ML20206R694

Responds to 990413 & 0430 Ltrs Re Apparent Violation Noted in Investigation Rept 1-98-033.Util Agrees with Violation, But Disagrees with Characterization That Violation Was Willful or Deliberate

ML20206R694
Person / Time
Site:	Nine Mile Point
Issue date:	05/10/1999
From:	Mueller J NIAGARA MOHAWK POWER CORP.
To:	NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
References
NMP1L-1434, NUDOCS 9905200181
Download: ML20206R694 (4)

Text

e ..'o NiagarahMohawk' John H. Mueller Phone: 315.349.7907 S nior Vice President and Fax: 315.349.1321 Chief Nuclear Officer e mait muenerj@nimo.com May 10,1999 NMPIL 1434 U. S. Nuclear Regulatory Commission Attn: Document Control Desk Washington, DC 20555 Nine Mile Point Unit 1 Docket No. 50-220 DPR-63

Subject:

Response to an Appar1ent Violation in Investigation Report No.1-98-033 Gentleman:

The purpose of this letter is to respond to the apparent violation described in Mr. Wayne D.

Ianning's letters of April 13, and April 30,1999. Niagara Mohawk Power Corporation (NMPC) agrees that the apparent violation occurred on June 16,1998, but disagrees with the characterization that the violation was willful or deliberate. NMPC is concerned that the individual's apparent violation is being characterized as deliberate when in NMPC's analysis, it does not rise to this level.

NMPC believes that having an unqualified individual assuming a control room position is a very serious matter, and took prompt corrective actions to emphasize the significance and prevent recurrence of this event. If NMPC's investigation had revealed that the individual's action was willful, deliberate, or performed with careless disregard, a significantly different course of action would have been taken with the individual.

NMPC reported the noncompliance with Technical Specifications Sections 6.2.2.a and 6.2.2.e for control room staffing in Nine Mile Point Unit 1 Licensee Event Report 98-14, " Control Room Staffing in Violation of Technical Specification due to an Unqualified Senior Reactor Operator." The reason for the apparent violation as documented in the licensee event report was " management's failure to emphasize the importance and expectation to maintain and verify personal qualification status and did not instill the appropriate level of sensitivity to the issue.

As a result, licensed personnel did not attach a high level of priority or sufficient ownership to the requirement of maintaining license qualifications." The corrective steps that have been taken and results achieved, the corrective steps that have been taken to avoid further violations, and the date when full compliance was achieved are also documented in the licensee event report. s 9905200181 990510 iO PDR ADOCK 05000220 G PDR ifs v O-li i

Nine Mde Point Nuclear Station P0. Box 63, Lycoming. New York 13093 0063

Page 2 The NRC letter to NMPC, dated April 13,1999, states that "The investigation found that the SRO [ senior reactor operator] deliberately violated license conditions..." and " involves a willful violation of your TS [ Technical Specifications] requirements for shift staffing." NMPC

' disagrees that the individual deliberately or willfully failed to comply with the Technical Specifications for shift staffing. In drawing this conclusion, NMPC reviewed the details discussed in the licensee event report, reviewed information provided by the NRC to NMPC and the individual, and held additional discussions with the individual. Rawi on these reviews, NMPC verified its licensee event report conclusion is still valid.

NMPC reviewed NUREG-1600, " General Statement of Policy and Procedure for NRC Enforcement Actions", Revision 1 and NUREG/BR-0195, "NRC Enforcement Manual," which provided the NRC definition for the term willful. In essence, willful is defined as an act of non-compliance that ranges from deliberate intent to careless disregani. After carefully comparing the facts surroundmg this non-conformance with the NRC definition, NMPC concluded that the facts fail to support the willful or deliberate characterizations applied to this situation.

The subject act, in our view, was not deliberate as demonstrated by the fact that, while the individual was aware of the requirement at an earlier time, he failed to take into account at the time and associate his circumstances with the requirement prior to assuming the shift. In addition, his supervisor, an instructor, and other members of his crew, were aware of the crews' failure and his plans to assume the shift. They also failed to make the association. He made no effort to hide his actions, and fully cooperated with the subsequent investigation.

The subject act, in our view, was not committed with an intent to not comply with the requirements in that the individual had nothing to gain by assuming the shift.

The subject act, in our view, was not an act of careless disregard for the requirements as demonstrated by a substantial history of commitment to compliance with regulations and requirements by the individual.

The enclosure in the 1 AC letter to NMPC, dated April 30,1999, stated that the senior reactor  !

operator gave two explanations for his conduct: 1) the requirement was not applicable because  !

the training failure was a crew failure, and 2) the requirement was forgotten. NMPC's investigation revealed that the individual did not consider the first explanation in his original decision to assume the shift. The first explanation was suggested by others after the fact.

Based on this information, NMPC concluded that the individual did not act willfully, deliberately, or with careless disregard. The individual made an inadvertent error due to his failure to consider whether or not he was qualified after the crew failed the simulator exam.

Therefore, NMPC disagrees with the characterization that the apparent violation was willful.

i Page 3 An NMPC senior manager will be attending the individual's pre-decisional enforcement conference at his request.

Sincerely, l

John H. Mueller i Senior Vice President and Chief Nuclear Officer JHM/CES/mlh Attachment xc: Mr. H. J. Miller, NRC Regional Administrator Mr. S. S. Bajwa, Section Chief PD-I, Section 1, NRR Mr. G. K. Hunegs, NRC Senior Resident Inspector Mr. D. S. Hood, Senior Project Manager, NRR Records Management 1

4 UNITED STATES NUCLEAR REGULATORY COMMISSION In the Matter of )

)

Niagara Mohawk Power Corporation ) Docket No. 50 220

)

Nine Mile Point Unit 1 )

John H. Mueller, being duly sworn, states that he is Senior Vice President and Chief Nuclear Officer of Niagara Mohawk Power Corporation; that he is authorized on the part of said Corporation to sign and file with the Nuclear Regulatory Commission the document attached hereto; and that the document is true and correct to the best of his knowledge, information and belief.

l idhnII. Muelfer Senior Vice President and Chief Nuclear Officer Subscribed and sworn before me, in and for the State of New York and the County of h ,

this 1R_ day of May,1999 #

My Commission expires: #/Af/oo l dwJ

/ NOTARY P6BLIC ./ '

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