ML20212Q091

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Forwards 870331 Order Suspending Power Operation & Order to Show Cause (Effective Immediately) for Transmittal to Fr for Publication
ML20212Q091
Person / Time
Site: Peach Bottom  Constellation icon.png
Issue date: 03/31/1987
From: Wagner M
NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:
NRC OFFICE OF THE SECRETARY (SECY)
Shared Package
ML20209C152 List:
References
FOIA-87-185 EA-87-046, EA-87-46, NUDOCS 8704090034
Download: ML20212Q091 (1)
v • d • e


Text

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March 31, 1987 Docket Nos. 50-277; 50-278 License Nos. DPR-44; DPR-56 EA 87-46 hB MANEUI KE: Correspondence and Records Branch Office of the Secretary of the Camission HG1: Mary E. Wagner, Attorney Enforcement Office of the General Counsel SLBJECr: WER SUSPHOING IGER OPERATim AND W[ER TO SIDV CAUSE (mECTIVE IM.EDIAIELY)

A signed original of an Order Suspending Power Operation and Order to Show Cause (Effective inmediately) issued to Philadelphia Electric Carpany on March 31, 1987 is enclosed for yc,ur transnittal to the Office of the Federal Register for publication. Additional conformed copies (5) of the Order are enclosed for your use.

/s/

Mary E. Wagner, Attorney Enforcement Office of the General Counsel cc: A. B. Beach, IE DISTRIBUTION:

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i UNITED STATES NUCLEAR REGULATORY COMMISSION In the Matter of ) Docket Nos. 50-277;50-278

) License Nos. DPR-44; DPR-56 PHILADELPHIA ELECTRIC COMPANY ) EA 87-46 Peach Bottom Atomic Power Station, )

Units 2 and 3 )

ORDER SUSPENDING POWER OPERATION AND ORDER TO SHOW CAUSE (EFFECTIVE IMMEDIATELY)

I Philadelphia Electric Company (Licensee) is the holder of Facility Operating License Nos. DPR-44 and DPR-56, authorizing the Licensee to operate the Peach Bottom Atomic Power Station, Units 2 and 3 (facility), in Delta, Pennsylvania.

The licenses were issued by the Nuclear Regulatory Comission (NRC or Comission) on October 25, 1973 and July 2, 1974, respectively.

II On March 24, 1987, the NRC, Region I, received information that control room operators at Peach Bottom had been observed sleeping while on duty in the control room and were otherwise inattentive to their ifcense obligations. The .

information also indicated that this conduct on the part of operators was pervasive and has been occurring for some time, and that shift supervision 1

had knowledge of this situation. On March 24, 1987, in response to this

infonnation NRC initiated
(1) 24 hour2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> inspection coverage of the Peach

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Bottom control room and (2) a special safety investigation of licensed l

l

2. I activities. The NRC investigat4n, which is still ongoing, to date has established:
1. At times during various shif ts, in particular the 11:00 p.m. to 7:00 a.m. shift, one or more of the Peach Bottom operations control room staff (including licensed operators, senior licensed operators and shift supervision) have for at least the past five months periodically slept or have been otherwise inattentive to licensed duties.
2. Management at the Shift Supervisor and Shift Superintendent level have either known and condoned the facts set forth in Paragraph one, or should have known of these facts.
3. Plant management above the shift superintendent position either knew or should have known the facts set forth in Paragraph one and either took no action or inadequate action to correct this situation.

l III l

Prior NRC inspections hav9 identified other instances of inattention to duty or failure to adhere to procedures on the eart of licensed operators in the control room at Peach Bottco. i On June 10, 1985, during the 11:00 p.m. to 7:00 a.m. shift, an NRC inspector was present in the Unit 3 control room and obserwJ an on-duty Unit 3 reactor 4_ , _ . _ . - _ . - _ _ -

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4 operator sitting in a chair at the Unit 3 reactor control panel with his eyes -

clo:ed and his head tilted back, apparently asleep or.otherwise inattentive to his duties. In response to this charge the licensed operator denied being asleep and indicated he was enticing the NRC inspector to believe he was asleep, demonstrating poor judgment and a negative attitude toward safety. An enforcement conference was held with the licensee concerning this matter on June 21, 1985.

On June 6,1986, the NRC issued its Systematic Assessment of Licensee Performance (SALP) report for the period April 1,1985 through January 31, 1986.

This report concluded that management involvement and , effectiveness toward improving operating activities was not evident.

Indications of the lack of adequate. management involvement included: poor dissemination of management goals and policies; poor communications between different departments and 4

divisions; and a focus on compliance rather than acknowledgement and correction of the root causes of problems. Further, the report concluded there was a complacent attitude toward procedural compliance in plant operations.

On June 9,1986, the NRC issued a Notice of Violation and Proposed $200,000 Civil Penalty for several violations that resulted from numerous personnel errors by several licensed operators, including the Shift Supervisor and Shift Superintendent, both of whom are licensed senior reactor operators, and two -

licensed reactor operators. These personnel errors by four licensed individuals and associated violations indicated a pattern of inattention to detail, failure to adhere to procedural requirements, and a generally complacent attitude by the operations staff toward performance of their duties

4 at Peach Bottom. This NRC assessment was emphasized to the licensee in a June 12, 1986, letter from Victor Stello, Jr., Executive Director for Operations, to J. C. .Everett, III,'PECo Chairman of the Board and Chief Executive Officer.

