ML15089A393

IR 05000285/2015010; and Notice of Violation; 11/17/2014 - 03/05/2015; Fort Calhoun Station, Licensed Operator Requalification

ML15089A393
Person / Time
Site:	Fort Calhoun
Issue date:	03/30/2015
From:	Vincent Gaddy Operations Branch IV
To:	Cortopassi L Omaha Public Power District
References
EA-15-020 IR 2015010
Download: ML15089A393 (15)

See also: IR 05000285/2015010

Text

UNITED STATES

NUCLEAR REGULATORY COMMISSION

REGION IV

1600 E. LAMAR BLVD

ARLINGTON, TX 76011-4511

March 30, 2015

EA-15-020

Lou Cortopassi, Vice President

and Chief Nuclear Officer

Omaha Public Power District

Fort Calhoun Station FC-2-4

P.O. Box 550

Fort Calhoun, NE 68023-0550

SUBJECT: FORT CALHOUN STATION - NRC LICENSED OPERATOR

REQUALIFICATION INSPECTION 05000285/2015010 AND NOTICE OF

VIOLATION

Dear Mr. Cortopassi:

On March 5, 2015, the U.S. Nuclear Regulatory Commission (NRC) completed an inspection at

your Fort Calhoun Station to review the circumstances surrounding your failure to provide

complete and accurate information to the NRC regarding licensed operator medical

examinations. The NRC inspectors discussed the results of this inspection with Mr. Sonny

Dean, Plant Manager, and other members of your staff. Inspectors documented the results of

this inspection in the enclosed inspection report.

The enclosed inspection report discusses a Severity Level IV violation. The NRC evaluated this

violation in accordance Section 2.3.2.a of the NRC Enforcement Policy, which appears on the

NRCs Web site at http://www.nrc.gov/about-nrc/regulatory/enforcement/enforce-pol.html.

Although this violation has been placed in the corrective action program, a Notice of Violation is

being issued and a response is being required for the NRC to better understand: (1) the cause

of the failure to perform complete medical examinations as required, (2) the extent of condition

for the failure to provide complete and accurate information and for the failure to meet the

applicable ANSI standard, and (3) the corrective actions taken and planned at this time to

assure all information submitted to the NRC is complete and accurate in all material respects.

You are required to respond to this letter and should follow the instructions specified in the

enclosed Notice when preparing your response. If you have additional information that you

believe the NRC should consider, you may provide it in your response to the Notice. The NRCs

review of your response to the Notice will also determine whether further enforcement action is

necessary to ensure your compliance with regulatory requirements.

L. Cortopassi -2-

If you contest the violation or significance of the NOV, you should provide a response within

30 days of the date of this inspection report, with the basis for your denial, to the U.S. Nuclear

Regulatory Commission, ATTN: Document Control Desk, Washington DC 20555-0001; with

copies to the Regional Administrator, Region IV; the Director, Office of Enforcement,

U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; and the NRC resident

inspector at the Fort Calhoun Station.

In accordance with Title 10 of the Code of Federal Regulations 2.390, Public Inspections,

Exemptions, Requests for Withholding, of the NRC's "Rules of Practice and Procedure," a copy

of this letter, its enclosure, and your response (if any) will be available electronically for public

inspection in the NRCs Public Document Room or from the Publicly Available Records (PARS)

component of the NRC's Agencywide Documents Access and Management System (ADAMS).

ADAMS is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html (the

Public Electronic Reading Room).

