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{{Adams
| number = ML16341F526
| issue date = 02/02/1990
| title = Discusses Insp Repts 50-275/89-29 & 50-323/89-29 on 891120-22 & Forwards Notice of Violation
| author name = Martin J
| author affiliation = NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION V)
| addressee name = Shiffer J
| addressee affiliation = PACIFIC GAS & ELECTRIC CO.
| docket = 05000275, 05000323
| license number =
| contact person =
| document report number = EA-89-240, NUDOCS 9002070436
| package number = ML16341F527
| document type = CORRESPONDENCE-LETTERS, NRC TO UTILITY, OUTGOING CORRESPONDENCE
| page count = 6
}}
See also: [[see also::IR 05000275/1989029]]

=Text=
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UNITED STATES
NUCLEAR REGULATORY COMMISSION
REGION V
1150 MARIALANE,SUITE 210
~
WALNUTCREEK, CALIFORNIASl596
i
i
Docket Nos.
50-275
and 50-323
FEB
.g
License
Nos.
DPR 80 and
DPR 82
EA 89-240
Pacific Gas
and Electric Company
ATTN:
Mr. J.
D. Shiffer, Senior Vice President
and General
Manager,
Nuclear
Power Generation
77 Beale Street,
Room 1451
San Francisco,
California
94106
Gentlemen:
SUBJECT:
NOTICE OF VIOLATION (NRC INSPECTION
REPORT
NOS.
50-275/89-29
and
50-323/89-29)
This refers to the Nuclear Regulatory
Commission inspection
conducted
on
November 20-22,
1989 at Diablo Canyon.
The inspection included
a review of the
circumstances
surrounding the assumption,
from September
1, 1988 to January
6,
'1989,
of senior licensed operator duties by a formerly licensed senior operator.
The staffinq policies for the position referred to in the Technical Specifica-
tions as Shrift Supervisor
were also reviewed.
The report documenting this
inspection
was sent to you by letter dated
December
14, 1989.
As a result of
this inspection
a significant failure to comply with NRC regulatory require-
ments
was ident>fied',
and accordingly,
NRC concerns relative to the inspection
findings were discussed
in an Enforcement
Conference
held on December
19,
1989.
The summary of the Enforcement
Conference
was sent to you by letter dated
December 28, 1989.
You provided
a clarification of PG8E
s position as discussed
during the Fnforcement
Conference
in a letter dated January
5, 1990.
The violation described in the enclosed
Notice of Violation (Notice) involved
a formerly licensed senior operator
assigned to the shift supervisor position
with responsibilities for directing overall plant operation
from September
1,
1988 to January 6, 1989.
We recognize that you created
the position you term
shift supervisor in January
1988 to improve safety of operations
by the addition
of an on shift management
position and that the required
minimum numbers of
licensed senior operators
and operators
were always assigned
to the
common control
room.
We also recognize that the operator at issue
was experienced
and
he
questioned
the assignment,
but the Assistant Plant Manager inadequately
resolved
the matter by changing the shift. supervisors activities in certain cases.
How-
ever,
10. CFR 50;54(m)(2)(ii) requires that there
be
a person holding a Senior
Reactor Operator License for,all fueled units at the site,
assigned
responsi-
bility for overall plant operations at all times.
Technical Specification 6.2.2
implements that requirement
by designating
the Shift Supervior position,
as
requiring a Senior Reactor Operator license.
The importance of holding a
senior operator
license fo'r the Diablo Canyon Shift Supervisor position, which
intervenes
between
the Operations
Manager
and the on duty shift organization,
flows from the fact that these individuals have overall plant responsibility,
emergency
on shift duties,
and both Unit's Shift Foreman report directly to
them in the performance of their duties.
We further note that the other five
9 0 c'> Q P o g3 4
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t

Pacific Gas
and Electric Company
FEB
2 )ggp
shift supervisors
were granted credit for performinq licensed duties
by your
training organization for the purpose of license maintenance.
Me cannot,
therefore,
distinguish between individuals in this position performing licensed
and non-licensed activities.
In accordance
with the "General
Statement
of Policy and Procedure for NRC
Enforcement Actions," 10
CFR Part 2, Appendix
C (1989), the violation described
in the enclosed
Notice has
been categorized
as
a Severity Level III violation.
A civil penalty is normally proposed .for a Severity Level III violation.
However
after consultation with the Director, Office of Enforcement,
and the Deputy
Executive Director for Nuclear Material Safety, Safeguards,
and Operations
Support, I have decided that a civil penalty will not be proposed in this case
because
of your corrective action and general
good overall past performance.
No other factors were
deemed appropriate for the purposes
of this enforcement
action.
Mith regard to our previous concerns with your staffing policy, you indicated
during the enforcement
conference that station administrative procedures
would
be revised to better define the relationship
between the Shift Supervisor
(SS)
and Shift Foreman
(SFM) for the Control
Room
Command function.
Additionally,
the annual
V. P. letter to all station personnel will explain the
SS/SFM roles.
Me have
no further concerns
for this issue
upon completion of these actions.
You are required to respond to this letter and should follow the instruction
specified in the enclosed
Notice when preparing your. response.
In your
response,
you should document the specific actions
taken
and any additional
actions you plan to prevent recurrence.
After reviewing your response
to the
Notice, including your proposed corrective actions
and results of future
inspections,
the
NRC will determine
whether further
NRC enforcement action is
necessary
to ensure
compliance with NRC regulatory requirements.
In accordance
with Section 2.790 of the NRC's "Rules of Practice," Part 2,
Title 10,
Code of Federal
Regulations,
a copy of this letter and its
enclosure will be placed in the
NRC Public Document
Room.
The responses
directed
by this letter and the enclosed
Notice are not subject
to the clearance
procedures
of the Office of Management
and Budget as
required by the Paperwork Reduction Action of 1980,
Pub.
L. No. 95-511.
cere
Enclosure:
Notice of Violation
John
B. Martin
Regional Administrator
cc w/enclosure:
J.
A. Sexton,
PG8E
J.
D. Townsend,
PG&E (Diablo Canyon)
R.
F.
Locke,
PG&E
D. Taggart,
PG&E (Diablo Canyon)
T.
L. Grebel,
PG&E (Diablo Canyon)
News Services,
PG&E (Diablo Canyon)
State of California

Pacific Gas
and Electric Company
DISTRIBUTION:,
SECY
CA
JTaylor,
EDO
HThompson,
DEDS'Lieberman,OE
JBMar tin,
RV
JGoldberg,
OGC
TMurley,
NRR
JPartlow,
NRR
Enforcement Coordinators
RI, RII, 'RIII, RIV,
RV
Resident Inspector
Project Manager
GCook,
RV
BFaulkenberry,
RV
NWestern,
RV
FIngram,
GPA/PA
BHayes,
OI
EJordan,
AEOD
WTroskoski,. OE
OE; Chron
OE: EA
DCS
bcc w/enclosure:
Docket File
Resident
Inspector
=Project Inspector
G.
Cook
'B. Faulkenberry
J. Martin
R. Nease,
NRR
M. Smith.
J. Zollicoffer
A. Johnson
N. Western
LNiller
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}}

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