ML20248B093

Notice of Violation from Insp on 980415-0508.Violation Noted:Ffd Program Was Not Appropriately Implemented

ML20248B093
Person / Time
Site:	Byron
Issue date:	05/26/1998
From:	NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To:
Shared Package
ML20248B091	List: IR 05000454/1998013 ML20248B088 ML20248B093
References
50-454-98-13, 50-455-98-13, NUDOCS 9806010179
Download: ML20248B093 (2)

Text

- _ _ - - - _ _ - _ . _ _ - _ _ _ __ __ __

l NOTICE OF VIOLATION Commonwealth Edison Company Docket Nos. 50-454;50-455 Byron Station, Units 1 and 2 License Nos. NPF-37; NPF-66 ,

i During an NRC inspection conducted on April 15 to May 8,1998, a violation of NRC l requirements was identified. In accordance with NUREG-1600," General Statement of Policy i and Procedure for NRC Enforcement Actions," the violation is listed below:

10 CFR 26.20 requires each licensee to establish and implement written policies and

- procedures designed to meet the general performance objectives and specific requirements of 10 CFR Part 26.

Section 5.2.2 of licensee Corporate Nuclear Security Guideline No. 207, " Testing For Cause", Revision 10, effective April 18,1997, states that after the supervisor becomes aware that the individual's fitness is questionable, the supervisor shall immediately remove the individual from work activities. The individual shall be escorted at all times until the concem is satisfactorily resolved or until the individual exits the protected area.

Section 5.6.5 of licensee Corporate Nuclear Guideline No. 200, " Comed FITNESS FOR DUTY PROGRAM". Revision 7, effective July 7,1997, states that testing For Cause is required as soon as possible... after the odor of alcohol has been detected on an individual and confirmed by a management employee trained in FFD Supervisor responsibilities.

Section 5.5.1 of licensee Corporate Nuclear Guideline No. 200, " Comed FITNESS FOR DUTY PROGRAM", Revision 7, effective July 7,1997, states that Fitness For Duty (FFD) requirements apply equally to each person covered by the program, regardless of their title or position.... Individual responsibilities include:... Reporting to their. supervisor instances of violation of the Fitness For Duty policy and/or procedures which might adversely impact safe operation and maintenance of the station."

Section 5.3.1 of licensee Corporate Nuclear Security Guideline No. 207, " Testing For Cause", Revision 10, effective April 18,1997, states that when a supervisor is concemed that an employee may not be fit for duty, the supervisor shall ask the employee to explain why they appear not to be in condition to work.... Document the event and the interview and notify the department head.

Contrary to the above, the Fitness-For-Duty (FFD) program was not appropriately implemented. On May 22,1997, a supervisor was advised that the odor of alcohol had been detected on an individual working on his shift and the supervisor did not evaluate the individual, remove the individual from work activities, escort the individual at all times, or request For-Cause FFD testing until approximately one and a half hours after being advised. In late December 1997 (exact date could not be determined) an individual detected the odor of alcohol on an coworker's breath, but did not report this to a supervisor until a couple of hours later. The required documented record of a FFD l- evaluation performed by the supervisor was not completed.

This is a Severity Level IV violation (Supplement Vil).

~

9006010179 980526 PDR ADOCK 05000454 G PDR .

I Notice of Violation 2 The NRC has concluded that information regarding the reason for the violation, the corrective -

actions taken and planned to corrcet the violation and prevent recurrence and the date full

. compliance will be achieved is already adequately addressed on the docket for the Byron station and the Nuclear Generaton Group (NGG) in Attachment A to Comed letter ZRA97051, from John C.' Brons, Site Vice President, Zion Generating Station to James Lieberman, Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, Rockville, MD,29852-2738, "_ Reply to Notice of Violation and Proposed imposition of Civil Penalties - $110,000 (NRC

- Special Inspection Report No. 50-295/304-97017); Zion Generating Station (EA 97-249:

-January 1998. dated February 13,1998. However, you are required to submit a written statement or explanation pursuant to 10 CFR 2.201 if the description therein does not accurately reflect your corrective actions or your position in that case, or if you choose to respond, clearly mark your response as a

• Reply to a Notice of Violation," and send it to the U.

S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, D. C. 20555 with a copy to the Regiona! Administrator, Region Ill, 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 ef Violation (Notice).-

if you contest this enforcement action, you should also provide a copy of your response to the Director, Office of Enforcement, United States Nuclear Regulatory Commission, Washington, DC 20555-0001.

Dated at Lisle, Illinois this 26th day of May 1998

..