ML17324A123

Responds to NRC 780919 Ltr Re Violation Noted in IE Insp Rept 50-333/78-16.Disputes Alleged Infraction & Requests Notice of Violation Be Withdrawn

ML17324A123
Person / Time
Site:	FitzPatrick
Issue date:	10/04/1978
From:	Leonard J POWER AUTHORITY OF THE STATE OF NEW YORK (NEW YORK
To:	Grier B NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
Shared Package
ML17207A152	List: IR 05000333/1978016 ML17324A121 ML17324A123
References
NUDOCS 7901180249
Download: ML17324A123 (4)

Text

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~n POWER AUTHORITY OF THE STATE OF NEW YORK JAMES A. FITZPATRICK NUCLEAR POWER PLANT P.O. BOX 41 JOHN D. LEONARD, JR.

Resident Manager Lycoming, New York 13093 315 342.3840 October, 4, 1978 JAFP-78 512 Mr. Boyce H. Grier, Director United States Nuclear Regulatory Commission Region 1 631 Park Avenue King of Prussia, Pennsylvania 19406

Reference:

Docket f50-333 IE Inspection f78-16

Dear Mr. Grier:

With reference to the 'inspection conducted by Mr. K. Plumlee of your office on August 31 and September 1, 1978, at the James A. FitzPatrick Nuclear Power Plant, and in accordance with the provisions of Section 2.201 of Part II of Title 10 of the Code of Federal Regulations we are submitting oor reply to item A or ~Ap endix A or the Notice or Violation transmitted by your letter dated September 19, 1978 as received by the undersigned on September 22, 1978.

APPENDIX A Notice of Violation Based on the results of an NRC inspection conducted on August 31 and Septem-ber 1, 1978, it appears that one of your activities was not conducted in full compliance with the conditions of your NRC Facility License No. DPR-59 as indicated below. This item is an infraction.

A. Technical Specifications Section 6.11.A, which was effective July 28, 1978, requires that any individual or group of individuals permitted to enter high radiation areas be provided with or accompanied by one or more of the following:

1, A radiation monitoring device which continuously indicates the radia-tion dose rate in the area.

2. A radiation monitoring device which continuously integrates the radia-tion dose rate in the area and alarms when a preset integrated dose is received. Entry into such areas with this monitoring device may be made after the dose rate level in the area has been established and personnel have been made knowledgeable qf them.

'780%18o3'Ig

Page 2 An individual qualified in radiation protection procedures who is equipped with a radiation dose rate monitoring device. This indi-vidual shall be responsible for providing positive control over the activities within the area and shall perform periodic radiation sur-veillance at the frequency specified by the facility in the Radiation Work Permit.

Contrary to the above, up to September I 1978, unaccompanied individuals (operators and technicians) were routinely permitted to enter high radiation areas without being provided with a continuously indicating dose rate moni-toring device, or a continuously integrating radiation dose rate monitor that alarms when a preset integrated dose is received.

We have reviewed Inspection Report 50-333/78-16 and take issue with the sec-the inspector s finding that the alleged infraction exists. The specification clearly states "one or more of the following." We maintain that no vio- 'ited lation exists since the operators and technicians referred to in the Inspection Report were acting in compliance with Technical Specification 6.11(A) I.C.

(your item A.3 above) in that:

1) The digital radiation meter in question is a radiation dose rate moni-toring device, therefore satisfies the requirement of having a "radia-tion dose rate monitoring device."

2) These instruments are used by individuals qualified in radiation pro-tection procedures.

3) High radiation area entries made using these radiation dose rate moni-toring devices are, made in accordance with the plant radiation protection procedures (Extended RWP).

4) Only those personnel specifically qualified may use this Extended RWP procedure. Individuals so trained are qualifed to exercise positive control over the activities within the area.

The digital meters are used because they are lightweight, compact, easy to oper-ate, accurate, and have a wide range (lmR/hr to 999R/hr). The operators and technicians carry these meters with them while making routine plant "rounds."

RWPs used in connection with pe'rforming maintenance work in high radiation areas specify that continuous reading rate meters are to be used or a radiation pro-tection technician assigned to provide monitoring during the progress of the job.

We therefore contend that we are not in violation of our Technical Specifications and respectfully request that the Notice of Violation be withdrawn.

Very truly yours,~

gggIi /Q<'I ~~~

John D. Leonard, Jr.

Resident Manager JDL:smr

DISTRIBUTION:

NRC Director, Office of Inspection 8 Enforcement (3 copies)

SNRC Director, Office of Hanagement Information 8 Program Control (3 copies)

G. T. Berry P. Lyons/P. Rajaram J. Davis J. Boston J. Griffin P. Early R. Burns Fi le