|
---|
Category:Letter
MONTHYEARML24163A0012024-08-0505 August 2024 LTR-24-0119-1-1 Response to Nh Letter Regarding Review of NextEras Emergency Preparedness Amendment Review ML24193A2432024-07-12012 July 2024 – Interim Audit Summary Report in Support of Review of License Amendment Requests Regarding Fleet Emergency Plan ML24149A2862024-06-12012 June 2024 NextEra Fleet - Proposed Alternative Frr 23-01 to Use ASME Code Case N-752-1, Risk-Informed Categorization and Treatment for Repair/Replacement Activities in Class 2 and 3 Systems Section X1, Division 1 (EPID L-2023-LLR-0009) - Letter ML24151A6482024-06-0303 June 2024 Changes in Reactor Decommissioning Branch Project Management Assignments for Some Decommissioning Facilities NG-24-0004, 2023 Annual Radiological Environmental Operating Report2024-05-0808 May 2024 2023 Annual Radiological Environmental Operating Report NG-24-0003, Submittal of 2023 Annual Radioactive Material Release Report2024-04-24024 April 2024 Submittal of 2023 Annual Radioactive Material Release Report ML24072A0292024-03-29029 March 2024 Nextera Energy Duane Arnold, Llc. Exemption from Select Requirements of 10 CFR Part 73 (Security Notifications, Reports, and Recordkeeping and Suspicious Activity Reporting) NG-24-0002, 2023 Annual Exposure Report - Form 5s2024-03-0606 March 2024 2023 Annual Exposure Report - Form 5s NG-24-0001, 2024 Annual Decommissioning and Spent Fuel Management Funding Status Report and Independent Spent Fuel Storage Installation (ISFSI) Decommissioning Financial Assurance Update2024-03-0606 March 2024 2024 Annual Decommissioning and Spent Fuel Management Funding Status Report and Independent Spent Fuel Storage Installation (ISFSI) Decommissioning Financial Assurance Update L-2024-010, Point Units 3 and 4, Seabrook, Duane Arnold, and Point Beach Units 1 and 2, Nuclear Property Insurance - 10 CFR 50.54(w)(3)2024-01-25025 January 2024 Point Units 3 and 4, Seabrook, Duane Arnold, and Point Beach Units 1 and 2, Nuclear Property Insurance - 10 CFR 50.54(w)(3) NG-23-0010, Supplement to Duane Arnold Exemption Request Regarding Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Final Rule2023-12-0606 December 2023 Supplement to Duane Arnold Exemption Request Regarding Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Final Rule NG-23-0009, Part 73 Exemption Request Regarding Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Final Rule2023-11-16016 November 2023 Part 73 Exemption Request Regarding Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Final Rule ML23201A0872023-08-0303 August 2023 Audit Plan in Support of Review of License Amendment NG-23-0006, Independent Spent Fuel Storage Installation (ISFSI) Financial Assurance Update2023-05-23023 May 2023 Independent Spent Fuel Storage Installation (ISFSI) Financial Assurance Update ML23137A1672023-05-11011 May 2023 Submittal of 2022 Annual Radiological Environmental Operating Report NG-23-0004, 2022 Annual Radioactive Material Release Report2023-04-25025 April 2023 2022 Annual Radioactive Material Release Report NG-23-0003, 2022 Annual Exposure Report - Form 5s2023-04-21021 April 2023 2022 Annual Exposure Report - Form 5s NG-23-0002, 10 CFR 50.59 Report, Commitment Changes, 10 CFR 72.48 Report, Quality Assurance Program Changes, Technical Specification Basis Changes, and Revision of the DAEC Defueled Safety Analysis Report2023-03-27027 March 2023 10 CFR 50.59 Report, Commitment Changes, 10 CFR 72.48 Report, Quality Assurance Program Changes, Technical Specification Basis Changes, and Revision of the DAEC Defueled Safety Analysis Report NG-23-0001, 2023 Annual Decommissioning and Spent Fuel Management Funding Status Report2023-03-27027 March 2023 2023 Annual Decommissioning and Spent Fuel Management Funding Status Report L-2023-029, and Point Beach Units 1 and 2 Nuclear Property Insurance - 10 CFR 50.54(w)(3)2023-03-10010 March 2023 and