ML20236M312
| ML20236M312 | |
| Person / Time | |
|---|---|
| Site: | FitzPatrick  |
| Issue date: | 07/02/1998 |
| From: | NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I) |
| To: | |
| Shared Package | |
| ML20236M310 | List: |
| References | |
| 50-333-98-02, 50-333-98-2, NUDOCS 9807140017 | |
| Download: ML20236M312 (4) | |
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t ENCLOSURE 1 NOTICE OF VIOLATION l
New York Power Authority Docket No. 50-333
. James A. FitzPatrick Nuclear Power Plant License No. DPR-59 During an NRC inspection conducted from April 20,1998 to May 31,1998, violations of NRC requirements were identified in accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions," (Enforcement Policy), NUREG 1600, the violations are listed below:
A.
Technical Specification 6.8(A)2 requires, in part, that written procedures and l
administrative policies shall be established, implemented and maintained that are recommended in Appendix A of Regulatory Guide 1.33, November 1972. Appendix A of Regulatory Guide 1.33 requires procedures for combating emergencies and other significant events and administrative procedures for safe plant operation.
Administration Procedure (AP)-12.03, Administration of Operations, Revision 12, requires that operators shall observe a hierarchy for plant operating procedures and that emergency operating procedures (EOPs) and EOP support procedures (EPs) l have the highest priority. EP-1, EOP Entry and Use, Revision 2, requires, in part, that actions taken per other plant procedures shall not contradict or subvert actions specified by the EOPs.
Contrary to the above, on May 1,1998, actions taken per other plant procedures contradicted actions specified by the EOPs. Specifically, operators had entered EOP-3, Failure to Scram, which directed that operators execute EP-3, Backup
.j Control Rod Insertion. Instead of entering EP-3, Abnormal Operating Procedure (AOP)-1, Reactor Scram, was entered. AOP-1 provided a different mitigation strategy than the directions in EP-3.
This is a Severity Level IV violation (Supplement I).
B.
Technical Specification 6.8(A)2 requires, in part, that written procedures and administrative policies shall be established, implemented and maintained that are recommended in Appendix A of Regulatory Guide (RG) 1.33, November 1972.
1.
Section 1.b of Appendix A Of RG 1.33 includes administrative procedures I
covering authorities and responsibilities for safe operation and shetoown.
Also,10 CFR 50.4 defines operator as arm individual licensed to manipulate a control of a facility, and a senior operatbr as any individuailicensed to manipulate the controls'of a facility and to direct the licensed activities of licensed operators.
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Contrary to the above, as of April 24,1998, Administrative Procedure AP-12.03, " Administration of Operations," Revision 11, was not established adequately in that in Step 6.11.2 provided instructions allowing the on-shift operator to direct the licensed activities of licensed operators without a l
l senior operator license.
This is a Severity Level IV violation (Supplement 1).
l 2.
Section 6.d of Appendix A of RG 1.33 includes abnormal operating procedures for the loss of coolant flow.
i Contrary to the above, as of April 24,1998, abnormal operating procedure I
AOP-8, " Loss of Coolant Flow," was not established adequately in that the power to flow map portion of the procedure was inconsistent with operator.
aide number 24 and reactor analysts procedure RAP 7.3.16.
This is a Severity Level IV violation (Supplement 1).-
L C.
10 CFR 50.54(i-1) requires that'the facility licensee shall have in effect an operator requalMication program which must as a minimum, meet the requirements of 55.59(c).10 CFR 55.59(c) requires, in part, that in lieu of paragraph (c)(4) of this section, the Commission may approve a program developed by using a systems approach to training (SAT).10 CFR 55.59(c)(4) requires, in part, that the facility licensee requalification program shall include comprehensive written examinations and annual operating tests which determine areas in which retraining is needed to upgrade reactor operator and senior reactor operator _ knowledge. The facility licensee SAT based program relies on security agreements to duplicate examination material from week-to-week during an examination cycle and ensure materialis not divulged.
