ML20151V582

Notice of Violation & Proposed Imposition of Civil Penalty in Amount of $1,000.Noncompliance Noted:Control Room Operator Sleeping at Station

ML20151V582
Person / Time
Site:	Peach Bottom, 05503096
Issue date:	08/09/1988
From:	Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:
Shared Package
ML20151V569	List: ML20151V566 ML20151V582
References
EA-88-077, EA-88-77, NUDOCS 8808220323
Download: ML20151V582 (2)

Text

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NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY Frank J. Pfender Docket No. 55-3096 License No. SOP-2621 HOME ADDRESS DELETED EA 88-77 UNDER 10 CFR 2.790 During an enforcement conference conducted with you on March 30, 1988, violations of your senior reactor operator license were admitted.

In accordance with the "Gereral Statement of Policy and Procedure for NRC Enforcement Actions," 10 CFR Part 2. Appendix C (1988), the Nuclear Regulatory Comission proposes to impose a civil penalty pursuant to Section 284 of the Atomic Energy Act of 1954, as amended (Act), 42 U.S.C. 2282 and 10 CFR 2.205. The particular violations and associated civil penalty are set for O balow:

Senior Reactor Operator License No. SOP-2621 requires, in part, that when manipulating, or directing nianipulation of, the controls of the Peach bottom Atomic Power Station Reactors, Units 2 and 3, you shall observe the operating proceduns and other conditions specified in the facility license which authorizes operation of the facility.

Technical Specification 6.8 of Facility Operating License Nos. OPR-44 and DPR-56 for the Peach Bottom Atomic Power Station requires the establish-ment and implementation of certain written procedures and administrative policies.

Peach Bottom Administrative Procedure.No. A.7, entitled "Shift Operations", written to satisfy the requirements of Technical Specifica-tion 6.8, requires, in paragraphs 7.1.7 and 7.1.8, that while on duty, licensed operators and senicr licensed operators be alert and attentive to their instrumentation and controls within their area at all times, and all distracting activities in the control room must be prohibited (for example, horseplay and reading ti at is not directly job related).

Contrary to the above, on various shifts for an extended and indeterminate period of time prior to March 24, 1987, particularly during the 11:00 p.m. to 7:00 a.m. shift, you were, at times, inattentive to instrumentations and controls, and allowed yourself and those who you were required to supervise to be distracted by activities that you knew, or should have known, violated procedure A.7 such as reading non-job related materials while on duty, reclining in a resting position with eyes closed, and other activities that preluded adequate performance of licensed duties.

This is a Severity Level II Violation.

(SupplementI)

Civil Penalty - $1,000.

Pursuant to the provisions of 10 CFR 2.201, you are hereby required to submit a written statement or explanation to the Director, Office of Enforcement, U.S.

Nuclear Regulatory Comission, within 30 days of the date of this kotice. This l

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PNV

Notice of Violation

• reply should be clearly marked as a "Reply to a Notice of Violation" and should include for each alleged violation; (1) admission or denial of the alleged violation and (2) the reasons for the violation if admitted.

Consideration may be given to extending the response time for good cause shown. Under the authority of section 182 of the Act 42 U.S.C 2232, this response shall be submitted under oath or affirination.

Within the same time as provided for the response required above under 10 CFR 2.201, you may pay the civil penalty by letter to the Director, Office of Enforcement, U.S. Nuclear Regulatory Connission, with a check, draft, or money order payable to the Treasurer of the United States in the amount of the civil penalty proposed above, or the cumulative arnount of the civil penalties if more than one civil penalty is proposed, or may protest imposition of the civil pen-alty in whole or in part by a written answer addressed to the Director, Office of Enforcement, U.S. Nuclear Regulatory Comission.

Should you fail to answer within the time specified, an order imposirg the civil penalty will be issued.

Should you elect to file an answer in accordance with 10 CFR 2.205 protesting the civil penalty, in whole or in part such answer should be clearly marked as an "Answer to a Notice of Violation and ma :

(1) deny the violation listedinthisNoticeinwholeorinpart,(2 demonstrate extenuating circum-stances, (3) show error in this Notice, or (4 show other reasons why the penalty should not be imposed.

In addition to protesting the civil pu alty, such answer ray request remission or mitigation of the penalty.

In requesting mitigation of the proposed penalty,)the five factors addressed in Section V.B of 10 CFR Part 2. Appendix C (1988 ), should be addressed.

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written answer in accordance with 10 CFR 2.205 should be set forth separately from the statement or explanation in reply pursuant to 10 CFR 2.201, but may incorporate parts of the 10 CFR 2.201 reply by specific reference (e.g., citing page and paragraph numbers) to avoid repetition.

Your attention is directed to the other provisions of 10 CFR 2.205, regarding the procedure for imposing a civil penalty.

j Upon failure to pay any civil penalty due whicn subsequently has been deter-mined in accordance with the applicable provisions of 10 CFR 2.205, this matter may be referred to the Attorney General, and the pencity, unless compromised, remitted, or mitigated, mey be collected by' civil action pursuant to Section 234c of the Act, 42 U.S.C. 2282c.

4 The responses to the Director, Office of Enforcement, noted above (Reply to a Notice of Violation, letter with payment of civil penalty, and Answer to a 1

Notice of Violation) should be addressed to: Director, Office of Enforcement, j

(U.S. Nuclear Regulatory Comission. ATTN:

Document Control Desk, Washington.

I DC 20555, with a copy to the Regional Administrator, U.S. Nuclear Rogulatory Comission, Region I, 475 Allendale Road, King of Prussia Pennsylvania 19406.

FOR THE NUCLEAR REGULATORY C0m!SSION

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