ML063480506

EN-06-062, Firstenergy Nuclear Operating Company, EA-06-152

ML063480506
Person / Time
Site:	Beaver Valley
Issue date:	12/19/2006
From:	Dave Solorio, Trocine L NRC/OE
To:	FirstEnergy Nuclear Operating Co
Trocine L
References
EA-06-152 EN-06-062
Download: ML063480506 (2)

Text

PRELIMINARY INFORMATION - NOT FOR PUBLIC DISCLOSURE UNTIL VERIFICATION THAT LICENSEE HAS RECEIVED ACTION December 19, 2006 EN-06-062 OFFICE OF ENFORCEMENT NOTIFICATION OF SIGNIFICANT ENFORCEMENT ACTION Licensee: FirstEnergy Nuclear Operating Company (EA-06-152)

Beaver Valley Power Station Unit 1 Docket No. 05000033

Subject:

ISSUANCE OF NOTICE OF VIOLATION AND CONFIRMATORY ORDER (EFFECTIVE IMMEDIATELY)

This is to inform the Commission that a Notice of Violation and a Confirmatory Order (Effective Immediately) will be issued on or about December 19, 2006, to FirstEnergy Nuclear Operating Company as a result of an investigation of deliberate wrongdoing by a former contract mechanical engineer working at the Beaver Valley Power Station. The Notice of Violation includes two violations (categorized as one Severity Level III problem) which are cited against 10 CFR Part 50, Appendix B, Criterion III, Design Control, and the licensees procedures for engineering changes and design interface reviews and evaluations. Specifically, on June 1, 2005, the former contract engineer, who was responsible for preparation of the replacement reactor vessel closure head engineering change package (ECP), deliberately failed to adhere to a procedural requirement when he signed the ECP even though the majority of design interface evaluations were neither performed nor included in the ECP. Additionally, the engineers supervisor did not review the ECP for completeness, technical quality, and procedural compliance and failed to identify that the former contract engineer did not develop the ECP in accordance with licensee procedures.

An alternative dispute resolution mediation session was held between the licensee and the NRC on September 28, 2006. Both parties agreed, among other things, that (1) the former contract engineer deliberately failed to adhere to procedural requirements; (2) the licensee took multiple corrective actions to prevent recurrence; (3) there was a need for additional corrective actions at the licensees facilities as well as an opportunity for other licensees in the industry to learn from this incident; (4) in light of the corrective actions the licensee has taken and has committed to take, the NRC would issue a Severity Level III violation with no civil penalty; and (5) the NRC would issue a Confirmatory Order confirming this agreement. The licensees agreement was confirmed on December 14, 2006, when it signed the Consent and Hearing Waiver Form.

It should also be noted that the licensee has not been specifically informed of the enforcement action. The schedule of issuance and notification is:

Mailing of Notice of Violation and Confirmatory Order December 19, 2006 Telephone notification of licensee December 19, 2006 The States of Pennsylvania, Ohio, and West Virginia will be notified.

PRELIMINARY INFORMATION - NOT FOR PUBLIC DISCLOSURE UNTIL VERIFICATION THAT LICENSEE HAS RECEIVED ACTION

PRELIMINARY INFORMATION - NOT FOR PUBLIC DISCLOSURE UNTIL VERIFICATION THAT LICENSEE HAS RECEIVED ACTION EN-06-062 The licensee is not required to respond to the letter and Notice of Violation unless the description therein does not accurately reflect the licensees corrective actions or position.

However, the licensee is required by the Confirmatory Order to provide the NRC a final written report within 30 days of completion of all actions.

Contacts: Leigh Trocine, OE, 301-415-2319 David Solorio, OE, 301-415-2741 Distribution:

OWFN OWFN TWFN Regional Offices Chairman Klein EDO OCFO RI RII Comm. McGaffigan DEDR OP CENTER RIII RIV Comm. Merrifield DEDMRS NMSS Comm. Jaczko OE OIG Comm. Lyons OGC OCIO MAIL SECY NRR RES ADAMS OCA NSIR ACRS PA OI IP STP File Name: G:\OECASES\ENs\2006\EN-06-062 Beaver Valley ADR lt.wpd ADAMS ML063480506 OE:ES OE:SC LTrocine DSolorio 12/14/06 12/18/06 PRELIMINARY INFORMATION - NOT FOR PUBLIC DISCLOSURE UNTIL VERIFICATION THAT LICENSEE HAS RECEIVED ACTION