Contrary to the above, from March 30 to April 24,1998, the facility licensee.-
administered the annual operating test to licensed operators in a manner in which examination test item sample selection was not sufficiently comprehensive such that needed retraining determinations could be made. Specifically, examination I
content was duplicated over a 4-week period.
i This is a Severity Level IV violation (Supplement 1). -
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~ 10 CFR 55.59(a)(2)(ii) requires, in part, that the operating test will require the D.
licensed senior reactor operator to demonstrate the ability to perform the actions necessary to accomplish a comprehensive sample of items specified in part
. 55.45(a)(2) through (13) inclusive to the extent applicable to the facility.
'1.
10 CFR 55.45(a)(2) requires, in part, licensed operators demonstrate the ability to operate the facility between shutdown 'and designated power
. levsls.
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Contrary to the above, from January to March 1997 and from January to l
March 1998, the facility licensee administered the annual operating test to operators that did not demonstrate on a sampling basis their ability to operate the facility between shutdown and designated power levels.
Further, the FitzPatrick training Procedure TP-5.07," LOR Examination l
Development and Administration," Revision 3, Step 7.5.8 was not adequate l
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in that low power or shutdown operations were excluded from the annual operating test.
i This is a Severity Level IV violation (Supplement 1).
i-2.
.10 CFR 55.45(a)(11) requires, in part, the licensed reactor operator to demonstrate the ability to execute the emergency plan.
Contrary to the above, from January to March 1997 and from January to March 1998, operating tests administered did not require licensed senior reactor operators fulfilling the role of the control room supervisor to demonstrate on a sampling basis their ability to execute the emergency plan.
This is a Severity Level IV violation (Supplement 1).
E.
10 CFR 71.5(a) requires that a licensee who transports licensed material outside of the site of usage, as specified in the NRC license, shall comply with the applicable requirements of the regulations appropriate to the mode of transport of the Department of Transportation (DOT) in 49 CFR 170 through 189. 49 CFR 173.421(a)(2) specifies that for shipment of excepted packages the radiation level at any point on the external surface of the package does not exceed 0.005 millisiewrt per hour (0.5 millirem per hour).
Contrary to the above, on March 17,1998, a B-25 box containing high efficiency particulate HEPA hoses was classified and shipped off-site as an excepted package i
while the radiation levels on contact with five of the six sides of the B-25 box exceeded 0.5 millirem per hour and with a maximum contact reading of 1.8 millirem per hour.
This is a Severity Level IV violation (Supplement V).
Pursuant to the provisions of 10 CFR 2.201, New York Power Authority is hereby required to submit a written statement or explanation to the U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, D.C. 20555 with a copy to the Regional Administrator, Region I, and a copy to the NRC Resident inspector at the facility that is the subject of this Notice, within 30 days of the date of the letter transmitting this Notice of Violation (Notice). This reply should be clearly marked as a " Reply to a Notice of l,
Violation" and should include for each violation: (1) the reason for the violation, or, if l
- contested, the. basis for disputing the violation or severity level, (2) the corrective steps that have been taken and the results achieved, (3) the corrective steps that will be taken to avoid further violations, and (4) the date when full compliance will be achieved. Your response may reference or include previous docketed correspondence, if the
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correspondence adequately addresses the required response. If an adequate reply is not l
- received within the time specified in this Notice, an order or a Demand for Information may be issued as to why the license should not be modified, suspended, or revoked, or why such other action as may be proper should not be taken. Where good cause is shown, consideration will be given to extending the response time.
i If you contest this enforcement action, you should also provide a copy of your response to i
the Director, Office of Enforcement, United States Nuclear Regulatory Commission, Washington, DC 20555-0001.
Because your response will be placed in the NRC Public Document Room (PDR), to the extent possible, it should not include any personal privacy, proprietary, or safeguards
'information so that it can be placed in the PDR without redaction, if personal privacy or proprietary information is necessary to provide an acceptable response, then please provide a bracketed copy of your response that identifies the information that should be protected and a redacted copy of your response that deletes such information. If you request -
withholding of such material, you must specifically identify the portions of your response that you seek to have withheld and provide in detail the basas for your claim of nithhold-ing (e.g., explain why.the disclosure of information will create an unwarranted invasion of
- personal privacy or provide the information required by 10 CFR 2.790(b) to support a request for withholding confidential commercial or financial information). If safeguards information is necessary to provide an acceptable response, please provide the level of protection described in 10 CFR 73.21.
Dated at King of Prussia, Pennsylvania this 2nd day of July,1998 L
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