ML20209H620

Notice of Violation & Proposed Imposition of Civil Penalty in Amount of $75,000.Noncompliance Noted:Worker Hands Exposed to Excessive Radiation on 870213.Radiation Safety Inadequate Re Surveys Training & Adherence to Tech Specs

ML20209H620
Person / Time
Site:	FitzPatrick
Issue date:	04/22/1987
From:	Russell W NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
To:
Shared Package
ML20209H584	List: IR 05000333/1987007 ML20209H620
References
EA-87-048, EA-87-48, NUDOCS 8705040059
Download: ML20209H620 (4)

Text

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.' l NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY Power Authority of the State of New York- Docket No. 50-333 James A. FitzPatrick Nuclear Power Plant License No. DPR-59 EA 87-48 During an NRC inspection conducted on February 18-20, 1987, in response to an overexposure identified by the licensee and reported to the NRC, violations of NRC requirements were identified. In accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions," 10 CFR Part 2, Appendix C (1987), the Nuclear Regulatory Commission proposes to impose a civil penalty pursuant to Section 234 of the Atomic Energy Act of 1984, as amended ("Act"),

42 U.S.C. 2282, PL 96-295, and 10 CFR 2.205. The particular violations and.

the associated civil penalty are set forth below:

A. 10 CFR 20.101(a) limits the total occupational radiation exposure to the

! hands of an individual in a restricted area to 18.75 rem per calendar quarter.

Contrary to the above, during the first calendar quarter of 1987, a con-tractor individual working on the refuel floor, a restricted area, re-ceived a total occupational radiation exposure to the right hand of approximately 30.27 rem, of which 29.6 rem was received on February 13, 1987 while the individual was performing an activity associated with the

! cutting of Source Range Monitor (SRM) and Intermediate Range Monitor (IRM) instrument dry tubes.

I I

B. 10 CFR 20.201(b) requires that each licensee make such surveys as may be necessary to comply with all sections of Part 20. As defined in 10 CFR 20.201(a), " survey" means an evaluation of the radiation hazards incident to the production, use, release, disposal, or presence of radioactive materials or other sources of radiation under a specific set of condi-tions.

, Contrary to the above, on February 13, 1987, adequate surveys were not 4 performed to assure compliance with 10 CFR 20.101(a), which limits the J. radiation exposure to the extremities in any calendar quarter. 'Specifi-

! cally,

1. workers removed a cutting tool from the refueling pool and placed it on the refuel floor without a survey or evaluation first being per-formed to determine the radiological hazards associated with removal of the cutting tool. Further, although a survey of the tool was performed after it was removed from the pool, the survey was inade-quate in that it only detected an exposure rate of 2.1 R/hr, when in fact the actual exposure rate, as determined during a subsequent 1

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c Appendix A 2 survey, was 16,300 R/hr. As a result, when a worker picked up a piece of highly irradiated dry tube that fell from the tool, he received an extremity exposure in excess of the regulatory limit; and

2. the worker who received the exposure set forth in Violation A sub-sequently began to repair the dry tube cutting tool without the Radiation Protection technician having first performed a survey of the tool. (Surveys conducted on the previous shift indicated that

" chips" with exposure rates as high as 415 R/hr had been found in the tool).

C. 10 CFR 19.12 requires, in part, that all individuals working in a re-stricted area be instructed in the precautions and procedures to minimize exposure to radiation and radioactive materials, and in the applicable provisions of the Commission's regulations and licenses.

Contrary to the above, on February 13, 1987,

1. a contractor worker removing an instrument dry tube cutting tool from the refueling pool, a restricted area, had not been instructed in the proper procedures to follow if a segment of highly radioactive dry tube remained in, or fell from, the tool; and

2. two Radiation Protection technicians providing job coverage for dry tube cutting operations in the restricted area, had not been provided a pre-job briefing of the work they were covering, nor were they provided instructions, as described in procedure RAP 7.1.23 " Removal and Installation of IRM/SRM Instrument Dry Tubes," concerning the radiological precautions to be taken in covering such activities.

D. Technical Specification Section 6.8(A) requires that written procedures be established, implemented and maintained covering the requirements and recommendations referenced in Appendix A of Regulatory Guide 1.33 (1972).

Appendix A of Regulatory Guide 1.33 recommends that the Bypass of Safety Functions and Jumper Control be covered by written procedures.