Sincerely,

/RA/ Clyde C. Osterholtz for

Vincent G. Gaddy, Branch Chief

Operations Branch

Division of Reactor Safety

Docket No. 05000285

License No. DPR-40

Enclosures:

1. Notice of Violation

2. Inspection Report 05000285/2015010

w/Attachment: Supplemental Information

cc w/ encl: Electronic Distribution

ML15089A393

SUNSI Review ADAMS Publicly Available Non-Sensitive Keyword: SUNSI Review

By: VGG Yes No Non-Publicly Available Sensitive Complete; NRC-002

OFFICE OE:OB OE:OB C:OB C:RPD C:ACES C:OB

NAME TBuchanan/dch SHedger VGaddy MHay NTaylor VGaddy

SIGNATURE /RA/ /RA/ /RA/ /RA/ /RA/ /RA/CCO for

DATE 3/23/15 3/23/15 3/26/15 3/26/15 3/30/15 3/30/15

Letter to Lou Cortopassi from Vincent G. Gaddy, dated March 30, 2015

SUBJECT: FORT CALHOUN STATION - NRC LICENSED OPERATOR

REQUALIFICATION INSPECTION 05000285/2015010 AND NOTICE OF

VIOLATION

Electronic distribution by RIV:

Regional Administrator (Marc.Dapas@nrc.gov)

Deputy Regional Administrator (Kriss.Kennedy@nrc.gov)

DRP Director (Troy.Pruett@nrc.gov)

Acting DRP Deputy Director (Thomas.Farnholtz@nrc.gov)

DRS Director (Anton.Vegel@nrc.gov)

DRS Deputy Director (Jeff.Clark@nrc.gov)

Senior Resident Inspector (Max.Schneider@nrc.gov)

Resident Inspector (Brian.Cummings@nrc.gov)

FCS Site Administrative Assistant (Janise.Schwee@nrc.gov)

Branch Chief, DRP (Michael.Hay@nrc.gov)

Senior Project Engineer, DRP (Robert.Hagar@nrc.gov)

Project Engineer, DRP (Jan.Tice@nrc.gov)

RIV Public Affairs Officer (Victor.Dricks@nrc.gov)

RIV Public Affairs Officer (Lara.Uselding@nrc.gov)

NRR Project Manager (Fred.Lyon@nrc.gov)

RIV Branch Chief, DRS/TSB (Geoffrey.Miller@nrc.gov)

RIV RITS Coordinator (Marisa.Herrera@nrc.gov)

RIV Regional Counsel (Karla.Fuller@nrc.gov)

Congressional Affairs Officer (Jenny.Weil@nrc.gov)

RIV Congressional Affairs Officer (Angel.Moreno@nrc.gov)

OEWebResource@nrc.gov

OEWEB Resource (Sue.Bogle@nrc.gov)

Technical Support Assistant (Loretta.Williams@nrc.gov)

RIV/ETA: OEDO (Michael.Waters@nrc.gov)

RIV RSLO (Bill.Maier@nrc.gov)

ACES (R4Enforcement.Resource@nrc.gov)

ROPReports

NOTICE OF VIOLATION

Omaha Public Power District Docket No. 50-285

Fort Calhoun Station License No. DPR-40

EA-15-020

During an NRC inspection completed on March 5, 2015, a violation of NRC requirements was

identified. In accordance with the NRC Enforcement Policy, the violation is listed below:

Title 10 of the Code of Federal Regulations (10 CFR) 50.9 requires, in part, that

information provided to the Commission by an applicant for a license or by a licensee or

information required by statue or by the Commissions regulations, orders, or license

conditions to be maintained by the applicant or the licensee shall be complete and

accurate in all material respects.

Title 10 of the Code of Federal Regulations 55.21 requires, in part, that an applicant for a

license shall have a medical examination by a physician and the licensee shall have a

medical examination by a physician every two years. The physician shall determine that

the applicant or licensee meets requirements of Section 55.33(a)(1).

Title 10 of the Code of Federal Regulations 55.33(a)(1) requires, in part, that applicants'

medical condition and general health will not adversely affect the performance of

assigned operator job duties or cause operational errors endangering public health and

safety.

Title 10 of the Code of Federal Regulations 55.23 requires, in part, that to certify the

medical fitness of the applicant, an authorized representative of the facility licensee shall

complete and sign NRC Form 396, Certification of Medical Examination by Facility

Licensee.

