IA-20-020, Mr. Blankenship Withdrawal NOV IA-20-020 and OI 2-2016-042
| ML21182A105 | |
| Person / Time | |
|---|---|
| Site: | Watts Bar  |
| Issue date: | 07/23/2021 |
| From: | Mark Lombard NRC/OE |
| To: | Blankenship T Tennessee Valley Authority |
| Gulla G | |
| Shared Package | |
| ML21182A135 | List: |
| References | |
| 2-2016-042, IA-20-020 | |
| Download: ML21182A105 (2) | |
Text
July 23, 2021 IA-20-020 Mr. Todd Blankenship
[Home Address Deleted Under 10 CFR 2.390]
SUBJECT:
WITHDRAWAL OF NOTICE OF VIOLATION (IA-20-020)
Dear Mr. Blankenship:
This refers to the investigation completed on May 17, 2019, by the U.S. Nuclear Regulatory Commissions (NRC) Office of Investigations (OI) at Tennessee Valley Authoritys (TVA) Watts Bar Nuclear (WBN) Plant. The purpose of the investigation was to determine whether TVA employees deliberately submitted incomplete and inaccurate information to the NRC and whether TVA employees deliberately violated plant procedures. The investigation was also related to your actions as an NRC-licensed reactor operator at WBN Unit 1 during a November 11, 2015, reactor startup and pressurizer water level excursion event.
As a result of the investigation, the NRC provided you the opportunity to attend a closed, predecisional enforcement conference (PEC) to discuss an apparent violation of regulatory requirements, its causes, and your corrective actions. The NRC held a closed PEC with you via videoconference on July 14, 2020.
On November 6, 2020, the NRC issued to you a Notice of Violation, Nuclear Regulatory Commission Office of Investigations Report No. 2-2016-042 (Notice or NOV) (Agencywide Documents Access and Management System (ADAMS), Accession No. ML20310A416). The Notice documented your failure to follow TVA Procedure NPG-OPDP-1, Conduct of Operations, on November 11, 2015. In summary, when faced with an emerging issue, you did not practice conservative decision making by proceeding in the face of uncertainty, by not verifying and validating available information, and by placing schedule adherence and production ahead of safety of the facility.
In a written response to the Notice, dated December 7, 2020, you contested the Notice (ADAMS Accession No. ML21008A457) and requested that the NRC withdraw the violation, for reasons specified in your response.
After considering the evidence, PEC transcripts, and your written response to the NOV, the NRC has reconsidered your NOV. The evidence shows that during the heatup on November 11, 2015, you took actions consistent with NPG-OPDP-1 when you raised concerns to both the shift manager and unit supervisor regarding the use of excess letdown alone to control pressurizer level. Those concerns were discussed both inside the main control room (MCR) and in the Outage Control Center (OCC) for a substantial period of time. You also indicated that, when you were subsequently directed to proceed with the heatup and agreed to
do so, you understood that engineering had been consulted regarding the capacity of excess letdown. The NRC continues to believe that consistent with NPG-OPDP-1 and your training as a licensed operator, you could have done more, such as requesting a simulator run, logging your objections, or even requesting to be relieved from your duty station. However, given the actions you took during the heatup, the explanations you were provided, and the circumstances surrounding the work environment existing at WBN during the fall of 2015, the NRC has determined that it is appropriate to withdraw the NOV issued to you on November 6, 2020.
You are not required to respond to this letter. However, should you choose to respond, your response should be sent to the U.S. Nuclear Regulatory Commission, ATTN: Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, One White Flint North, 11555 Rockville, MD 20852-2738, with a copy to the U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, DC 20555-0001. You may contact Nick Hilton of my staff at ndh@nrc.gov if you have any questions.
In accordance with 10 CFR, Section 2.390, of the NRC's Rules of Practice, a copy of this letter will be made available electronically for public inspection in the NRC Public Document Room and from the NRCs Agencywide Document Access and Management System (ADAMS),
accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html.
Sincerely, Mark Lombard, Director Office of Enforcement CERTIFIED MAIL RETURN RECEIPT REQUESTED Mark D.
Lombard Digitally signed by Mark D. Lombard Date: 2021.07.23 07:19:09 -04'00'
ML21182A105 OFFICE RII OE OE OGC/NLO OE:D NAME SSparks NHilton GGulla MSimon MLombard SIGNATURE SES NDH GJG MJS ML DATE 7/15/21 7/15/21 7/19/21 7/16/21 7/23/21