ML071360392

NRC Inspection Report 05000285-07-009 and Investigation Report 4-2006-036 and Notice Violation

ML071360392
Person / Time
Site:	Fort Calhoun
Issue date:	05/16/2007
From:	Chamberlain D Division of Reactor Safety IV
To:	Ridenoure R Omaha Public Power District
References
4-2006-036, EA-07-056 IR-07-009
Download: ML071360392 (7)

See also: IR 05000285/2007009

Text

May 16, 2007

EA-07-056

R. T. Ridenoure

Vice President

Omaha Public Power District

Fort Calhoun Station FC-2-4 Adm.

P.O. Box 550

Fort Calhoun, NE 68023-0550

SUBJECT: FORT CALHOUN STATION - NRC INSPECTION REPORT 05000285/2007009

AND INVESTIGATION REPORT 4-2006-036 AND NOTICE OF VIOLATION

Dear Mr. Ridenoure:

This refers to the subject investigation and in-office inspection concluded on February 8,

2007. The investigation, by the Nuclear Regulatory Commission's (NRC) Office of

Investigation, and this in-office inspection examined the events documented in your Condition

Report CR-200601359 regarding the failure of a security officer to follow radiation work

permit (RWP) requirements at your Fort Calhoun Station. The findings were discussed with

members of your staff during a telephonic exit meeting on May 16, 2007.

Based on the results of this inspection, 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 NRCs Web site at www.nrc.gov/about-nrc/regulatory/enforcement.html.

The violation involved the failure to follow radiation protection procedure and RWP

requirements. Specifically, one security officer, on at least three occasions between

November 26, 2005, and March 27, 2006, failed to log in on the required RWP and did not

activate his electronic alarming dosimeter (EAD) as required prior to entering the Alpha 1

security post. The Alpha 1 security post is inside a posted radiation controlled area (RCA), and

as such, security officers are required by station procedure and RWP to log in on the

appropriate RWP, activate their EAD, and confirm that it is on and reading zero.

On April 04, 2006, the licensee informed the NRC of this matter. Based on the NRCs

subsequent investigation and inspection, the NRC concluded that the security officers failure to

follow RWP requirements was deliberate. In addition, on two of the three occasions, the

security officer enlisted the aid of two other security officers to return his unactivated EAD to

access control at the end of the shift so that he could leave the site more quickly. The

licensee's investigation confirmed that the three security officers involved had received training

regarding the RWP requirements and understood radiation worker and security procedures,

Omaha Public Power District, -2-

EA-07-056

practices, and requirements. Furthermore, the Alpha 1 security post was located in a posted

remote RCA in accordance with Procedure RP-204, Radiation Area Controls. The area was

barricaded with a magenta and yellow rope and was posted as an RCA with a sign stating

CAUTION, RWP REQUIRED FOR ENTRY, TLD and DOSIMETRY REQUIRED FOR ENTRY.

The posting was hung across the entry to the area where the Alpha 1 security post was located

and would be difficult to miss by anyone passing through the door.

The deliberate misconduct of a security officer, as well as the failure of two other security

officers to report this misconduct under the behavior observation program, is of significant

concern to the NRC. This is particularly significant because security officers are charged with

the safety and security of licensed activities at your facility. In this light, the NRC considered

whether this violation should be treated as a Severity Level III violation. However, the NRC also

recognizes the very low underlying safety significance of the violation in that, although the

Alpha 1 security post was designated by your staff as an RCA, requiring an EAD to enter the

area, the actual radiation levels at the post on most occasions, including the dates of the

incidents in question, are so low that they do not indicate the regulatory need for RCA posting

and EAD monitoring. In addition, the NRC acknowledges the significant disciplinary actions

taken by your staff in terminating the security officer who violated the RWP and in the

counseling and administrative leave given to the two security officers who failed to report him.

Therefore, in light of the very low underlying radiological safety significance of the violation and

your significant disciplinary actions, and in accordance with the NRCs Enforcement Policy, the

NRC is treating this violation as a Severity Level IV violation.

Notwithstanding the low significance of this violation, several aspects of this violation concern

the NRC. Specifically, we note that a similar series of events involving security officers failing to

obtain EADs prior to assuming the Alpha 1 security post occurred in 2002 (EA-03-071). This

current violation raises questions as to the effectiveness of your corrective actions in response

to the 2002 event, and we are most interested in evaluating your corrective actions to ensure

this violation is not repeated in the future. In addition, the NRC is equally concerned that your

behavior observation program, as part of the Insider Mitigation Program, was ineffective given

the failure of the two security officers to bring deliberate procedure violations and

uncharacteristic personnel behavior forward for management attention. Your response to this

violation should thoroughly address both concerns.

The violation is cited in the enclosed Notice of Violation (Notice) and the circumstances

surrounding it have been described in this letter, which serves as NRC Inspection

Report 05000285/2007009. The violation is being cited in the Notice because it involved

deliberate wrongdoing and because of the history of similar acts regarding the Alpha 1 security

post and the ineffective corrective actions taken for the previous violation.

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.

