ML20217G027

Responds to NRC Re Violations Noted in Insp Repts 50-424/97-03 & 50-425/97-03 on 970303-07.Corrective Actions: Appropriate Licensed Personnel Counseled to Obtain Permission from Affected Individuals

ML20217G027
Person / Time
Site:	Vogtle
Issue date:	04/21/1998
From:	Mccoy C SOUTHERN NUCLEAR OPERATING CO.
To:	NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
References
50-424-97-03, 50-424-97-3, 50-425-97-03, 50-425-97-3, EA-97-208, LCV-1009-N, NUDOCS 9804290016
Download: ML20217G027 (4)

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. C. K. McCoy Southern N: clear

. Vice President Operating CompaTy,Inc.

Vogtle Project 40 inverness Center Parkway R0. Box 1295 Birrningharn. Alabama 35201 Tel 205 992.7122 Fax 205.992.0403 SOUTHERN COMPANY April 21, 1998 Energ to Serve Your %rld" Docket No. 50-424 50-425 '

U. S. Nuclear Regulatory Commission LCV-1009-N ATTN: Dwment Control Desk Washmgton, D. C. 20555 Ladies and Gentlemen VOGTLE ELECTRIC GENERATING PLANT REPLYTO A NOTICE OF VIOLATION l Pursuant to 10 CFR 2.201, Southem Nuclear Operating Company (SNC) submits the enclosed information for Vogtle Electric Generating Plant (VEGP) in response to a violation identified as enforcement action EA 97-208-02014. The violation was cited in a Notice of Violation dated June  !

25,1997; originally categorized as URI 50-424;425/97-03, dated April,4,1997; and identified in  !

an inspection conducted from March 3-7,1997.

In past conresp*~ dated July 25, September 25, and December 1,1997, SNC denied the  !

subject violation based upon a perceived conflict with NRC and National Labor Relations Board i (NIRB) requirements However, by letter dated March 24,1998, the NRC stated they did not agree with SNC's assertion that compliance to 10 CFR 26.29 would subject the licensee to enforcement with the NLRB and in accordance with 10 CFR 2.201, SNC is again required to respond to the original siolation.

In the enclosure a transcription of the violation precedes SNC's response.

l Should you have any questions feel free to contact this office. i Sincerely,

[,

C. K. McCoy CKM/afs I

Enclosure:

Reply to NOV, EA 97-208-02014 \ l cc:(next page) g 4

0 9804290016 900421 PDR ADOCK 05000424 i'

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! U. S. Nuclear Regulatory Commission - Page 2 of 2 LCV-1009N l

i cc: Soudiem Nuclear Ooeratina Company i Mr. J. B. Beasicy, Jr.

i Mr. M. Sheibani

f. NORMS i

U. S. Nuclear Renulatory Commissim

! Mr. L. A. Reyes, Regional Admuustrator l Mr. D. H. Jaffe, Senior Project Manager, NRR Mr. J. Zeiler, Senior Resident Inspector, Vogtle t

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,. ENCLOSURE VOGTLE ELECTRIC GENERATING PLANT- UNITS I AND 2

,, , REPLY TO NOTICE OF VIOLATION NRC INSPECTION REPORTS 50-424.425/97-03 AND EA 97-208-02014 Violation "B". (EA 97-208-02014)

The following is a transcription of violation "B" as cited in the Notice of Violation (NOV):

During an NRC inspection cWM on March 3-7,1997, violations of NRC requirements were identified. In accordance with the " General Statement of Policy and Procedures for NRC Enforcement Actions," NUREG-1600, [ violation B is] listed below:

B. "10 CFR 26.29 (b) specifically states, in part, that the licensee shall not disclose personal information collected and maintained to persons other than assigned

[ Medical Review Officers] MROs, other Scensees, or their authorized representatives legitimately seekmg the information as required by this part for uneswned access decisions.

Contrary to the above, on December 30,1996, the licensee discussed personal information collected and maintained with a union representative, a person other )

than an assigned MRO, another licensee, or their authorized representative legitimately seeking the infonnation as required by 10 CFR Part 26 for unescorted access decisions. (02014)

This is a Severity Level IV violation (Supplement III)."

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Resnonse To Violation "B". (EA 97-208-02014)

Admission or Denial of the Wlation:

Southem Nuclear Operating Company accepts the violation as stated.

Reason for the Violation:

Southern Nuclear Operating Company believed that it was permissible to reveal the employce's FFD information to the union representative. The union was the employce's collective bargaining representative and appeared to have been making inquiries at the request of the employee. Southern Nuclear Operating Company believed the union representative to be an authorized representative of the employee meeting the requirements of 10 CFR 26.29.

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,. ENCLOSURE VOGTLE ELECTRIC GENERATING PLANT- UNITS 1 AND 2

, REPLY TO NOTICE OF VIOLATION NRC INSPECTION REPORTS 50-424.425/97-03 AND EA 97-208-02014 Qrrective Sten: Which Have Been Taken and the Results Achieved:

Appropriate licensee personnel have been counseled to obtain permission from affected individuals prior to communicating personal information collected and maintained under the Fitness For Duty Rule to any person seeking such information as the authorized representative of the individual under the provisions of 10 CFR 26.29.

Corrective Steps which Will Be Taken to Avoid Further Violatiog Appropriate procedures will be revised by May 15,1998, to require written consent to be obtained from each afTected individual prior to communicating personal information collected and maintained under the Fitness For Duty Rule to any person seeking such information as the authorized representative of any individual under the provisions of 10 CFR 26.29.

Date When Full Comoliance Will Be Achieved:

SNC is currently in full compliance with the requirements of 10 CFR 26.29 for protecting personal information obtained under the FFD program for VEGP.

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