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Ltr Re Violation Noted in IE Insp Rept 50-333/78-16.Disputes Alleged Infraction & Requests Notice of Violation Be Withdrawn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 D POWER AUTHORITY OF THE STATE OF NEW YORK (NEW YORK
To:	GRIER B H NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
Shared Package
ML17207A152	List: IR 05000333/1978016 ML17324A121 ML17324A123
References
NUDOCS 7901180249
Download: ML17324A123 (4)

See also: IR 05000333/1978016

Text

I e sm~n POWER AUTHORITY OF THE STATE OF NEW YORK JAMES A.FITZPATRICK

NUCLEAR POWER PLANT JOHN D.LEONARD, JR.Resident Manager October, 4, 1978 JAFP-78-512 P.O.BOX 41 Lycoming, New York 13093 315 342.3840 Mr.Boyce H.Grier, Director United States Nuclear Regulatory

Commission

Region 1 631 Park Avenue King of Prussia, Pennsylvania

19406 Reference:

Docket f50-333 Dear Mr.Grier: IE Inspection

f78-16 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 2An 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 I1978, 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

'ited clearly states"one or more of the following." We maintain that no vio-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.P.J.J.J.P.R.Fi T.Berry Lyons/P.Rajaram Davis Boston Griffin Early Burns le