Nuclear Regulatory Commission Form 396, when signed by an authorized

representative of the facility licensee, certifies that a physician conducted a medical

examination of the applicant and that the guidance contained in American National

Standards Institute/American Nuclear Society (ANSI/ANS) Standard 3.4-1996, Medical

Certification and Monitoring of Personnel Requiring Operator Licenses for Nuclear

Power Plants, was followed in conducting the examination and making the

determination of medical qualification.

American National Institute/American Nuclear Society Standard 3.4-1996, Section 5.3,

provides specific minimum capacities required for medical qualifications. Section 5.3.1

requires, in part, ability to detect marker gases and products of combustion by

provocation testing.

Contrary to the above, prior to April 3, 2014, the facility licensee provided information to

the NRC that was not complete and accurate in all material respects. Specifically, the

facility licensee had not completed medical examinations of licensed operators in

-1- Enclosure 1

accordance with ANSI/ANS Standard 3.4-1996. The licensee submitted numerous

NRC Forms 396 for renewal of senior reactor operator and reactor operator licenses,

and for initial license applicants, that certified that the applicants met the medical

requirements of ANSI/ANS Standard 3.4-1996 when, in fact, olfactory (combustion

product odor) testing had not been conducted.

This violation is a Severity Level IV violation (Section 6.4).

Pursuant to the provisions of 10 CFR 2.201, Omaha Public Power District 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 Fort Calhoun Station

within 30 days of the date of the letter transmitting this Notice of Violation (Notice). This reply

should be clearly marked as a Reply to Notice of Violation; EA 15-020, 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 previous 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.

Because your response 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 website at

http://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).

Dated this 30th day of March 2015.

-2-

U.S. NUCLEAR REGULATORY COMMISSION

REGION IV

Docket: 05000285

License: DPR-40

Report: 05000285/2015010

Facility: Fort Calhoun Station

Location: 9610 Power Lane

Blair, NE 68008

Dates: November 17, 2014, through March 5, 2015

Inspector(s): T. Buchanan, Operations Engineer

S. Hedger, Operations Engineer

Approved By: Vince G. Gaddy,

Chief, Operations Branch

Division of Reactor Safety

-1- Enclosure 2

SUMMARY

IR 05000285/2015010; 11/17/2014 - 03/05/2015; Fort Calhoun Station, Licensed Operator

Requalification.

The report covered a three-month period of inspection by two region-based inspectors of

licensee and NRC documents in the area of Operator Licensing. NRC inspectors documented

one Severity Level IV violation that was evaluated in accordance with Section 2.3.2.a of the

NRC Enforcement Policy. Although this violation has been placed in the corrective action

program, a Notice of Violation is being issued and a response is being required for the NRC to

better understand: (1) the cause of the failure to perform complete medical examinations as

required, (2) the extent of condition for the failure to provide complete and accurate information

and for the failure to meet the applicable ANSI standard, and (3) the corrective actions taken

and planned at this time to assure all information submitted to the NRC is complete and

accurate in all material respects. The significance of most findings is indicated by their color

(Green, White, Yellow, or Red) using Inspection Manual Chapter 0609, Significance

Determination Process. The cross-cutting aspect is determined using Inspection Manual

Chapter 0310, Components Within the Cross Cutting Areas. Findings for which the

significance determination process does not apply may be Green or be assigned a severity level

after NRC management review. The NRC's program for overseeing the safe operation of

commercial nuclear power reactors is described in NUREG-1649, Reactor Oversight Process,

Revision 4, dated December 2006.

A. NRC-Identified Findings and Self-Revealing Findings

No violations of significance were identified.

