ML071090590

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EA-07-069, Fermi 1, Non-Cited Violation (NRC Office of Investigations Report No. 3-2006-029)
ML071090590
Person / Time
Site: Fermi  DTE Energy icon.png
Issue date: 04/19/2007
From: Reynolds S, Shear G
Division of Nuclear Materials Safety III
To: Cobb D
Detroit Edison
References
EA-07-069, OI 3-2006-029 EA-07-069, OI 3-2006-029
Download: ML071090590 (5)


Text

April 19, 2007EA-07-069Mr. Donald K. CobbAssistant Vice President Nuclear Generation The Detroit Edison Company 6400 North Dixie Highway Newport, MI 48166

SUBJECT:

FERMI 1 NON-CITED VIOLATION (NRC OFFICE OF INVESTIGATIONSREPORT NO. 3-2006-029)

Dear Mr. Cobb:

This refers to information provided by your staff to the U.S. Nuclear Regulatory Commission(NRC) on August 29, 2006, that a former Fermi 1 contract senior radiation protection technicianhad falsified three radiological surveys. This matter was investigated by your staff and the NRCOffice of Investigations (OI). The synopsis from the OI Report is enclosed.Based on the information developed during the investigations, the NRC has concluded that aviolation of NRC requirements occurred. In summary, on August 28, 2006, a contract seniorradiation protection technician falsified the removable radiological contamination results of twodaily and one weekly routine surveys (Radiological Survey Forms 05798R06, 05799R06, and 05800R06). The results for the surveys were reported by the technician as less than the minimum detectable concentration; however, the technician did not analyze the samples. Theactions of the technician placed Fermi 1 in violation of 10 CFR 50.9, "Completeness andAccuracy of Information," 10 CFR 20.2103(a), "Records of Surveys,"

and 10 CFR 20.1501,"General," and the violation is categorized in accordance with the NRC Enforcement Policy atSeverity Level IV.This matter was identified and immediately investigated by your staff. Your corrective actionsincluded, but were not limited to: (1) implementing disciplinary actions; (2) issuing ConditionAssessment Resolution Document No. 0610304; (3) re-performing the surveys in question due to the falsified data with no abnormal results; and (4) reviewing previous surveys performed by the technician. Therefore, after considering the circumstances of this case and after consultingwith the Director, Office of Enforcement, this violation is being treated as a Non-Cited Violation (NCV), consistent with Section VI.A.1.d of the Enforcement Policy.Please feel free to contact Mr. Jamnes Cameron, Chief, Decommissioning Branch, NRCRegion III office, if you have any questions. Mr. Cameron can be reached at telephone number (630) 829-9833.

D. Cobb-2-You are not required to respond to this letter unless the description herein does not reflect yourcorrective actions or your position. If you contest the NCV, you should provide a response within 30 days of the date of this letter, with the basis for your denial, to the U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington DC 20555-0001, with copies to the Regional Administrator and Enforcement Officer, Region III, and the Director,Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.

The response should be clearly marked as a "Reply to EA-07-069."In accordance with 10 CFR 2.390 of the NRC's "Rules of Practice," a copy of this letter andyour response (should you choose to respond) will be made available electronically for public inspection in the NRC Public Document Room or from the NRC's document system (ADAMS),

accessible from the NRC Web site at http://www.nrc.gov/reading-rm/ADAMS.html. To theextent possible, your response should not include any personal privacy, proprietary, or safeguards information so that it can be made available to the Public without redaction.Sincerely,/RA by Gary L. Shear Acting for/Steven A. Reynolds, DirectorDivision of Nuclear Materials SafetyDocket No. 050-00016License No. DPR-9

Enclosure:

OI Report Synopsiscc w/encl:Compliance SupervisorG. White, Michigan Public Service Commission Planning Manager, Emergency Management Division MI Department of State Police R. Gatson, Manager, Nuclear Licensing D. Pettinari, Legal Department Michigan Department of Environmental Quality Waste and Hazardous Materials Division M. Yudasz, Jr., Director, Monroe County Emergency Management Division Supervisor - Electric Operators Wayne County Emergency Management DivisionDISTRIBUTION

