ML20247C614

Notice of Violation & Proposed Imposition of Civil Penalty in Amount of $25,000.00.Noncompliance Noted:Senior Reactor Operator That Failed Written Requalification Exam Assigned Position of Operator at Controls Prior to Reexam

ML20247C614
Person / Time
Site:	Summer
Issue date:	08/31/1989
From:	Ebneter S NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
To:
Shared Package
ML20247C598	List: IR 05000395/1989014 ML20247C614
References
50-395-89-14, EA-89-143, NUDOCS 8909140057
Download: ML20247C614 (3)

Text

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NOTICE OF VIOLATION AND PROPOSED IMPOSITIDT0F CIVIL PENALTY South Carolina Electric & Gas Company Docket No. 50-395 V. C. Summer Lice,se No. NPF-12 EA 89-143 During the Nuclear Regulatory Commission (NRC) inspection conducted on June 14-15, 1989, a violation of NRC requirements was identified. In accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions,"

10 CFR Part 2. Appendix C, (1989), the Nuclear Regulatory Commission proposes to impose a civil penalty pursuant to Section 234 of the Atomic Energy Act of 1954, as amended (Act), 42 U.S.C. 2282, and 10 CFR 2.205. The particular violation and associated civil penalty are set forth below:

10 CFR 50.54(i) states, in part, as a condition of the facility operating license, that the licensee may not permit-the manipulation of the controls of any' facility by anyone who is not a licensed operator. It further provides that the licensee have in effect a requalification program meeting the requirements of '.0 CFR 55.59(c), of this chapter. Licensee administra-tive procedure No. II.B.4, established to implement 10 CFR 55.59(c),

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requires that a written examination be given in order to determine each licensed individual's knowledge of topics covered in the requalification program. It further requires that an individual who fails this examination be removed from licensed duties.

Contrary to the above, a senior reactor operator, who failed a written requalification examination administered on April 11, 1989 and graded April 21, 1989, was assigned to the position of operator-at-the-controls on June 2, 1989, and on this date served in this capacity from about 7:00 a.m. to 10:00 a.m., prior to being administered retraining or reexamination. t, This violation has been evaluated as a Severity Level III violation "-

(Supplements).

Civil Penalty - $25,000.

Pursuant to the provisions of 10 CFR 2.201, South Carolina Electric & Gas .

~ Company is hereby required to submit a written statement or explanation to ,

the Director, Office of Enforcement, U. S. Nuclear Regulatory Commission, within 30 days of the date of this Notice. This reply should be clearly marked as a " Reply to a Notice of Violation" and should include: (1) admission or denial of the violation, (2) the reasons fc ' the violation if admitted, (3) the corrective steps that have been tak :n and the results achieved, (4) the corrective steps that have been taken to avoid further ,

violations, and (5) the date when full compliance will be achieved. If an adequate reply is not received within the time specified in this Notice, an order may be issued to show cause why the license should not be modified, j suspended, or revoked or why such other action as may be proper should not be 1 taken. Consideration may be given to extending the response time for good I cause shown. Under the authority of Section 182 of the Act, 42 U.S.C. 2232, this response shall be submitted under oath or affirmation.

8909140057 890831 PDR ADOCK 05000395 Q PDC

4 Notice of Violation Within the same time as provided for the response required above under 10 CFR 2.201, the licensee may pay the civil penalty by letter addressed to the Director Office of Enforcement, U. S. Nuclear Regulatory Commission, with a check, draft, or money order payable to the Treasurer of the United States in the amount of the civil penalty proposed above or may protest imposition of the civil penalty in whole or in part by a written answer addressed to the Director, Office of Enforcement, U. S. Nuclear Regulatory Commission. Should the licensee fail to answer within the time specified, an order imposing the civil penalty will be issued. Should the licensee elect to file an answer in accordance with 10 CFR 2.205 protesting the civil penalty, in whole or in part, such answer should be clearly marked as an " Answer to a Notice of Violation" and may:

(1) deny the violation listed in this Notice in whole or in part, (2) demonst-rate extenuating circumstances, (3) show error in this Notice, or (4) show other reasons why the penalty should nat be imposed. In addition to protesting the civil penalty, such answer may request remission or mitigation of the penalty.

In requesting mitigation of the proposed penalty, the factors addressed in Section V. B of 10 CFR Part 2, Appendix C should be addressed. Any written answer in accordence with 10 CFR 2.205 should be set forth separately from the statement or explanation in reply pursuant to 10 CFR 2.201 but may incor-porate parts of the 10 CFR 2.201 reply by specific reference (e.g., citing page and paragraph numbers) to avoid repetition. The attention of the licensee is directed to the other provisions of 10 CFR 2.205 regarding the procedure for imposing a civil penalty.

Upon failure to pay the penalty due, which has been subsequently determined in accordance with the applicable provisions of 10 CFR 2.205, this matter may be referred to the Attorney General, and the penalty, unless compromised, remitted, or mitigated, may be collected by civil action pursuant to Section 234c of the Act, 42 U.S.C. 2282.

The responses to the Director, Office of Enforcement, noted above (Reply to a Notice of Violation, letter with payment of civil penalty, and Answer to a

, Notice of Violation) should be addressed to: Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, DC 20555, with a copy to the Regional Administrator, Region II and a copy to the NRC Resident Inspector, Summer Nuclear Facility.

l FOR THE NUCLEAR REGULATORY COMMISSION l

Original signed by SDEbneter Stewart D. Ebneter ,

Regional Administrator Dated at Atlanta, Georgia J this3&Pday of August 1989 l

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J. L. Skolds, General Manager i Nuclear Plant Operations A. R. Koon, Jr. , Manager Nuclear Licensing J. B. Knotts, Jr.

Bishop, Cook; Purcell & Reynolds W. A. Williams, Jr., Technical Assistant, Nuclear Operations -

Santee Cooper R. E. Rainear, Executive Vice President, South Carolina Public Service Authority State of South Carolina DISTRIBUTION:

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