ML20236T343

Forwards Insp Repts 50-275/98-11 & 50-323/98-11 on 980526-28.Apparent Violations Identified & Being Considered for Escalated Enforcement Action

ML20236T343
Person / Time
Site:	Diablo Canyon
Issue date:	07/22/1998
From:	Gwynn T NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV)
To:	Rueger G PACIFIC GAS & ELECTRIC CO.
Shared Package
ML20236T345	List: IR 05000275/1998011 ML20236T343
References
50-275-98-11, 50-323-98-11, EA-98-312, NUDOCS 9807280123
Download: ML20236T343 (6)

See also: IR 05000275/1998011

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R EGION IV

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ARLINGTON, TEXA3 760118004

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JUL 2 21998 i

EA 98-312

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Gregory M. Rueger, Senior Vice President

and General Manager

Nuclear Power Generation Bus. Unit

Pacific Gas and Electric Company

Nuclear Power Generation, B14A

77 Beale Street, Room 1451

P.O. Box 770000

San Francisco, California 94177

SUBJECT: NRC SPECIAL INSPECTION REPORT 50-275/98-11; 50-323/98-11 AND NRC

INVESTIGATION 4-1998-007

Dear Mr. Rueger:

From May 26-28,1998, a special inspection was conducted at your Diablo Canyon Nuclear

Power Plant, Units 1 and 2, reactor facility, with in-office reviews conducted through

June 25,1998. The enclosed report (Enclosure 1) presents the scope and results of that

inspection. The specialinspection followed an investigation conducted by the NRC's Office of

Investigations (01) to determine whether a willful violation of Diablo Canyon procedures had

occurred in December 1997. The results of the specialinspection and investigation were

discussed with your staff in an exit meeting on July 2,1998.

Based on the results of this inspection, two apparent violations were identified and are being

considered for escalated enforcement action in accordance with the " General Statement of

Policy and Procedure for NRC Enforcement Actions"(Enforcement Policy), NUREG-1600,

Revision 1.

The first apparent violation resulted from actions taken on December 15,1997, by a Unit 2 Shift

Foreman, with concurrence of the Shift Supervisor, to improperly authorize and perform a tagout

which was contrary to your procedures. Specifically, to perform repairs on a steam leak inside

containment using personnel standing by equipment, plus a caution tag, instead of the clearance

package described by the work order, and without modifying the work order, was contrary to the

requirements of your procedures and Technical Specification 6.8.1. Further, the investigation

concluded that three members of your staff involved in the repair activity willfully violated plant

procedures. Enclosure 2 is the synopsis of the 01 report concerning this incident, summarizing j/.

this finding.

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DR DO O 00 75

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Pacific Gas and Electric Company -2- j

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The second apparent violation resulted from the failure of your staff to complete corrective

actions promptly, contrary to 10 CFR Part 50, Appendix B, Criterion XVI, in that there were j

unnecessary delays (in excess of 30 days) in completing your corrective actions. '

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. Accordingly, no

Notice of Violation is presently being issued for these inspection findings.

A closed, transcribed predecisional enforcement conference to discuss these apparent

violations has been scheduled for August 21,1998. The decision to hold a predecisional

enforcement conference does not mean that the NRC has determined that a violation has

occurred or that enforcement action will be taken. This conference is being held to obtain

information to enable the NRC to make an enforcement decision, such as a common

understanding of the facts, root causes, missed opportunities to identify the apparent violation

sooner, corrective actions, significance of the issues, and the need for lasting and effective

corrective action. In addition, this is an opportunity for you to point out any errors in our

inspection report and for you to provide any information concerning your perspectives on (1) the

severity of the apparent violation, (2) the application of the factors that the NRC considers when

it determines the amount of a civil penalty that may be assessed in accordance with

Section VI.B.2 of the Enforcement Policy, and (3) any other application of the Enforcement

Policy to this case, including the exercise of discretion in accordance with Section Vll.

As part of our inspection, we have reviewed your independent investigation of this matter.

However, in order to ensure a complete information exchange during the predecisional

enforcement conferent.e:

• We request your presentation also include your evaluation, and its basis, of whether

each of the licensed individuals involved in the incident willfully violated your procedures

by their actions during the incident.

. We request that the three operations personnel identified in the Ol report as willfully l

violating procedures by their actions taken on December 15,1997 (the Shift Foreman, I

the Shift Supervisor, and the Senior Reactor Operator who performed the activity), attend

the conference. They should be prepared to discuss their involvement in the incident.

We will correspond separately with these individuals with regard to the potential for

enforcement action to be taken against them.

• Finally, we request that you describe the new or additional information identified by the

Quality Evaluation Q0011991 that required substantial new corrective actions beyond

those already taken for the incident.

You will be advised by separate correspondence of the results of our deliberations on this

matter. No response regarding these apparent violations is required at this time.