B. Licensee-Identified Violations

SL-IV: On April 3, 2014, during performance of a self-assessment, the licensee

identified a Severity Level IV violation of 10 CFR 50.9, Completeness and Accuracy of

Information, for the Fort Calhoun Stations failure to perform combustion order testing

as required in American National Standards Institute Standard 3.4-1996 for physical

examinations of licensed operators and as documented in NRC Form 396, Certification

of Medical Examination by Facility Licensee. Although licensed operators were

subsequently tested and found to have passed the olfactory tests, this failure had

regulatory significance because the incomplete and inaccurate information was provided

under a signed statement to the NRC and impacted numerous licensing decisions.

The failure to maintain information required by the Commissions regulations complete

and accurate in all material respects in accordance with 10 CFR 50.9 was a

performance deficiency. The failure to properly perform medical examinations in

accordance with ANS/ANSI 3.4-1996 as documented on NRC Form 396 was a

performance deficiency and a violation of 10 CFR 50.9, Completeness and Accuracy of

Information. Traditional enforcement applied to this finding because it involved a

violation that impacted the regulatory process. Assessing the violation in accordance

with the Enforcement Policy, the team determined it to be of Severity Level IV because

all the licensed operators subsequently passed the combustion odor testing

-2-

(Enforcement Policy Example 6.4.d.1(c)). A cross-cutting aspect was not assigned as

this was a traditional enforcement violation without an associated reactor oversight

process finding. (Section 1R11)

-3-

REPORT DETAILS

1. REACTOR SAFETY

Cornerstones: Initiating Events, Mitigating Systems, Barrier Integrity, and

Emergency Preparedness

1R11 Licensed Operator Requalification (71111.11B)

.1 Biennial Inspection

a. Inspection Scope

The inspectors reviewed licensee records and related NRC regulations associated with

operator licensing. The inspectors verified licensee actions to comply with medical

standards delineated in American National Standards Institute/American Nuclear Society

(ANSI/ANS) Standard 3.4-1996, Medical Certification and Monitoring of Personnel

Requiring Operator Licenses for Nuclear Power Plants, and with 10 CFR 55.21,

Medical examination; 10 CFR 55.23, Certification; 10 CFR 55.33, Disposition of an

initial application; and 10 CFR 55.53, Conditions of licenses. The inspectors reviewed

Condition Report CR-2014-05108 and its associated corrective actions.

b. Findings

1. Introduction. On April 3, 2014, during performance of a self-assessment, the licensee

identified a Severity Level IV cited violation of 10 CFR 50.9, Completeness and

Accuracy of Information, for the Fort Calhoun Stations failure to perform combustion

order testing as required in American National Standards Institute Standard 3.4-1996 for

physical examinations of licensed operators and as documented in NRC Form 396,

Certification of Medical Examination by Facility Licensee. Although licensed operators

were subsequently tested and found to have passed the olfactory tests, this failure had

regulatory significance because the incomplete and inaccurate information was provided

under a signed statement to the NRC and impacted numerous licensing decisions.

Description. Applicants for licensed reactor operator and senior reactor operator

positions are required to be medically examined as part of the licensees initial operator

license program. Similarly, previously qualified operator licenses expire every six years

and must be renewed to allow the operator to continue to perform license duties. When

a license renewal occurs, the licensee must submit an NRC Form 398, Personal

Qualification Statement - Licensee, and an NRC Form 396, Certification of Medical

Examination by Facility Licensee, (required by 10 CFR 55.21) to the NRC. The NRC

Form 396 certifies, when signed by a senior facility licensee official, that the operator has

been examined by a doctor and meets the medical standards in the ANSI/ANS 3.4

edition specified.

Additionally, Information Notice 2004-20, Recent Issues Associated with NRC Medical

Requirements for Licensed Operators, was issued November 24, 2004, discussing

problems identified in licensees implementation of medical examinations for applicants

-4-

and holders of licensed operators. An example was provided where a facility licensee

identified that some tests specified in the ANSI standard (specifically nose sensitivity and

neurological testing) had not been completed for any of its licensed operators. The

information notice reminded licensees that licensed operators and the personnel who

perform and interpret their medical examinations need to be familiar with the regulatory

requirements and guidelines. Another Information Notice, IN 2009-21, Incomplete

Medical Testing for Licensed Operators, issued September 30, 2009, discusses

additional examples where facility licensees failed to perform all ANSI Standard 3.4

required medical testing, including another example where olfactory testing was not

completed.

