ML20247M822

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Refers to Investigation Conducted by OI Field Ofc,Region I. Purpose of Investigation Was to Determine Whether Individual Deliberately Violated TS 6.8.1a While Removing tri-nuclear Filter from SFP on 960716
ML20247M822
Person / Time
Site: Millstone 
Issue date: 05/14/1998
From: Lanning W
NRC (Affiliation Not Assigned)
To: Bowling M, Loftus P
NORTHEAST NUCLEAR ENERGY CO.
References
EA-98-205, NUDOCS 9805260388
Download: ML20247M822 (4)


Text

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May 14, 1998 EA 98-205 Mr. M. L. Bowling, Recovery Officer-Technical Services c/o Ms. Patricia Loftus, Director - Regulatory-Affairs for Millstone Station NORTHEAST NUCLEAR ENERGY COMPANY

. PO Box 128 Waterford, CT 06385

SUBJECT:

NRC OFFICE OF INVESTIGATIONS REPORT NO.1-96-028 - ALLEGED DELIBERATE VIOLATION OF TECHNICAL SPECIFICATIONS DURING SPENT FUEL POOL ACTIVITIES

DearMr. Bowling:

This letter refers to an investigation conducted at the Millstone Nuclear Power Station by the NRC Office of Investigations (01) Field Office, Region I. The purpose of the investigation was to determine whether an individual deliberately violated Technical Specification 6.8.1a while removing a Tri-Nuclear filter from the Millstone Unit i spent fuel pool on July 16,1996. During the investigation, its scope was expanded to determine whether a second individual had deliberately violated Technical Speedication 6.8.1a as well. Issues associated with removal of the Tri-Nuclear filter are discussed in NRC Combined Inspection Reports 50-245/96-06; Section U1.M1; 50-245/96-08; Section U1.M1; and 50-245/97-02; Section U1.M8.

The investigation determined that one individual deliberately violated Technical Specification 6.8.1a when he failed to follow a procedure while removing the Tri-Nuclear filter. Specifically, the overhead crane was used to lift the Tri-Nuclear filter skid contrary to the special procedure that provided directions for removal of the skid from the spent fuel pool. The investigation also determined that the second individual contributed to the violation of Technical Specification 6.8.1a when he failed to stop the other individual's attempt to remove the Tri-Nuclear filter when

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he realized the work was not being done in accordance with the procedure. Also, during l -

subsequent interviews with NRC personnel concerning the details surrounding this event, both individuals provided incomplete and inaccurate information to the NRC.

Based on the results of this investigation, 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. The first example is an apparent violation of Technical Specification 6.8.1a, which required you to

' follow a procedure while removing the Tri-Nuclear filter from the Unit 1 spent fuel pool on July l

16,1996. The second example is an apparent violation of Title 10, Code of Federal Regulations (CFR), Section 50.9 (Completeness and Accuracy of Information), which requires i

licensees to provide information that is complete and accurate in all material respects.

gg Based on the evidence developed during the investigation and the inspection findings

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I discussed in the above noted NRC inspection reports, it may not be necessary to conduct a k Og l

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Mr. M. L. Bowling 2

predecisional enforcement conference in order to enable the NRC to make an enforcement decision. However, a Notice of Violation is not presently being issued for these apparent violations. Before the NRC makes its enforcement decision, we are providing you an opportunity to either (1) respond to the apparent violations addresssed in this letter within 30 days of the date of this letter or (2) request a predecisional enforcement conference. On May L

6,1998, in a telephone discussion with me, you stated that NNEC preferred not to have an enforcement conference.

Your written response should be clearly marked as a " Response to Apparent Violations in Office of Investigations Report No.1-96-028," and should include for each apparent violation:

(1) the reason for the apparent violation, or, if contested, the basis for disputing the apparent violation, (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 should be submitted under oath or affirmation and may reference or include previous docketed correspondence, if the correspondence adequately addresses the required response. If an adequate response is not received within the time specified or an extension of time has not been granted by the NRC, the NRC will proceed with its enforcement decision or schedule a predecisional enforcement conference, in addition, please be advised that the number and characterization of apparent violations may change as a result of further NRC review. You will be advised by separate correspondence of the results of our deliberations on this matter.

In accordance with 10 CFR 2.790 of the NRC's " Rules of Prectice," a copy of this letter and your response (if you choose to provide one) will be placed in the NRC Public Document Room (PDR). To the extent possible, your response should not include any personal privacy, proprietary, or safeguards information so that it can be placed in the PDR without redaction.

Sincerely, Nay Lanni g Depu y Director in etions Millstone Special s Oflice - NRR Docket No. 50-245 License No. DPR-21

Mr. M. L Bowling 3

i cc:

B. Kenyon, President and Chief Executive Officer - Nuclear Group I

M. H. Brothers, Vice President - Operations L

J. McElwain, Unit 1 Recovery Officer J. Streeter, Recovery Officer - Nuclear Oversight G. D. Hicks, Unit Director - Millstone Unit 3 I

J. A. Price, Unit Director - Millstone Unit 2 D. Amerine, Vice President - Human Services E. Harkness, Director, Unit 1 Operations..

J. Althouse, Manager - Nuclear Training Assessment Group l

F. C. Rothen, Vice President, Work Sennces S. J. Sherman, Audits and Evaluation L. M. Cuoco, Esquire J. R. Egan, Esquire V. Juliano, Waterford Library J. Buckingham, Department of Public Utility Control S. B. Comley, We The People State of Connecticut SLO Designee D. Katz, Citizens Awareness Network (CAN) j R. Bassilakis, CAN l

J. M. Block, Attorney, CAN j

S. P. Luxton, Citizens Regulatory Commission (CRC)

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Representative T. Concannon E. Woollacott, Co-Chairman, NEAC 1

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Mr. M. L. Bowling 4

Distribution:

Region i Docket Room (with eggy of concurrences)

Nuclear Safety Information Center (NSIC)

PUBLIC FILE CENTER, NRR (with Orioinal concurrences)

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SPO Secretarial File, Region i NRC Resident inspector OE (2).

B. Jones, PIMB/ DISP W. Lanning, Deputy Director of Inspections, SPO, RI D. Screnci, PAO W. Travers, Director, SPO, NRR B. Letts, 01, RI K. Monroe, 01, RI D. Holody, ORA Distribution: (VIA E-MAIL)

J. Andersen, PM, SPO, NRR M. Callahan, OCA R. Correia, NRR B. McCabe, OEDO S. Dembek, PM, SPO, NRR E. Imbro, Deputy Director of ICAVP Oversight, SPO, NRR D. Mcdonald, PM, SPO, NRR P. McKee, Deputy Director of Licencing, SPO, NRR S. Reynolds, Chief, ICAVP Oversight, SPO, NRR D. Screnci, PAO Inspection Program Branch (IPAS)

J. Liebemlan, OE (OEMAIL)

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