORA, RI D. Holody, ORA, R1 D. Dambly, OGC Inspection Program Branch (IPAS)

DOCDESK V. Curley, DRS -

DOCUMENT NAME: G:\HPEPB\ CONTE \NMP1-SRO.WPD Ta receive a copy of this docunynt. Indicate in the box: "C" = Cpn without attachment / enclosure "E" = Copy with attachment /endami_ ire "N" = No copy OFFICE Rl/ ORA /p) Rl/DRS , / Rl/ ORA '/ 3 , ,, Rl/OI c p Rl/Ip f h NAME TWalker F RConteffF DHolody V/,P BLetts f WLEining DATE 04/29/99 - 04/PfJ9 04/0/99 04/.W99 04/5/99 OFFICIAL R5 CORD COPY

N,3 .-

J. Mueller Distribution w/ encl:

L H. Miller, RA/J. Wiggins, DRA (1)

D. Screnci, PAO-Region l Docket Room (with concurrences)

Nuclear Safety Information Center (NSIC) '

PUBLIC

NRC Resident Ins'p ector W. Lanning, DRS -

J. Lieberm9n, OE (2)-

S. Barber, DRP -

W. Cook, DRP R. Junod, DRP R. Conte, DRS B. Letts, Oi DRS File ,

~ ~

M. Tschiltz, RI EDO Coordinator G. Hunegs - Nine Mile Point S. Bajwa, NRR D. Hood, NRR M. Csmpion, RI W. Kane, NRR B. Sheron, NRR T. Walker, ORA, R1 D. Holody, ORA, RI ,

D. Dambly, OGC

'!nspection Program Branch (IPAS)

DOCDESK V. Curley, DRS DOCUMENT NAME: G:\HPEPB\ CONTE \NMP1-SRO.WPD  ;

To receive a copy of this docurrjpnt, Indicate in the box: *C" = CM/ without attachment /ene.losure "E" = Copy with attachment / enclosure *N' = No copy OFFICE Rl/ ORA /pd l Rl/DRS , / Rl/ ORA '/ , , ,, l Rl/OI cMJ l Rl/lpitfL -l l NMAE TWalker F RConte,fM ~

D9olody 1//P BLetts f WLaTning I i

55. 04/29/99 04 J99 04/0/99 04/JW99 04/$/99 OFFICIAL RECORD COPY

E .. -,

ENCLOSURE

~. OFFICE OF INVESTIGATIONS REPORT NO. 1-1998-033 This investigation was conducted by the Office of Investigations (OI), Region I, to determine whether a Senior Reactor Operator (SRO) at Nine Mile Point 1 (NMP1), willfully violated NRC and licensee requirements by assuming an SRO position in the NMP1 control room after failing an evaluated simulator scenario and before completing remediation. Based on the investigation, it appears that the SRO may have deliberately violated the requirements of W SRO license and also caused Niagara Mohawk to violate its Technical Specification requirements for shift sts5.ng.

Licensee requalification progrtm procedures require that remediation of simulator evaluation failures by operators be completed before resumption of licensed duties, in addition,10 CFR 55.53(h) makes it a condition of each SRO license that the SRO shall complete the reactor licensee's requalification prograra as described by 10 CFR 55.59. On June 15,1998, the SRO failed a simulator evaluation during requalification training. Nonetheless, the SRO stood watch in the NMP1 control room on June 16,1998, when he had not yet completed remediation of the simulator evaluation failure. The SRO stood watch in the control room for approximately four hours and was the only SRO in the control room for approximately 45 minutes, while the regularly scheduled SRO attended a site review audit board meeting. This caused Niagara Mohawk to violate its Technical Specifications 6.2.2.a and 6.2.2.e, which require a minimum of two SROs on shift and one SRO in the control room at all times during power operations.

The SRO was aware of the requalification policy prior to standing watch on June 16,1998, and knew that he could not stand watch after failing a requalification training evaluation until having completed remediation. The SRO gave two explanations for his conduct. He indicated that he did not think that policy was applicable to his situation because he failed the evaluation as part l of a crew, as opposed to failing as an individual. The SRO also indicated that he had forgotten about the policy. In addition, the SRO knew before June 15 that he was expected to schedule a replacement for the regularly scheduled SRO who would be absent on June 16.

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