See next page 1OI concurrence is for release of the OI synopsis only 2OE concurrence received 4/17/07 from C. Carpenter via e-mail from D. Starkey 3OGC concurrence received 4/18/07 from M. Clark via e-mail from D. StarkeyD. Cobb-2-You are not required to respond to this letter unless the description herein does not reflect yourcorrective actions or your position. If you contest the NCV, you should provide a response within 30 days of the date of this letter, with the basis for your denial, to the U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington DC 20555-0001, with copies to the Regional Administrator and Enforcement Officer, Region III, and the Director,Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.

The response should be clearly marked as a "Reply to EA-07-069."In accordance with 10 CFR 2.390 of the NRC's "Rules of Practice," a copy of this letter andyour response (should you choose to respond) will be made available electronically for public inspection in the NRC Public Document Room or from the NRC's document system (ADAMS),

accessible from the NRC Web site at http://www.nrc.gov/reading-rm/ADAMS.html. To theextent possible, your response should not include any personal privacy, proprietary, or safeguards information so that it can be made available to the Public without redaction.Sincerely,/RA by Gary L. Shear Acting for/Steven A. Reynolds, Director Division of Nuclear Materials SafetyDocket No. 050-00016License No. DPR-9

Enclosure:

OI Report Synopsiscc w/encl:Compliance SupervisorG. White, Michigan Public Service Commission Planning Manager, Emergency Management Division MI Department of State Police R. Gatson, Manager, Nuclear Licensing D. Pettinari, Legal Department Michigan Department of Environmental Quality Waste and Hazardous Materials Division M. Yudasz, Jr., Director, Monroe County Emergency Management Division Supervisor - Electric Operators Wayne County Emergency Management DivisionDISTRIBUTION

See next pageDOCUMENT NAME:C:\FileNet\ML071090590.wpdX Publicly Available G Non-Publicly Available G SensitiveX Non-SensitiveTo receive a copy of this document, indicate in the concurrence box "C" = Copy without attach/encl "E" = Copy with attach/encl "N" = No copyOFFICERIII:EICSRIII:RCRIII:DNMSRIII:OINAMEPPelkeJHeckJCameronSLangan 1DATE4/18/074/18/074/18/074/19/07OFFICEOEOGCRIII:EICSRIII:DNMSNAMECCarpenter 2MClark 3GShearGshear for SReynoldsDATE4/17/074/18/074/19/074/19/07Official Record Copy Letter to Donald K. Cobb from Steven A. Reynolds dated April 19, 2007

SUBJECT:

ENRICO FERMI UNIT 1 NON-CITED VIOLATION (NRC OFFICE OFINVESTIGATIONS REPORT NO. 3-2006-029)DISTRIBUTION

ADAMS (PARS)

SECY OCA M. Virgilio, DEDMRS D. Solorio, OE D. Starkey, OE J. Caldwell, RIII G. Grant, RIII L. Chandler, OGC B. Jones, OGC M. Clark, OGC D. Holody, Enforcement Officer, RI C. Evans, Enforcement Officer, RII G. Shear, Acting Enforcement Officer, RIII K. Fuller, Enforcement Officer, RIV R. Pascarelli, NRR E. Brenner, OPA H. Bell, OIG G. Caputo, OI S. Langan, OI N. Hane, OI C. Miller, FSME P. Pelke, RIII:EICS S. Reynolds, RIII V. Mitlyng, RIII:PA R. Lickus, RIII J. Lynch, RIII OEWEB OEMAIL OAC3 Case No. 3-2006-029 Enclosur eSYNOPSISThis investigation was initiated on September 11, 2006 by the U.S. Nuclear RegulatoryCommission (NRC), Office of Investigations, Region III, to determine if a contract seniorradiation protection technician at the Fermi 1 Nuclear Power plant willfully falsified radiological surveys. Based upon the evidence developed, this investigation did substantiate the allegation that aformer contract senior radiation protection technician willfully falsified radiological surveys

.