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The actions of the non-licensed operator vThe actions of the non-licensed operator violated Nine Mile Point Unit 2 Technical Specifications Section 5.4.1, which caused Constellation to be in violation of its license conditions and NRC requirements. This section states, in part, that written procedures shall be established, implemented, and maintained covering the following activities: the applicable procedures recommended in Regulatory Guide 1.33, Revision 2, Appendix A, February 1978. Section 7.e of Appendix A of Regulatory Guide 1.33, Revision 2, lists procedures for radiation protection contamination control and radiation protection - personnel monitoring. Licensee procedure GAP-RPP-O1, Radiation Protection Program, Revision 01900, Section 3.5.2.d states, in part: To control personnel contamination, Radiation Protection should establish and maintain personnel monitoring areas at various locations throughout the RCA, and at exits from the RCA, as determined by RP Supervision. Personnel shall monitor themselves for contamination upon exiting the RCA and other RCAs as specified by RP Supervision, in a WBCM. Contrary to the above, on April 15,2010, Constellation identified that a non-licensed operator exited the RCA without first monitoring himself for contamination in a WBCM. Specifically, the non-licensed operator admitted he exited the RCA without using the WBCM in order to avoid a long line waiting to use the monitor. Later, when attempting to leave the site, the operator alarmed a portal monitor, due to contamination on his clothing. Although Constellation was initially unaware that the non-licensed operator exited the RCA without using the WBCM, Constellation is responsible for the actions of its employees. Because you are responsible for the actions of your employees, and because the violation involved deliberate misconduct, the violation was evaluated under the NRC\\\'s traditional enforcement process as set forth in Section 2.2.4 of the NRC Enforcement Policy. After considering the low level of contamination found, that no contamination left the site, and the violation was not repetitive, the NRC has categorized it at Severity Level lV in accordance with the NRC Enforcement Policy. Because this violation was of very low safety significance and was entered into Nine Mile Point\\\'s corrective action program, this violation is being treated as a non-cited violation (NCV), consistent with Section 2.3.2 of the NRC Enforcement Policy (NCV 05000410/2010008-01, Deliberately Failing to Use a Whole Body Contamination Monitor When Exiting the Radiologically Controlled Area). The current NRC Enforcement Policy is included on the NRC\\\'s website at http.//www.nrc.qov; select About NRC, Regulation, Enforcement, then, Enforcement Policyion, Enforcement, then, Enforcement Policy  
23:59:59, 31 December 2010  +
05000220  +  and 05000410  +
23:59:59, 31 December 2010  +
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04:16:37, 22 February 2018  +
23:59:59, 31 December 2010  +
Deliberately Failing to Use a Whole Body Contamination monitor When Exiting the Radiologically Controlled Area  +