ML20210T501

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Forwards Insp Rept 99990002/97-07 on 970814.Apparent Violations Being Considered for Escalated Enforcement Action
ML20210T501
Person / Time
Issue date: 09/04/1997
From: Dan Collins
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
To: David Holley
VIRGINIA POWER (VIRGINIA ELECTRIC & POWER CO.)
Shared Package
ML20210T505 List:
References
REF-QA-99990002-970904 99990002-97-07, 99990002-97-7, EA-97-419, NUDOCS 9709150162
Download: ML20210T501 (4)


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September 4, 1997

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EA 97 419 Virginia Power C$mpany ATTN: Mr Doug Holley Plant Manager Chesterfield Power Station 600 Coverdale Road Chester, VA 23836

SUBJECT:

NRC INSPECTION REPORT 999-90002/97-07

Dear Mr. Holley:

This refers to the special, announced inspection conducted by this office on August 14,1997. At the conclusion of the inspection, the findings were discussed with you and other members of your staff. The enclosed NRC inspection Report documents the results of that inspection.

The inspection was conducted to determine the facts and circumstances surrounding the unauthorized removal of a generally licensed fixed gauge at your facility. The inspection was an examination of activities conducted under the generallicense specified in 10 CFR 31,5 with respect to radiation safety and compliance with NRC regulations. It included selective examinations of procedures and representative records, inter,iews with personnel, and direct observations by the inspector.

Based on the results of this inspection, two app? rent violations of NRC requirements were identified. The apparent violations are being considered for escalated enforcement action in accordance with the " General Statement of Policy and Procedures for NRC Enforcement Actions"(Enforcement Policy), NUREG-1600. The first apparent violation involves the removal of the generally licensed fixed gauge by a technically unqualified individual who was not specifically licensed by the NRC or an Agreement State to perform such activity. This apparent violation is of concem because of the potential for elevated radiation levels in areas to which you did not restrict access for the purpose of radiation protection, Individuals working near the removed gauge would not have been awem of its presence and consequently would have taken no action to monitor or reduce their radiation exposure. Further, the device was unsecured and could have been lost or inadvertently d9 posed of. The second apparent violation involves the failure to maintain required rauiation warning labels affixed to fixed gauges in a legible condition, /

which may have contributed to the individual's improper removal of the device. /

The circumstances surrounding the apparent violations, the significance of the issues, and the need for lasting and effective corrective actions were discussed with members of your staff at the [

inspection exit meeting on August 14,1997. As a result, it may not be necessary to conduct a predecisional enforcement conference in order to enable the NRC to make an enforcement decision. However, a Notice of Violation is not presently being issued for these inspection 9709150162 970904 REG 2 GA999 EUTVEPC 99990002 PDR

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Virginia Power Company 2 findings. Before the NRC makes its enforcement decision, we are providing you an opportunity to either (1) respond to the apparent violations addressed in this inspection report within 30 days of the date of this letter or (2) request a predecisional enforcement conference. Please contact Mr. Charles Hosey at (404) 562-4701 within seven days of the date of this letter to notify the NRC of your intended response.

If you choose to provide a written response, it should be clearly marked as a " Response to Apparent Violations in inspection Report No. 999-90002/97-07" and should include for each apparent violation: (1) the reason for the apparent violation, or, if contested, the basis for disputing the apparent violation, (2) the corrective steps that have been taken and the results achieved, (3) the co.rective steps that will be taken to avoid further violations, and (4) the date when full compliance will be achieved.

In discussing your corrective actions, you should be aware that the promptness and comprehensiveness of your actions will be considered in assessing any civil penalty for the apparent violations. The guidance in the enclosed NRC Information Notice 96 28

" SUGGESTED GUIDANCE RELATING TO DEVELOPMENT AND IMPLEMENTATION OF CORRECTIVE ACTION," may be helpful. Your response should be submitted under oath or affirmation and may reference or include previously docketed correspondence, if the correspondence adequately addresses the required response. If an adequate response is not received within the time specified or an extension of time has not been requested and granted by the NRC, the NRC will either proceed with its enforcement decision or schedule a predecisional enforcement conference.

In addition, please be advised that the number and characterization of apparent violations described in the enclosed inspection report may change as a result of further NRC review. You will be advised by separate correspondence of the results of our deliberations on this matter.

In accordance with 10 CFR 2.790 of the NRC'S " Rules of Practice," a copy of this letter and its enclosures will be placed in the NRC Public Document Room.

Should you have any questions regarding this inspection, please contact Mr. Charles Hosey at (404) 562-4701 or Mr. John Pelchat at (404) 562-4729.

Sincerely, Dougl M. Collins, Acting Director Division of Nuclear Materials Safety Docket No. 999-90002 General License (10 CFR 31.5)

Enclosures:

1. NRC Inspection Report No. 999-90002/97-07
2. NRC Information Notice 96-28 cc w/encis:

Commonwealth of Virginia Distribution w/encis: (See page 3)

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- Distrit'ution w/encis:

PUBLIC Ril Docket Files, DNMS L. Reyes, Ril J. Lieberrnan, OE OE: EA File (B. Guminers, OE) (2 letterhead)

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Enclosures:

1.- NRC Inspection Report '

- No. 999 90002/97 007

2. NRC Infor ation Notice 96-28 I

cc w/encis:-

- Commonwealth of Virginia Qist!ibuilon w/encis:

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