IR 05000397/2008008

NRC Inspection Report 05000397/2008008, Investigation Report 4-2008-003, and Notice of Violation

ML081570429
Person / Time
Site:	Columbia
Issue date:	06/05/2008
From:	Caniano R J Division of Reactor Safety IV
To:	Parrish J V Energy Northwest
References
4-2008-003, EA-08-145, FOIA/PA-2010-0245 IR-08-008
Preceding documents:	ML101600241 (9 June 2010)
Download: ML081570429 (7)

Text

June 5, 2008

EA-08-145

J. (Mail Drop 1023) Chief Executive Officer Energy Northwest P.O. Box 968 Richland, WA 99352-0968

SUBJECT: COLUMBIA GENERATING STATION - NRC INSPECTION REPORT 05000397/2008008, INVESTIGATION REPORT 4-2008-003, AND NOTICE OF VIOLATION

Dear Mr. Parrish:

This refers to the subject investigation and in-office inspection which was completed on May 13, 2008. The investigation was conducted by the Nuclear Regulatory Commission's (NRC) Office of Investigation, and an in-office inspection examined the events documented in your Condition Report CR 2-07-06293 regarding the failure of a licensee employee to follow procedural requirements at your Columbia Generating Station. The findings were discussed with Mr. J. Frisco, Plant General Manager, and other members of your staff during a telephonic exit meeting on May 13, 2008.

The NRC has determined that a violation of NRC requirements occurred. The violation was evaluated in accordance with the NRC Enforcement Policy included on the NRC's website at www.nrc.gov/about-nrc/regulatory/enforcement.html

. The violation is cited in the enclosed Notice of Violation (Notice) and the circumstances surrounding it are described in detail in this letter, which serves as the inspection report. The violation involves a licensee employee who, while working on replacement of the high pressure core spray pump, directed contract employees to reach across a contaminated area boundary without radiation protection approval.

On September 26, 2007, the licensee informed the NRC of this matter. Based on the NRC's subsequent investigation and inspection, the NRC concluded that the project manager's failure to follow procedural requirements was deliberate. Our conclusion was based on the fact that the project manager was reminded by contract workers that they were not to reach across the boundary without radiation protection approval. The project manager told them to do it anyway and he would take responsibility for it. The project manager also admitted to having knowledge and understanding of the procedural requirements. Energy Northwest - 2 - EA-08-145 Wilful violations are, by definition, of concern to the NRC because its regulatory program is based on licensees and its employees acting with integrity. In this case, the project manager directed others to reach across the contamination boundary even after the workers reminded him that doing so was not in accordance with the procedure requirements. However, the NRC recognizes the very low underlying safety significance of the violation, in that the contamination levels were low and no contamination of personnel occurred. In addition, the NRC acknowledges the disciplinary actions taken by your staff. Therefore, this violation has been categorized at Severity Level IV in accordance with the NRC Enforcement Policy. In accordance with Section VI.A.1 of the NRC Enforcement Policy, this violation is being cited in the Notice because it involved the acts of a licensee official.

You are required to respond to this letter and should follow the instructions specified in the enclosed Notice when preparing your response. The NRC will use your response, in part, to determine whether further enforcement action is necessary to ensure compliance with regulatory requirements.

In accordance with 10 CFR 2.390 of the NRC's "Rules of Practice," a copy of this letter, its enclosure, 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 NRC's document system (ADAMS), accessible from the NRC website at 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.

Sincerely,/RA/ Roy Caniano, Director Division of Reactor Safety Docket: 50-397 License: NPF-21

Enclosure:

Notice of Violation

cc w/enclosure: Chairman Energy Facility Site Evaluation Council P.O. Box 43172 Olympia, WA 98504-3172

Energy Northwest - 3 - EA-08-145 Gregory V. Cullen Manager, Regulatory Programs Energy Northwest P.O. Box 968, Mail Drop PE20 Richland, WA 99352-0968 Chairman Benton County Board of Commissioners P.O. Box 190 Prosser, WA 99350-0190 William A. Horin, Esq. Winston & Strawn 1700 K Street, NW Washington, DC 20006-3817

Matt Steuerwalt Executive Policy Division Office of the Governor P.O. Box 43113 Olympia, WA 98504-3113 Lynn Albin Washington State Department of Health P.O. Box 7827 Olympia, WA 98504-7827 Technical Services Branch Chief FEMA Region X 130 228th Street S.W.