Point Beach Units 1 and 2 Nuclear Property Insurance - 10 CFR 50.54(w)(3) ML22361A1022023-02-24024 February 2023 Reactor Decommissioning Branch Project Management Changes for Some Decommissioning Facilities and Establishment of Backup Project Manager for All Decommissioning Facilities ML22339A0012022-12-22022 December 2022 Acceptance of Requested Licensing Action Amendment Request for Common Emergency Plan IR 05000331/20220032022-12-13013 December 2022 NRC Inspection Report No. 05000331/2022003 (Drss) ML22285A0072022-10-13013 October 2022 NRC Analysis of NextEra Energy Duane Arnold'S Decommissioning Funding Status Report, Docket No. 50-331 IR 05000331/20220022022-07-13013 July 2022 NRC Inspection Report Nos. 05000331/2022002(DNMS) and 07200032/2022002(DNMS) ML22090A1922022-05-26026 May 2022 Letter to B. Coffey, FPL from M. Doell - Duane Arnold Post Shutdown Activities Report Review Letter ML22132A2872022-05-24024 May 2022 ISFSI DQAP Approval Letter ML22111A0332022-05-20020 May 2022 Operating License Page Correction Letter to B. Coffey, Florida Power and Light, from M. Doell NG-22-0055, Revision to Duane Arnold Energy Center (DAEC) ISFSI-Only Emergency Plan2022-05-20020 May 2022 Revision to Duane Arnold Energy Center (DAEC) ISFSI-Only Emergency Plan ML22089A0492022-05-12012 May 2022 Sfmp Review Letter NG-22-0053, 2021 Annual Radiological Environmental Operating Report2022-05-0606 May 2022 2021 Annual Radiological Environmental Operating Report NG-22-0052, Regulatory Issue Summary 2000-11. NRC Emergency Telecommunications System, Statement of Intent to Implement the Proposed Voluntary Initiative2022-05-0404 May 2022 Regulatory Issue Summary 2000-11. NRC Emergency Telecommunications System, Statement of Intent to Implement the Proposed Voluntary Initiative IR 05000331/20224012022-04-27027 April 2022 Decommissioning Security Inspection Report 05000331/2022401 NG-22-0049, 2021 Annual Radioactive Material Release Report2022-04-26026 April 2022 2021 Annual Radioactive Material Release Report NG-22-0050, Revised Response to Request for Additional Information Relating to Decommissioning Quality Assurance Program, Revision 02022-04-26026 April 2022 Revised Response to Request for Additional Information Relating to Decommissioning Quality Assurance Program, Revision 0 ML22066A7632022-04-25025 April 2022 ISFSI-Only Emergency Plan License Amendment Approval L-2022-068, NextEra Energy Duane Arnold Quality Assurance Topical Report (FPL-3) Revision 22022-04-25025 April 2022 NextEra Energy Duane Arnold Quality Assurance Topical Report (FPL-3) Revision 2 NG-22-0035, Response to Request for Additional Information Relating to Decommissioning Quality Assurance Program. Revision 02022-04-13013 April 2022 Response to Request for Additional Information Relating to Decommissioning Quality Assurance Program. Revision 0 NG-22-0047, Registration of Independent Spent Fuel Installation Storage Cask and Notification of Permanent Removal of All Spent Fuel Assemblies from the Spent Fuel Pool2022-04-11011 April 2022 Registration of Independent Spent Fuel Installation Storage Cask and Notification of Permanent Removal of All Spent Fuel Assemblies from the Spent Fuel Pool NG-22-0042, Registration of Independent Spent Fuel Installation Storage Casks2022-04-0808 April 2022 Registration of Independent Spent Fuel Installation Storage Casks NG-22-0041, and Independent Spent Fuel Storage Installation, 2022 Annual Decommissioning and Spent Fuel Management Funding Status Report2022-03-31031 March 2022 and Independent Spent Fuel Storage Installation, 2022 Annual Decommissioning and Spent Fuel Management Funding Status Report NG-22-0031, 2021 Annual Exposure Report - Form 5s2022-03-23023 March 2022 2021 Annual Exposure Report - Form 5s NG-22-0030, Registration of Independent Spent Fuel Installation Storage Casks2022-03-23023 March 2022 Registration of Independent Spent Fuel