IR 05000346/2022091
| ML23025A407 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse  |
| Issue date: | 02/10/2023 |
| From: | Julio Lara NRC/RGN-III/DORS |
| To: | Tony Brown Energy Harbor Nuclear Corp |
| References | |
| EA-23-002 IR 2022091 | |
| Download: ML23025A407 (1) | |
Text
SUBJECT:
DAVIS-BESSE NUCLEAR POWER STATION - NRC INSPECTION REPORT 05000346/2022091 AND APPARENT VIOLATION
Dear Terry Brown:
This letter refers to the inspection conducted at your Davis-Besse Nuclear Power Station facility from November 27, 2022 through December 3, 2022, by the U.S. Nuclear Regulatory Commission's (NRC) Region III office. The purpose of the Biennial Licensed Operator Requalification inspection was to examine activities conducted under your license as they relate to safety and compliance with Title 10 of the Code of Federal Regulations (10 CFR) Part 55 and with the conditions in your license. Within these areas, the inspection consisted of an examination of selected procedures and representative records, observations of activities, and interviews with personnel. The inspectors discussed the preliminary inspection findings with C. Jackson, General Plant Manager, of your staff at the conclusion of the on-site portion of the inspection. A final exit briefing was conducted (telephonically) with you and members of your staff on January 18, 2023.
Based on results of the investigation, the NRC identified one apparent violation that is being considered for escalated enforcement action in accordance with the NRCs Enforcement Policy. The current Enforcement Policy is included on the NRCs website at http://www.nrc.gov/about-nrc/regulatory/enforcement/enforce-pol.html. During the inspection, the NRC identified an apparent violation involving failure of the facility licensee to ensure that an individual operating the controls of the facility was licensed as required in 10 CFR Part 50.54(i) and provided in 10 CFR Parts 55.53 and 55.59. The circumstances surrounding the apparent violation, the significance of the issue, and the need for lasting and effective corrective action were discussed with you and members of your staff at the inspection exit meeting on January 18, 2023.
In addition, since your facility has not been the subject of escalated enforcement actions within the last 2 years, and based on our understanding of your corrective actions, a civil penalty may not be warranted in accordance with section 2.3.4 of the Enforcement Policy. The final decision will be based on you confirming on the license docket that the corrective actions previously described to the NRC staff have been or are being taken.
February 10, 2023 Before the NRC makes its enforcement decision, we are providing you with the opportunity to:
(1) provide a written response to the apparent violation addressed in this inspection report within 30 days of the date of this letter, or (2) request a Predecisional Enforcement Conference (PEC).
If a PEC is held, the NRC will issue a press release to announce the time and date of the conference. A PEC should be held within 30 days of the date of this letter.
If you choose to provide a written response, it should be clearly marked as a Response to Apparent Violation in NRC Inspection Report 05000346/2022091; EA-23-002, and should include: (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; and (4) the date when full compliance will be achieved. Your response may reference or include previously docketed correspondence if the correspondence adequately addresses the required response. Additionally, your response should be sent to the NRCs Document Control Center, with a copy mailed to Julio Lara, Director, Division of Operating Reactor Safety, Region III, U.S. Nuclear Regulatory Commission, Suite 210, 2443 Warrenville Road, Lisle, IL 60532-4352, within 30 days of the date of this letter. 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 PEC.
If you choose to request a PEC, the conference will afford you the opportunity to provide your perspective on these matters and any other information that you believe the NRC should take into consideration before making an enforcement decision. The decision to hold a PEC does not mean that the NRC has determined that a violation has occurred or that enforcement action will be taken. This conference would be conducted to obtain information to assist the NRC in making an enforcement decision. The topics discussed during the conference may include: (1) information to determine whether the violation occurred; (2) information to determine the significance of the violation; (3) information related to the identification of the violation; and (4) information related to any corrective actions taken or planned.
Please contact April Nguyen at 630-829-9587 within 10 days from the issue date of this letter to notify the NRC of how you intend to respond to the apparent violation.
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 2.390 of the NRC's "Rules of Practice," a copy of this letter, its enclosure(s), and your response, if you choose to provide one, will be made available electronically for public inspection in the NRC Public Document Room or from the NRCs Agencywide Documents Access and Management System (ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. To the extent possible, your response should not include any personal privacy, proprietary, or safeguards information so that it can be made available to the Public without redaction.
If you have any questions concerning this matter, please contact Ms. April Nguyen of my staff at 630-829-9587.
Sincerely, Julio Lara, Director Division of Operating Reactor Safety Docket No. 50-346 License No. NPF-3 Enclosure:
Inspection Report
cc: Distribution via LISTSERV
Kozal, Jason signing on behalf
of Lara, Julio
on 02/10/23