Omaha Public Power District, -3-

EA-07-056

In accordance with 10 CFR 2.390 of the NRC's "Rules of Practice," a copy of this letter, its

enclosure, and your response, will be made available electronically for public inspection in the

NRC Public Document Room or from the NRCs document system (ADAMS), accessible from

the NRC Web site 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/

Dwight Chamberlain, Director

Division of Reactor Safety

Docket: 50-285

License: DPR-40

Enclosure: Notice of Violation

cc w/enclosure:

Joe l. McManis, Manager - Licensing

Omaha Public Power District

Fort Calhoun Station FC-2-4 Adm.

P.O. Box 550

Fort Calhoun, NE 68023-0550

David J. Bannister

Manager - Fort Calhoun Station

Omaha Public Power District

Fort Calhoun Station FC-1-1 Plant

P.O. Box 550

Fort Calhoun, NE 68023-0550

James R. Curtiss

Winston & Strawn

1700 K Street NW

Washington, DC 20006-3817

Chairman

Washington County Board of Supervisors

P.O. Box 466

Blair, NE 68008

Omaha Public Power District, -4-

EA-07-056

Julia Schmitt, Manager

Radiation Control Program

Nebraska Health & Human Services

Dept. of Regulation & Licensing

Division of Public Health Assurance

301 Centennial Mall, South

P.O. Box 95007

Lincoln, NE 68509-5007

Daniel K. McGhee

Bureau of Radiological Health

Iowa Department of Public Health

Lucas State Office Building, 5th Floor

321 East 12th Street

Des Moines, IA 50319

Omaha Public Power District, -5-

EA-07-056

Electronic distribution by RIV:

Regional Administrator (BSM1)

DRP Director (ATH)

DRS Director (DDC)

DRS Deputy Director (RJC1)

Senior Resident Inspector (JDH1)

Resident Inspector (LMW1)

Branch Chief, DRP/E (JAC)

Senior Project Engineer, DRP/E (JCK3)

Team Leader, DRP/TSS (FLB2)

RITS Coordinator (MSH3)

Harry Freeman (HAF)

Mark Haire (MSH2)

Michael Vasquez (GMV)

Karla Fuller (KSF)

Michael Burrell, OE (MRB3)

David Solorio, OE (DLS2)

DRS STA (DAP)

D. Cullison, OEDO RIV Coordinator (DGC)

ROPreports

FCS Site Secretary (BMM)

SUNSI Review Completed: MSH ADAMS: X Yes G No Initials: MSH

X Publicly Available G Non-Publicly Available G Sensitive X Non-Sensitive

C:\FileNet\ML071360392.wpd

RIV:ORA:ACES DRS:PSB C:PSB D:DRS TL:RC/ACES

MHaire* Dstearns* Mshannon* Dchamberlain* KFuller*

/RA/ /RA MShannon for/ /RA/ /RARCaniano for/ /RA/

4/10/07 4/11/07 4/11/07 4/11/07 4/16/07

DRA OE D:DRS

PGwynn DSolorio DChamberlain

/RA/ /RA/ /RA/

4/20/07 5/10/07 5/16/07

OFFICIAL RECORD COPY T=Telephone E=E-mail F=Fax

NOTICE OF VIOLATION

Omaha Public Power District Docket No. 50-285

Fort Calhoun Station License No. DPR-40

EA-07-056

During an NRC inspection and investigation, which were concluded on February 8, 2007, a

violation of NRC requirements was identified. In accordance with the NRC Enforcement Policy,

the violation is listed below:

Technical Specification 5.8.1.a states, in part, that written procedures shall be

established, implemented, and maintained covering the applicable procedures

recommended in Regulatory Guide 1.33, Revision 2, February 1978, Appendix A.

Regulatory Guide 1.33, Appendix A, Section 7.e.(1), recommends procedures for

access control to radiation areas including a radiation work permit system.

Section 2.3.10 of Procedure RPP, Radiation Protection Plan, Revision 22, states, in

part, that each station individual is responsible for obeying the requirements of Standing

Order SO-G-101, Radiation Work Practices. Section 5.4.1 of SO-G-101, Revision 30,

states, in part, that radiation work permits are required for entry into any posted

radiation controlled area. In addition, Section 5.5.2 of SO-G-101 states, in part, that

persons wishing to enter the radiation controlled area shall proceed to the electronic

alarming dosimeter (EAD) reader and log in following the instructions on the

keypad (5.5.2.E) and confirm that the electronic alarming dosimeter is on and reading

zero (5.5.2.J).

Contrary to the above, on at least three occasions between November 26, 2005, and

March 27, 2006, a security officer deliberately failed to proceed to the radiation

controlled area reader and log in following the instructions on the keypad, and confirm

that the electronic alarming dosimeter is on and reading zero prior to assuming his post

on the roof of the radioactive waste building which was posted as a radiation area inside

the radiation controlled area. In addition, the individual enlisted the aid of two other

security officers to return his radiation controlled area to access control in order to

expedite his departure at the end of the shift.

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

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 the facility that is the

subject of this Notice of Violation (Notice), 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-07-056," 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

-1- Enclosure

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.

Because your response will be made available electronically for public inspection in the NRC

Public Document Room or from the NRCs document system (ADAMS), accessible from the

NRC Web site 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 within 2 working days.

Dated this 16th day of May 2007

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