Installation Storage Casks ML22080A1822022-03-22022 March 2022 Letter to B. Coffey from M. Doell - Duane Arnold ISFSI QAPD RAI Letter L-2022-012, Florida Power & Light Company Nuclear Property Insurance - 10 CFR 50.54(w)(3)2022-03-16016 March 2022 Florida Power & Light Company Nuclear Property Insurance - 10 CFR 50.54(w)(3) ML22059A7462022-03-10010 March 2022 ISFSI-Only Physical Security Plan License Amendment Approval NG-22-0025, Registration of Independent Spent Fuel Installation Storage Casks2022-03-0808 March 2022 Registration of Independent Spent Fuel Installation Storage Casks IR 05000331/20220012022-03-0404 March 2022 Subject: NRC Inspection Report Nos. 05000331/2022001(DNMS) and 07200032/2022001(DNMS) NG-22-0021, Registration of Independent Spent Fuel Installation Storage Casks2022-02-24024 February 2022 Registration of Independent Spent Fuel Installation Storage Casks ML22007A2722022-02-11011 February 2022 Cover Letter - NRC Duane Arnold Exemption Issuance 2024-08-05
[Table view] Category:Notice of Violation
MONTHYEARIR 05000331/20150102015-04-16016 April 2015 EA-14-237 Final Significance Determination of a White Finding with Assessment Followup and Notice of Violation; NRC Inspection Report No. 05000331/2015010; Duane Arnold Energy Center ML14266A4232014-09-19019 September 2014 IR 050003312014010, on 04/21/2014 - 09/03/2014; Duane Arnold Energy Center (Daec); Problem Identification and Resolution IR 05000331/20140072014-02-11011 February 2014 EA-13-223, Duane Arnold Energy Center - Final Significance Determination of a White Finding with Assessment Followup and Notice of Violation; NRC Inspection Report No. 05000331/2014007 IR 05000331/20130112013-12-18018 December 2013 EA-13-182, Duane Arnold Energy Center, Final Significance Determination of a White Finding with Assessment Followup and Notice of Violation; NRC Inspection Report No. 05000331-13-011 IR 05000331/20090112009-06-0909 June 2009 IR 05000331-09-011, for Duane Arnold Energy Center, Final Significance Determination of White Finding and Notice of Violation IR 05000331/20075012007-04-0202 April 2007 EA-07-017, Duane Arnold Energy Center, Final Significance Determination for a White Finding and Notice of Violation; NRC Inspection Report No. 05000331-07-501 (DRS) ML0704301872007-02-12012 February 2007 Public Meeting to Discuss an Apparent Violation and Preliminary White Finding Concerning a Failure to Identify a Weakness During an Evaluated Exercise Critique Presentation at the Duane Arnold Energy Center ML0612304232006-05-0101 May 2006 IA-04-013, Teply, Notice of Violation (NRC Office of Investigation Report No. 3-2003-021) ML0612303092006-05-0101 May 2006 EA-04-053, Duane Arnold, Notice of Violation and Exercise of Enforcement Discretion (Office of Investigations Reports No. 3-2003-021 and 3-2004-023) ML0612300542006-05-0101 May 2006 EA-06-047, Duane Arnold, Notice of Violation IR 05000331/20050112005-07-0101 July 2005 IR 05000331-2005-011; 04/25/2005 - 06/03/2005; Duane Arnold Energy Center, Outage Activities IR 05000331/20050102005-06-10010 June 2005 IR 05000331-05-010 (DRS) on 01/25/2005 - 06/07/2005 for Duane Arnold Energy Center; Safety System Design and Performance Capability Inspection 2015-04-16
[Table view] |
Text
May 1, 2006 IA-04-013 Michael J. Teply
[HOME ADDRESS DELETED UNDER 10 CFR 2.390(a)]
SUBJECT:
NOTICE OF VIOLATION (NRC OFFICE OF INVESTIGATIONS REPORT NO. 3-2003-021)
Dear Mr. Teply:
This refers to the investigation completed on February 6, 2004, by the U.S. Nuclear Regulatory Commission (NRC), Office of Investigations (OI) regarding your activities at the Duane Arnold Energy Center (DAEC) on July 23, 2003. Specifically, you directed an operator to relocate items stored in the cask pool without health physics personnel being present. Enforcement action in this matter was delayed by the NRC until related OI investigations at DAEC were completed.