On April 3, 2014, while performing a self-assessment, the licensee identified that one

ANSI standard requirement for the physical examination was not being administered as

part of the medical examination. Specifically, ANS/ANSI 3.4-1996, Section 5.3.1,

required operators be able to detect odor of products of combustion. The licensee

documented this condition on Condition Report CR-2014-05108.

By April 25, 2014, all licensed operators assigned to the control room were subjected to

olfactory testing prior to assuming shift responsibilities. All licensed operators submitted

to, and passed, olfactory testing.

During the review of this issue, the licensee determined that there were no records of

testing requirements for products of combustion (olfactory testing) ever being performed.

Prior to April 3, 2014, NRC Region IV issued and renewed numerous operator licenses

based on the NRC Form 396 signed by the facility licensee stating that licensed

operators (and operator license applicants) had received a medical examination

following the criteria provided by ANS/ANSI 3.4-1996. The information provided to the

NRC in the various license renewal applications (and initial license applications) was

material to the NRC licensing action. Because the license applications inappropriately

certified on NRC Form 396 that the requirements of ANS/ANSI Standard 3.4-1996 were

met, licensing actions were taken by NRC Region IV that were incorrect. Because the

licensee failed to provide complete and accurate information to the NRC in the license

renewal applications (and initial license applications), this was identified as a SL-IV

violation of 10 CFR 50.9.

Analysis: The failure to maintain information required by the Commissions regulations

complete and accurate in all material respects in accordance with 10 CFR 50.9 was a

performance deficiency. The failure to properly perform medical examinations in

accordance with ANS/ANSI Standard 3.4-1996 as documented on NRC Form 396 was a

performance deficiency and a violation of 10 CFR 50.9, Completeness and Accuracy of

Information. Traditional enforcement applied to this finding because it involved a

violation that impacted the regulatory process. Assessing the violation in accordance

with the Enforcement Policy, the team determined it to be of Severity Level IV because

all the licensed operators subsequently passed the combustion odor testing

(Enforcement Policy example 6.4.d.1(c)). A cross-cutting aspect was not assigned as

this was a traditional enforcement violation without an associated reactor oversight

process finding.

-5-

Enforcement: Title 10 of the Code of Federal Regulations (10 CFR) 50.9 requires, in

part, that information provided to the Commission by an applicant for a license or by a

licensee or information required by statue or by the Commissions regulations, orders, or

license conditions to be maintained by the applicant or the licensee shall be complete

and accurate in all material respects. Title 10 of the Code of Federal Regulations 55.21

requires, in part, that an applicant for a license shall have a medical examination by a

physician and the licensee shall have a medical examination by a physician every two

years. The physician shall determine that the applicant or licensee meets requirements

of Section 55.33(a)(1). Title 10 of the Code of Federal Regulations 55.33(a)(1) requires,

in part, that applicants medical condition and general health will not adversely affect the

performance of assigned operator job duties or cause operational errors endangering

public health and safety. Title 10 of the Code of Federal Regulations 55.23 requires, in

part, that to certify the medical fitness of the applicant, an authorized representative of

the facility licensee shall complete and sign NRC Form 396, Certification of Medical

Examination by Facility Licensee.

NRC Form 396, when signed by an authorized representative of the facility licensee,

certifies that a physician conducted a medical examination of the applicant and that the

guidance contained in American National Standards Institute/American Nuclear Society

(ANSI/ANS) Standard 3.4-1996, Medical Certification and Monitoring of Personnel

Requiring Operator Licenses for Nuclear Power Plants, was followed in conducting the

examination and making the determination of medical qualification. ANSI/ANS

Standard 3.4-1996, Section 5.3, provides specific minimum capacities required for

medical qualifications. Section 5.3.1 requires, in part, ability to detect marker gases and

products of combustion by provocation testing.