Procedure WACP 10.1.3, entitled " Jumper Control", Step 4.12, defines a jumper as the removal of an electrical wire from a circuit, and requires in part, that jumpering be properly identified, authorized, recorded, and periodically reviewed.

Contrary to the above, as of February 13, 1987, and for an undetermined period of time prior to this date, a jumper which defeated the Area Radiation Monitor (JB-ARM-7) alarm horn was removed without the jumper -

being authorized or recorded as required.

E. Technical Specification Section 6.11 requires, in part, that procedures for personnel radiation protection shall be prepared and adhered to for all plant operations.

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Appendix A 3

1. Procedure RPOP-4, entitled " Radiation Work Permit," Section 4.9.3.d, requires, in part, that the leadman ensure that all personnel working on the RWP comply with all dosimetry and protective clothing require-ments. RWP 87-2099-S, dated February 13, 1987, requires that high range (0-500 mrem) direct reading dosimeters be worn during dry tube cutting activities.

Contrary to the above, at about 8:00 a.m. on February 13,1987, the leadman for RWP 87-2099-S did not ensure that all personnel complied with the dosimetry requirements set forth in the RWP. Specifically, three of the six workers that signed in on RWP 87-2099-S performed dry tube cutting activities without wearing a high range direct reading dosimeter.

2. Procedure RPOP-7, entitled " Radiological Incident Investigations",

Section 4.2, requires, in part, that whenever a radiological incident occurs, Radiological and Environment Services (RES) Department personnel shall stop associated work and notify RES Supervision.

Contrary to the above, at about 9:00 a.m. on February 13, 1987, a radiological incident occurred on the refuel pool involving a contractor worker receiving a radiation overexposure to his right hand, and RES Department personnel allowed work to continue for approximately one and one-half hours before notifying RES Super-vision.

Collectively, these violations have been classified as a Severity Level III problem. (Supplement IV)

Cumulative Civil Penalty - S75,000 - assessed equally among the violations.

Pursuant to the provisions of 10 CFR 2.201, Power Authority of the State of New York is hereby required to submit a written statement or explanation to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, ATTN:

Document Control Desk, Washington, D.C. 20555, with a copy to the Regional Administrator, U.S. Nuclear Regulatory Commission, Region I, 631 Park Avenue, King of Prussia, Pennsylvania 19406, within 30 days of the date of this Notice.

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 of the alleged violation, (2) the reasons for the violation, if admitted, (3) correc-tive steps that have been taken and the results achieved, (4) the corrective steps that will be taken to avoid future violations, and (5) the date when full compliance will be achieved. If an adequate reply is not received within the time specified in this Notice, an order to show cause why the license should not be modified, suspended, or revoked or why such other action as may be proper should not be taken may be issued. 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.

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Appendix A 4 4

Within the same time as provided for the response required above under 10 CFR 2.201, Power Authority of the State of New York may pay the civil penalty by letter addressed to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, D.C., 20555 with a check, 4 draft, or money order payable to the Treasurer of the United States in the cumulative amount of Seventy Five Thousand Dollars ($75,000) 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, ATTN: Document Control Desk, Washington, D.C., 20555. Should Power Authority of the State of New York fail to answer within the time specified, an order imposing the civil penalty in the amount proposed above will be issued.

Should Power Authority of the State of New York elect to file an answer in accordance with 10 CFR 2.205 protesting the civil penalty, such answer should be clearly marked as an " Answer to a Notice Violation" and may: (1) deny the violations listed in this Notice in whole or in part, (2) demonstrate extenua-ting 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 answer may request remission or mitigation of the penalty.

In requesting mitigation of the proposed penalty, the five factors contained in Section V.B of 10 CFR Part 2, Appendix C (1986) 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 by specific reference (e.g. citing page and paragraph numbers) to avoid repetition. The attention of the Power Authority of the State of New York is directed to the other provisions of 10 CFR 2.205 regarding the pro-cedure for imposing a civil penalty.

Upon failure to pay any civil penalty due, which has been subsequently deter-mined in accordance with the applicable provisions of 10 CFR 2.205, this matter may be referred to the Attorney 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. 2282.

FOR THE NUCLEAR REGULATORY COMMISSION Original Signed By:

William T. Russell Regional Administrator Dated at King of Prussia, Pennsylvania this sut day of April 1987 1

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