In our April 28, 2004, letter transmitting the summary of the OI report, we provided you with the opportunity to address the apparent violation identified in the report by either attending a predecisional enforcement conference or by providing a written response before we made our final enforcement decision. In a letter dated May 21, 2004, you provided a response to the apparent violation.
Based on a review of OI Report No. 3-2003-021, information provided by DAEC representatives at a predecisional enforcement conference on June 1, 2004, and the information that you provided in your May 21, 2004, letter, the NRC has determined that a deliberate violation of NRC requirements occurred.
Your deliberate misconduct caused DAEC to violate radiation protection procedures and put you in violation of 10 CFR 50.5, Deliberate Misconduct. Given the significance of the underlying issue, the deliberate nature of your actions on July 23, 2003, and your involvement in a prior willful violation that occurred at DAEC on August 11, 1999 (EA-00-057; IA-00-015), the violation on July 23, 2003, has been categorized in accordance with the NRC Enforcement Policy at Severity Level III. Therefore, after consultation with the Director, Office of Enforcement, I have been authorized to issue a Notice of Violation to you.
(Enclosure 1). Our letter and Notice of Violation issued on this day to DAEC is also enclosed (Enclosure 2) .
You should be aware that if you are involved in NRC-licensed activities in the future, additional deliberate violations could result in more significant enforcement or criminal action.
The NRC has concluded that information regarding the reason for the violation, the corrective actions taken and planned to correct the violation and prevent recurrence and the date when
M. Teply full compliance was achieved is already adequately addressed in your May 21, 2004, letter.
Therefore, you are not required to respond to this letter unless the description therein does not accurately reflect your corrective actions or your position. However, should you choose to respond, your response should be sent to the U.S. Nuclear Regulatory Commission, ATTN: Regional Administrator with a copy to the Enforcement Officer, Region III, 2443 Warrenville Road, Suite 210, Lisle, IL 60532-4352, and marked Open by Addressee Only, Response to IA-04-013, within 30 days of the date of this letter, and you should follow the instructions specified in the enclosed Notice.
If you contest this enforcement action, you should also provide a copy of your response, with the basis for your denial, to the Director, Office of Enforcement, United States Nuclear Regulatory Commission, Washington, DC 20555-0001.
Please contact Steven Orth, Team Leader, Plant Support Team at (630) 829-9827 with any questions.
In accordance with 10 CFR 2.390 of the NRC's Rules of Practice, enforcement actions are made available electronically for public inspection in the NRC Public Document Room or electronically from the NRCs document system (ADAMS), accessible form the NRC Web site at http://www.nrc.gov/ reading-rm/adams.html. A copy of this letter and your response with your address removed, should you choose to provide one, will be made available to the Public. To the extent 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. The NRC also includes significant enforcement actions on its Web site at www.nrc.gov; select What We Do, Enforcement, then Significant Enforcement Actions.