Contrary to the above, prior to April 3, 2014, the facility licensee provided information to

the NRC that was not complete and accurate in all material respects. Specifically, the

facility licensee had not completed medical examinations of licensed operators in

accordance with ANSI/ANS Standard 3.4-1996. The licensee submitted numerous

NRC Forms 396 for renewal of senior reactor operator and reactor operator licenses,

and for initial license applicants, that certified that the applicants met the medical

requirements of ANSI/ANS Standard 3.4-1996 when, in fact, olfactory (combustion

product odor) testing had not been conducted.

After entering the issue into its corrective action program, the licensee performed

the missing olfactory combustion odor testing on all licensed operators. All operators

passed the test prior to returning to licensed duties. Additionally, the licensee is

planning to hire a site nurse who will have cognizance of the ANS/ANSI

Standard 3.4-1996 requirements for the medical examination of licensed operators.

The team determined that no immediate safety concern remained because all operators

had passed the combustion odor test and procedures had been updated to include this

testing requirement.

Although this violation has been placed in the corrective action program, a Notice of

Violation is being issued and a response is being required for the NRC to better

understand: (1) the cause of the failure to perform complete medical examinations as

required, (2) the extent of condition for the failure to provide complete and accurate

-6-

information and for the failure to meet the applicable ANSI standard, and (3) the

corrective actions taken and planned at this time to assure all information submitted to

the NRC is complete and accurate in all material respects: NOV 05000285/2015010-01,

Failure to Provide Complete and Accurate Information on Licensed Operator

Applications.

4. OTHER ACTIVITIES

4OA6 Meetings

Exit Meeting Summary

The inspectors telephonically exited with Mr. S. Dean, Plant Manager, and other members of

the licensee's staff on the results of the licensed operator requalification program inspection on

March 5, 2015. The licensee representatives acknowledged the findings presented. The

inspectors asked the licensee whether any materials examined during the inspection should be

considered proprietary. No proprietary information was identified.

-7-

SUPPLEMENTAL INFORMATION

KEY POINTS OF CONTACT

Licensee Personnel

S. Shea, Operations Training Manager

C. Verdoni, Supervisor, Operations Training (Requalification)

R. Peter, Licensing Coordinator

E. Matzke, Senior Nuclear Licensing Engineer

R. Lowery, Senior Operations Training Instructor

NRC Personnel

M. Schneider, Senior Resident Inspector

LIST OF ITEMS OPENED, CLOSED, AND DISCUSSED

Opened

05000285/2015010-01 NOV Failure to Provide Complete and Accurate Information on Licensed

Operator Applications

A-1 Attachment

LIST OF DOCUMENTS REVIEWED

Section 1R11: Licensed Operator Requalification

Procedures

Number Title Revision

TQ-AA-150 Operator Training Programs 10

OPD-3-11 License Activation and Watchstation Maintenance 19

SO-G-64 Medical Examination Program for Worker Qualification 35

SO-O-42 Notification to the NRC of Licensed Personnel Disability, 8

Permanent Reassignment or Termination

OP-AA-105-102 NRC Active License Maintenance 11

TQ-AA-224 Exelon Nuclear Training - Implementation Phase 8

FC-1300A Instructions for Completing Medical Examinations 6

Miscellaneous

Number Title Date

RA 2013-3620 Focused Area Self-Assessment: 71111.11b Compliance October 31, 2014

Condition Reports

2013-05070 2013-05570 2013-16631 2013-19712 2013-23048

2014-01221 2014-01671 2014-01672 2014-05108 2014-06806

2014-09826 2014-11190 2014-11379 2014-11493 2014-12933

2014-14104 2014-14105 2014-14148 2014-14190

A-2