ML20236L208

Discusses Investigations Rept 3-97-041 Re Info Provided by Util.Pipefitters Employed by Plant Failed to Rept Violations of Util FFD Program Occurring on 971010.Review Concluded That Pipefitters Separately Failed to Rept Occurrences

ML20236L208
Person / Time
Site:	Braidwood
Issue date:	07/02/1998
From:	Paperiello C NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To:	Kingsley O COMMONWEALTH EDISON CO.
References
EA-98-058, EA-98-58, NUDOCS 9807100265
Download: ML20236L208 (5)

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July 2, 1998 EA 98-058 Mr. Oliver D. Kingsley President, Nuclear Generation Group Commonwealth Edison Company ATTN: Regulatory Services Executive Towers West 111 1400 Opus Place, Suite 500 Downers Grove,IL 60515

SUBJECT:

EXERCISE OF ENFORCEMENT DISCRETION (NRC OFFICE OF INVESTIGATIONS REPORT 3-97-041)

Dear Mr. Kingsley:

This refers to information provided to the NRC by the Commonwealth Edison Company (Comed) that three pipefitters, previously employed at the Braidwood Nuclear Station, apparently failed to report violations of the Comed Fitness for Duty (FFD) program occurring on October 10,1997. The NRC's Office of Investigations (01) reviewed the information provided by Comed, and concluded that the pipefitters deliberately failed to report the FFD information.

The synopsis of the 01 report is enclosed.

Based on Ol's finding, the NRC has determined that a violation of NRC requirements occurred.

Specifically, on October 10,1997, a pipefitter employed bv a contractor, GN Venture, came to work at the Braidwood Station after consuming alcohol within three hours before reporting to work in violation of the NRC-required FFD program. The FFD program requires an employee to abstain from consuming alcohol within five hours immediately preceding his scheduled work period, and to report that information to a supervisor upon arrival at work. This individual did not inform a supervisor upon reporting for work that he had consumed alcohol immediately prior to coming to work that evening. After sustaining an injury from falling down a stairway, the individual told two coworkers that he consumed alcohol before coming to work and he asked his coworkers not to report the FFD information to a supervisor. Additionally, one of the coworkers smelled the odor of alcohol on the individual's breath. Each of the three pipefitters knew through his training at the Braidwood Station that this FFD information should be immediately reported to a supervisor. However, all three agreed that they would not report th!: information as required. As a result of that agreement, each of the Individuals deliberately failed to make the required report. This deliberate failure of the three individuals to make that report caused Comed to be in violation of the FFD program and NRC requirements.

A Notice of Violation (Notice) would normally be issued for a deliberate violation of an NRC requirement and a civil penalty would normally be considered in accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions" (Policy), NUREG-1600.

However, after consultation with the Deputy Executive Director for Regulatory Effectiveness hft 6

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O. Kingsley and the Director, NRC Office of Enforcement, the NRC is exercising the enforcement discretion authorized by Section Vll.B.6 of the Policy and is not issuing a Notice or proposing a civil penalty for the following reasons: (1) Comed identified the violation; (2) Comed immediately 4

notified the NRC that the violation had occurred; (3) Comed investigated the matter; (4) Comed took disciplinary action against each of the individuals; and (5) the incident was isolated and involved low-level employees without the knowledge of management.

l With respect to the individuals, the NRC has today issued a separate violation to each of the i

pipefitters emphasizing that any similar violation in the future may result in more significant enforcement actions.

The NRC has concluded that information regarding the reason for the violation, the corrective actions taken to correct the violation and prevent recurrence, and the date when full compliance was achieved is already adequately addressed in the Comed investigation report and the i

NRC 01 report. Therefore, you are not required to respond to this letter unless the description therein does not accurately reflect the corrective actions or the Comed position. In that case, or if you chose to provide additional information, clearly mark the response as a " Reply to 'an Exercise of Enforcement Discretion," and send it to the U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, DC 20555-0001 with a copy to the Regional Administrator, Region 111, and a copy to the NRC Resident inspector at the Braidwood Nuclear Station, within 30 days of the date of this letter, in accordance with 10 CFR 2.790 of the NRC's " Rules of Practice," a copy of this letter, its l

enclosure, and your response, if you choose to reply, will be placed in the NRC Public Document Room.

Sincerely, Carl J. Paperiello Acting Regional Administrator l

Docket Nos. 50-456; 50-457 License Nos. NPF-72; NPF-77

Enclosure:

01 Report Synopsis l

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l L_____________-____

O. Kingsley 3-L cc w/ encl:

M. Wallace, Senior Vice President D. Helwig, Senior Vice President G. Stanley, PWR Vice President J. Peny, BWR Vice President

1. Johnson, Licensing Director l

DID - Licensing T. Talon, Site Vice President Braidwood Station Manager T. Simpkin, Regulatory Assurance Supervisor Richard Hubbard Nathan Schloss, Economist Office of the Attomey General State Liaison Officer Chairman, Illinois Commerce Commission l

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O. Kingsley DISTRIBUTION:

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PUBLICJEV SECY CA LCallan, EDO AThadani, DEDE LChandler, OGC JGoldberg, OGC SCollins, NRR BBoger, NRR JGilliland, OPA TMartin, AEOD l

HBell, OlG l

GCaputo, Ol l

RPaul, OI: Rill (OI No. 3-97-020)

Enforcement Coordinators Rl, Ril and RIV Resident inspector, Braidwood l

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OE:ES OE:EA (2)

RAO: Rill SLO:Rlli PAO:Rlli DRP: Rill Rlli Office Allegation Coordinator (AMS No. Rlli-1997-A-0221)

OCFO/LFARB Docket File I

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l SYNOPSIS This investigation was inMiated by the U.S. Nuclear Regulatory Commission (NRC), Office of Investigations (01), Region III (RIII), on October 28, 1997, regarding an allegation that three GN Venture contract pipefitters at i

Braidwood Nuclear Power Plant (Braidwood), deliberately violated Braidwood's Fitness For-Duty (FFD) Program requirements. One contract pipefitter allegedly consumed alcohol within five hours of reporting to work, and the other two contract pipefitters were aware of the first's alcohol consumption but failed to report the violation.

Based upon the evidence developed during the investigation, and a review of evidence contained in the investigation r6 port provided by the licensee, it was determined that the three contact pipefitters had deliberately violated Braidwood's FFD program.

Case No. 3-97 041 1

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