ML12172A402

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EN-12-027, Confirmatory Order (Effective Immediately) to Indiana Michigan Power Company
ML12172A402
Person / Time
Site: Cook  American Electric Power icon.png
Issue date: 06/19/2012
From: David Furst
NRC/OE
To:
Indiana Michigan Power Co
Furst D, OE/EB, 415-7634
References
EA-12-005 EN-12-005, EN-12-027
Download: ML12172A402 (2)


Text

June 19, 2012 EN 12-027 OFFICE OF ENFORCEMENT NOTIFICATION OF SIGNIFICANT ENFORCEMENT ACTION Licensee: Indiana Michigan Power Company EA-12-005 D.C. Cook Nuclear Power Plant Docket Nos.: 50-315, 50-316

Subject:

CONFIRMATORY ORDER (EFFECTIVE IMMEDIATELY) TO INDIANA MICHIGAN POWER COMPANY This is to inform the Commission that a Confirmatory Order will be issued on or about June 28, 2012, to Indiana Michigan Power Company confirming commitments reached as part of an alternative dispute resolution (ADR) mediation settlement agreement between Indiana Michigan Power Company and the Nuclear Regulatory Commission (NRC).

In a letter dated March 6, 2012, the NRC provided Indiana Michigan Power Company with the results of an investigation completed by the NRCs Office of Investigations. The NRCs letter concluded that on or about May 3, 2011, two D. C. Cook supervisory-level individuals failed to ensure that an individual, who was offsite when selected for fitness-for-duty testing, was tested at the earliest reasonable and practical opportunity when both the donor and collectors were available. These actions caused Indiana Michigan Power Company to be in violation of 10 CFR Part 26, Sections 4(b) and 31(d)(2)(v) of the Fitness-for-Duty (FFD) program.

As part of the NRCs normal enforcement process, Indiana Michigan Power Company elected ADR to resolve the matter through mediation. The mediation session was held on May 23, 2012 and a settlement agreement was reached. As part of the ADR settlement agreement, Indiana Michigan Power Company has completed a number of corrective actions and agreed to implement additional corrective actions and enhancements. These actions included benchmarking other utilities FFD programs regarding random drug testing, revising site procedures as it relates to the FFD, perform a gap analysis and revise/conduct training with the FFD staff, develop a lessons learned presentation and provide it to all first-line supervisors and above at D.C. Cook, and develop a presentation on the facts and lessons learned from this event and present it at an industry FFD forum with a broader industry audience. In consideration of the corrective actions and commitments outlined in the order, the NRC agreed to refrain from proposing a civil penalty and issuing a Notice of Violation for this matter.

It should be noted that the licensee has not been specifically informed of the enforcement action. The schedule of issuance and notification is:

Telephone notification of the licensee June 28, 2012 Mailing of Orders June 28, 2012 The State of Michigan will be notified.

CONTACTS: David Furst, OE, (301) 415-7634 John Wray, OE, (301) 415-1288

Distribution: EN-12-027, June 19, 2012 OWFN OWFN TWFN EBB Regional Offices Chairman Jaczko EDO OCFO NMSS RI RII Comm. Svinicki DEDR OP CENTER RIII RIV Comm. Apostolakis DEDMRS FSME Comm. Magwood OE OCIO MAIL Comm. Ostendorff OGC RES ADAMS SECY NRR ACRS OE staff OCA NSIR PA OI IP OIG DISTRIBUTION:

OE R/F RZimmerman PHolahan BWestreich GWest SCoker EN Binder NHilton ADAMS ACCESSION NO. : ML12172A402 OFFICE OE:ES OE:BC NAME D. Furst J. Wray DATE 06/19/12 06/19/12 OFFICIAL RECORD COPY