In addition, three previous civil penalties were issued for violations of technical specifications involving violations that resulted from personnel errors. March 29,1983 (EA 83-7); June 13,1983 (EA 83-46); June 18,.1984 (EA 84-39).

In general, the enforcement history at Peach Bottom regarding adherence to procedures and attention to duty has been poor.

4 IV The NRC expects licensees to maintain high standards of control room -

professionalism. NRC licensed operators in the control rooms at nuclear power plants are responsible for assuring that the facility is operated safely and within the requirementt <f the facility's license, technical specifications, regulations and orders of the NRC.

To be able to carry out these highly important responsibilities, reactor operators must give their full attention to the condition of the plant at all times. Operators must be alert to ensure that the plant is operating safely and must be capable of taking timely action in response to plant conditions. All control roem business must be conducted in such a way that neither control room operator attentiveness nor the professional atmosphere will be compromised. Sleeping while on duty in the control room demonstrates a total disregard for performing licensed duties and  !

i a lack of appreciation for what those duties entail. i 1

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10 C.F.R. 50.54(k) and Peach Bottom Technical Specification 6.2.2 prohibit sleeping or otherwise inattentive operators in the control room. Under 10 C.F.R Part 50, App. B, the licensee must have and implement procedures to ensure that activities affecting quality, including operations of the facility, are satisfactorily accomplished. The Peach Bottom quality assurance program has- failed to identify this condition adverse to safety. These conditions constitute a hazard to the safe operation of the facility.

In light of the above, it is apparent that the licensee, through its enforcement history and from what has been developed by the ongoing investigation, knew or should have known of the unwillingness or inability of its operations staff to comply with Commission requirements, and has been unable to -implement effective corrective action. Consequently, the NRC lacks reasonable assurance that the facility will be operated in a manner to assure that the health and safety of the public will be protected. Pending the development of other relevant information, I am unable to determine that there is reasonable assurance that the facility will be operated in a manner to assure that the health and safety of the public will be protected.

Accordingly, I have determined that continued operations of the facility is an immediate threat to the public health and safety. Therefore, I have determined that the public health, safety and interest requires that the Licensee should proceed to place or maintain its units in a cold condition.

I have further determined for the reasons set forth above, that pursuant to 10 C.F.R. 2.201(c), no prior notice is required and, pursuant to 10 C.F.R.

6 2.202(f), the actions required by Section V of this Order are innediately effective pending further Order. ,

Y Accordingly, pursuant to Sections 103,161(1) and (o),182 and 186 of the

, Atomic Energy Act of 1954, as amended, and the Commission's regulations in 10 C.F.R. 2.202, and 10 C.F.R. Part 50, IT IS HEREBY ORDERED, EFFECTIVE IMMEDIATELY THAT:

A. The licensee shall within 36 hours4.166667e-4 days <br />0.01 hours <br />5.952381e-5 weeks <br />1.3698e-5 months <br /> from receipt of this Order, shutdown Unit 3 and place the unit in the cold condition (reactor coolant temperature equal to or less than 212*F) and maintain both units in the cold condition with the reactor mode switch in either the refueling or shutdown mode pending further Order.

B. The licensee shall provide to the Administrator of Region I within seven days of this Order a description of the actions the licensee plans to take to provide assurance that the facility will comply with all requirements including station procedures while in a cold i

condition.

C. Before the licensee proposes to operate either Unit 2 or Unit 3 above a cold condition the licensee shall provide to the Administrator of Region I, for his approval, a detailed and comprehensive plan and the

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7 schedule to accomplish the plan to assure that the facility will safely operate and comply with all requirements including station procedures; D. Licensee may show cause, in the manner hereinafter provided, why this order should not have been issued; and E. The Regional Administrator, Region I, may relax any of the above provisions, in writing, upon demonstration of good cause by the licensee.

VI The licensee may show cause, within 20 days after issuance of this Order by J

filing a written answer under oath or affirmation setting forth the matters j of fact and law on which the licensee relies. The licensee may answer as provided in 10 C.F.R. 2.202(d) by consenting to the entry of an Order in

(

, substantially the fom proposed in this Order.

) VII i

The licensee or any other person adversely affected by this Order may request a a

hearing within 20 days after issuance of this Order. Any answer to this Order or any reouest for hearing shall be submitted to the Executive Director for Operations, U.S. Nuclear Regulatory Comission, Washington, D.C. 20555.

Copies shall also be sent to the Assistant General Counsel for Enforcement,

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8 Office of the General Counsel, at the same address and to the Regional Administrator, U.S. Nuclear Regulatory Connission, Region I, 631 Park Avenue, King of Prussia, Pennsylvania 19406. If a person other than the licensee requests a hearing, that person shall set forth with particularity the manner in which the petitioner's -interest is adversely affected by this Order and should address the criteria set forth in 10 C.F.R. 2.714(d). Upon the failure of the licensee to answer or request a hearing within the specified time, this Order shall be final without further proceedings. An answer to this Order or a request for hearing shall not stay the innediate effectiveness of Section V of this Order.

If a hearing is requested by the licensee or other person adversely affected by this Order, the Comission will issue an Order designating the time and place of any hearing. If a hearing is held, the issue to be considered at such hearing shall be whether this Order should be sustained.

FOR THE NUCLEAR REGULATORY COMMISSION l

lg- 0 Victor St o, Executive Director for Operations Dated at Bethesda Maryland i this & day of March,1987

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