Bothell, WA 98201-9796 Ken Niles Assistant Director Nuclear Safety and Energy Siting Division Oregon Department of Energy 625 Marion Street NE Salem, OR 97301-3742 Special Hazards Program Manager Washington Emergency Management Division 127 W. Clark Street Pasco, WA 99301

Energy Northwest - 4 - EA-08-145 Mike Hammond Department of Homeland Security FEMA/REP 130 228th Street S.W. Bothell, WA 98201-9796

Energy Northwest - 5 - EA-08-145 Electronic distribution by RIV: DRS Deputy Director (Troy.Pruett@nrc.gov) Senior Resident Inspector (Zachary.Dunham@nrc.gov) Branch Chief, DRP/A (Claude.Johnson@nrc.gov) Senior Project Engineer, DRP/A (Thomas.Farnholtz@nrc.gov) Team Leader, DRP/TSS (Chuck.Paulk@nrc.gov) J. Adams, OEDO RIV Coordinator (John.Adams@nrc.gov) P. Lougheed, OEDO RIV Coordinator (Patricia.Lougheed@nrc.gov) ROPreports Columbia Site Secretary (Crystal.Myers@nrc.gov) Electronic distribution by RIV: RIDSOEMAILCENTER RIDSNRROD

Regional Administrator (EEC) Nick.Hilton@nrc.gov Russ.Barnes@nrc.gov DRP Director (DDC) R4ALLEGATION Karla.Fuller@nrc.gov DRS Director (RJC1) David.Furst@nrc.gov Stewart.Magruder@nrc.gov DRS STA (DAP) Bill.Maier@nrc.gov Douglas.Starkey@nrc.gov Anton.Vegel@nrc.gov John.Wray@nrc.gov Christi.Maier@nrc.gov Michael.Shannon@nrc.gov Micharel.Vasquez@nrc.gov Cynthia.Carpenter@nrc.gov Crystal.Holland@nrc.gov Victor.Dricks@nrc.gov Alexander.Sapountzis@nrc.gov Marissa.Herrera@nrc.gov MaryAnn.Ashley@nrc.gov

SUNSI Review Completed: ___MPS ADAMS: Yes No Initials: __MPS____ Publicly Available Non-Publicly Available Sensitive Non-Sensitive HP:PSB C:PSB ACES C:PBA DLStearns:lar MPShannon GMVasquez CEJohnson /RA/ /RA/ /RA/ /RA/

5/19/08 5/20/08 5/30/08 6/2/08 OE D:DRS NHilton RJCaniano ASapountzis for /RA/

6/2/08 6/5/08 OFFICIAL RECORD COPY T=Telephone E=E-mail F=Fax Enclosure NOTICE OF VIOLATION

Energy Northwest Docket No. 50-397 Columbia Generating Station License No. NPF-21 EA-08-145 During an NRC investigation and subsequent in-office inspection completed on May 13, 2008, a violation of NRC requirements was identified. In accordance with the NRC Enforcement Policy, the violation is listed below:

Technical Specification 5.4.1.a states, that written procedures shall be established, implemented, and maintained covering the applicable procedures recommended in Regulatory Guide 1.33, Revision 2, Appendix A, February 1978. Regulatory Guide 1.33, Appendix A, Section 7.e (1), specifies procedures for "Access Control to Radiation Areas Including a Radiation Work Permit System."

Columbia Generating Station Procedure GEN-RPP-04, "Entry into, Conduct in, and Exit from Radiologically Controlled Areas," Revision 14, states, in part, "Do not reach over, or cross contaminated area boundaries without RP approval."

Contrary to the above, during repair of the HPCS-P-1 flange on June 16, 2007, a project manager instructed plant workers to reach across a contamination boundary without radiation protection approval.

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

Pursuant to the provisions of 10 CFR 2.201, Energy Northwest is hereby required to submit a written statement or explanation to the U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, DC 20555-0001 with a copy to the Regional Administrator, Region IV, and a copy to the NRC Resident Inspector at the facility that is the subject of this Notice of Violation, within 30 days of the date of the letter transmitting this Notice. This reply should be clearly marked as a "Reply to a Notice of Violation, EA-08-145," and should include: (1) the reason for the violation, or, if contested, the basis for disputing the violation or severity level, (2) the corrective steps that have been taken and the results achieved, (3) the corrective steps that will be taken to avoid further violations, 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. If an adequate reply is not received within the time specified in this Notice, an Order or a Demand for Information may be issued as to why the license should not be modified, suspended, or revoked, or why such other action as may be proper should not be taken. Where good cause is shown, consideration will be given to extending the response time.

If you contest this enforcement action, you should also provide a copy of your response, with the basis for your denial, to the Director, Office of Enforcement, United States Nuclear Regulatory Commission, Washington, DC 20555-0001. Enclosure Because your response will be made available electronically for public inspection in the NRC Public Document Room or from the NRC's document system (ADAMS), accessible from the NRC website at www.nrc.gov/reading-rm/adams.html, to the extent possible, it should not include any personal privacy, proprietary, or safeguards information so that it can be made available to the public without redaction. If personal privacy or proprietary information is necessary to provide an acceptable response, then please provide a bracketed copy of your response that identifies the information that should be protected and a redacted copy of your response that deletes such information. If you request withholding of such material, you must specifically identify the portions of your response that you seek to have withheld and provide in detail the bases for your claim of withholding (e.g., explain why the disclosure of information will create an unwarranted invasion of personal privacy or provide the information required by 10 CFR 2.390(b) to support a request for withholding confidential commercial or financial information). If safeguards information is necessary to provide an acceptable response, please provide the level of protection described in 10 CFR 73.21.

In accordance with 10 CFR 19.11, you are required to post this Notice of Violation within two working days.

Dated this 5th day of June 2008