The violations occurred between September and December 2011, when four contract employees willfully failed to complete
fire watch rounds required to ensure that Farley remained in compliance with
10 CFR 50.48, Fire Protection. In addition, these same employees falsified
fire watch logs by annotating that hourly fire watches were completed when in fact they had not been performed. These actions caused
FNP to be in violation of
10 CFR 50.48 together with a site implementing procedure requiring roving
fire watch patrols, and
10 CFR 50.9(a), requiring the accurate and complete documentation of such fire watches. In this case, the violations did not result in any actual consequences because there was no fire at the facility during the time period. In addition, the potential consequences of missed fire watches were low, due to the different forms of fire mitigation available such as fire detection systems,
fire barriers, sprinklers, and fire extinguishers. Furthermore,
FNP maintains a staffed fire brigade, and security and operations personnel conduct daily rounds throughout areas of the plant that overlap numerous
fire watch areas. However, the actions of multiple employees deliberately failing to complete fire watches and falsifying associated documentation is a concern. As discussed in the
NRC Enforcement Policy, deliberate violations are of particular concern to the NRC because our regulatory program is based on licensees, contractors, and their employees acting with integrity. Based on the above, and in light of the interrelationship of the two violations, the NRC has concluded that the violations are appropriately characterized as a
Severity Level III problem in accordance with the
NRC Enforcement Policy. ...... As discussed in
FNPs letter of February 8, 2013, corrective actions included but were not limited to: (1) the prompt initiation of an investigation into the matter, (2) an extent of condition review to determine whether the incident was isolated to one individual, (3) conduct of stand down meetings with the contractor to ensure performance expectations were clearly understood, (4) activities to improve active contractor oversight and control to verify the consistent performance of required fire watches, and (5) other
SNC fleet activities to strengthen oversight of supplemental personnel. Based on the above, credit is warranted for the factor of Corrective Action. Therefore, in recognition of your prompt and comprehensive corrective actions to preclude recurrence of similar future violations, I have been authorized, after consultation with the Director, Office of Enforcement, to propose that a civil penalty not be assessed in this case. The NRC has concluded that information regarding the reason for the violations, the corrective actions taken and planned to correct the violations and prevent recurrence, and the date when full compliance was achieved is already adequately addressed on the docket in
FNPs letter of February 8, 2013.
