The NRC identified that from November 29, 1998, until May 18, 2005, the licensee did not report the change in medical status of an
SRO that acquired a potentially disqualifying medical condition as required by
10 CFR 55.25. The medical condition was potentially disqualifying in accordance with
ANSI/ANS 3.4, 1983, and required that the individual's license be amended when it was finally reported on May 18, 2005, to include an operating restriction. [Note: The information concerning the individual's specific medical condition is considered medical privacy information under
10 CFR 2.390(2)(6) and is not specifically discussed here.] The issue was more than minor because the NRC relies on this certification to determine whether the applicant meets the requirements to operate the controls of a nuclear power plant pursuant to
10 CFR Part 55. The licensee made changes to their administrative procedures to ensure clarity in regard to medical reporting requirements and required an annual medical file review in addition to an annual discussion with their medical review official to ensure a mutual understanding of the appropriate regulatory requirements.
Because the issue affected the NRC's ability to perform its regulatory function, it was evaluated with the traditional enforcement process. The regulatory significance was important because information was not provided that would have resulted in a licensing decision for the individual. The issue was preliminarily determined to be an apparent violation of 10 CFR 55.25.
Notice of Violation Issued November 23, 2005, ML0532902430.
The
VIO was opened in NRC Inspection Report 05000315/316/2005012. Apparent violation
AV 05000315/316/2005006-01 is updated to
VIO 05000315/316/2005006-01 (Failure of the licensee to accurately report the completion of corrective actions from a previous SLIII violation in 2004.);
AV 05000315/316/2005006-02, 04, and 06 are updated to
VIO 05000315/316/2005006-02 (Failure to provide accurate and complete information about operators' health prior to the NRC performing a licensing action.); and
AV 05000315/316/2005006-03, and 05 are updated to
VIO 05000315/316/2005006-03 (Failure of the licensee to report the change in operator medical status.).