In accordance with 10 CFR 2.790 of the NRC's " Rules of Practice," a copy of this letter and its I

enclosures will be placed in the NRC Public Documer,t Room.

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Pacific Gas and Electric Company -3-

Should you have any questions concerning this inspection, we will be pleased to discuss them

with you. ,

Sincer ,

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, Thomas P$ Gwynn, D' e or

Division of Reactor P cts i

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. Docket Nos.: 50-275

50-323

License Nos.: DPR-80

DPR-82

Enclosures:

1. NRC inspection Report

50-275/98-11; 50-323/98-11

2. Office of Investigations Synopsis 4-1998-007

cc w/ enclosures:

Dr. Richard Ferguson

Energy Chair i

Sierra Club California I

1100 lith Street, Suite 311 - ,

Sacramento, California 95814.

Ms. Nancy Culver

San Luis Obispo Mothers for Peace

P.O. Box 164

Pismo Beach, Califomia 93448

Chairman

San Luis Obispo County Board of

Supervisors

Room 370

County Government Center

j. San Luis Obispo, California 93408

Mr. Truman Burns \Mr. Robert Kinosian

California Public Utilities Commission

505 Van Ness, Rm. 4102

San Francisco, California 94102

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Pacific Gas and Electric Company -4-

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L- Robert R. Wellington, Esq.

Legal Counsel-

! ,- Diablo Canyon Independent Safety Committee

l- - 857 Cass Street,' Suite D -

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'- Monterey, California 93940

Mr. Steve Hsu

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l- - Radiologic Health Branch -

/ State Department of Health Services' >

l P.O. Box 942732 -

Sacramento, Califomia 94234

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Christopher J. Wamer, Esq.

,

Pacific Gas and Electric Company

l P.O. Box 7442

l - San Francisco, Califomia 94120

Robert P. Powers, Vice President .

l and Plant Manager

- Diablo Canyon Power Plant

P.O. Box 56

Avila Beach, Califomia 93424

, Managing Editor

Telegram-Tribune

1321 Johnson Avenue

P.O. Box 112

San Luis Obispo, Califomia 93406

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.. Pacific Gas and Electric Company -5-

E-Mail report to T. Frye (TJF)

E-Mail report to D. Lange (DJL)

E-Mail report to NRR Event Tracking System (IPAS)

E-Mail report to Document Control Desk (DOCDESK)

bec to DCD (IE14)-

bec distrib. by RIV:

Regional Administrator Resident inspector

DRP Director ' DRS-PSB .

Branch Chief (DRP/E, WCFO) MIS System

Senior Project inspector (DRP/E, WCFO) RIV File

Branch Chief (DRP/TSS) RIV Office of Investigation

J. Lieberman, OE MS:7-H5 OE:EA File MS:7-H5

G. F. Sanbom, EO W. L. Brown, RC

A. T. Howell, DRS

DOCUMENT NAME: R:\_DC\DC811RP.DGA

- To receive copy of document, Indicate in box:"C" = Copy without enclosures "E" = Copy with enclosures "N" = No copy

RIV:Rl:DRP/E RE:DRS EO C:DRP/E C:OB D:DRP M

L 'b DGAcker:jb . RELantz * GFSanbom HJWong JLPellet TPGwynn pTP

7/15/98 (E) 7/9/98 7/15/98 (E) 7/15/98 (E) 7/15/98 (E) 7/22498 /{

• concurred on previous draft on 7/9/98 (was unavailable to concur on final revision)

OFFICIAL RECORD COPY

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Pacific Gas and Electric Company -5-

E-Mail report to T. Frye (TJF)

E-Mail report to D. Lange (DJL)

E-Mail report to NRR Event Tracking System (IPAS)

E-Mail report to Document Control Desk (DOCC ESK)

bec to DCD (IE14)

bec distrib. by RIV:

Regional Administrator Resident inspector

DRP Director DRS-PSB

Branch Chief (DRP/E, WCFO) MIS System

Senior Project inspector (DRP/E, WCFO) RIV File

Branch Chief (DRP/TSS) RIV Office of Investigation

J. Lieberman, OE MS:7-H5 OE:EA File MS:7-HS

G. F. Sanborn, EO W. L. Brown, RC

A. T. Howell, DRS

• 'lCUUb

DOCUMENT NAME: R:\_DC\DC811RP.DGA

To receive copy of document. Indict ' in box: "C" = Copy without enclosures "E" = Copy with enclosures "N" = No copy

RIV.RI:DRP/E l RE:DRS l EO l C:DRP/E l C:OB l D:DRP /d

DGAcker:jb RElantz * GFSanborn HJWong JLPellet TPGwynn p{ '

( 7/15/98 (E) 7/9/98 7/15/98 (E) 7/15/98 (E) 7/15/98 (E) 7/2/498 /

• concurred on previous draft on 7/9/98 (was unavailable to concur on final revision)

OFFICIAL RECORD COPY

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