Sincerely,
/RA by Geoffrey Grant Acting for/
James L. Caldwell Regional Administrator Docket No. 50-331 License No. DPR-49
Enclosures:
- 1. Notice of Violation
- 2. Letter to DAEC cc w encls: Gary Van Middlesworth Site Vice-President Duane Arnold Energy Center CERTIFIED MAIL RETURN RECEIPT REQUESTED
FILE NAME: G:\EICS\Duane Arnold\04-013 IA.wpd Publicly Available G Non-Publicly Available G Sensitive Non-Sensitive To receive a copy of this document, indicate in the box: "C" = Copy w/o att/encl "E" = Copy w/att/encl "N" = No copy OFFICE RIII E D:OE1 E OGC2 E RIII E RIII E RIII N NAME Weil Johnson B. Jones Boland for Satorius OBrien Pedersen DATE 04/28/06 04/28/06 04/28/06 4/28/06 5/1/06 5/1/06 OFFICE RIII N NAME Caldwell DATE 5/1/06 OFFICIAL RECORD COPY 1
HQ concurrence provided on 04/28/2006 by C. Nolan, OE.
2 No legal objection received on 04/28/2006 from G. Longo, OGC.
M. Tepley DISTRIBUTION:
L. Reyes, EDO W. Kane, DEDR M. Johnson, OE C. Nolan, OE M. Burrell, OE J. Caldwell, RIII G. Grant, RIII L. Chandler, OGC B. Jones, OGC G. Longo, OGC J. Dyer, NRR D. Holody, Enforcement Officer, RI C. Evans, Enforcement Officer, RII K. OBrien, Enforcement Officer, RIII K. Fuller, Enforcement Officer, RIV R. Pascarelli, Enforcement Coordinator, NRR R. Paul, RIII:OI C. Dvorak, RIII:OI N. Hane, RIII:OI C. Weil, RIII:EICS Resident Inspector OEWEB OEMAIL OAC3
NOTICE OF VIOLATION Michael J. Teply Docket No. 050-00331
[Home Address Deleted License No. DPR-49 Under 10 CFR 2.390(a)] IA-04-013 During an NRC investigation completed on February 6, 2004, a violation of NRC requirements was identified. In accordance with the NRC Enforcement Policy, the violation is listed below:
10 CFR 50.5(a)(1) provides, in part, that any employee of a licensee may not engage in deliberate misconduct that causes or would have caused, if not detected, a licensee to be in violation of any rule, regulation, or order; or any term, condition, or limitation of any license issued by the Commission.
10 CFR 50.5(c) provides, in part, that for the purposes of 10 CFR 50.5(a)(1), deliberate misconduct by a person means an intentional act or omission that the person knows:
(1) Would cause a licensee to be in violation of any rule, regulation, or order; or any term, condition, or limitation of any license issued by the Commission; or (2) Constitute a violation of a requirement, procedure, instruction, contract, purchase order, or policy of a licensee.
Duane Arnold Energy Center (DAEC) Technical Specification 5.4.1. provides, in part, that written procedures shall be established, implemented and maintained covering the applicable procedures recommended in Regulatory Guide 1.33, Revision 2, Appendix A, February 1978.
Section 7 of Appendix A to Regulatory Guide 1.33, Quality Assurance Program Requirements (Operation), Revision 2, February 1978, provides, in part, that the licensee establish written procedures for radiation protection.
Section 3.2.7 of DAEC Administrative Control Procedure ACP1407-2, Revision 10, dated November 4, 2002, Material Control in the Spent Fuel Pool and Cask Pool, a procedure that implements Technical Specification 5.4.1 and Regulatory Guide 1.33, provides, in part, that health physics shall be notified and present prior to relocating or removing any item stored in the spent fuel pool and cask pool.
Contrary to the above, on July 23, 2003, while you were a supervisor employed at the Duane Arnold Energy Center, you deliberately directed an operator to relocate irradiated items stored in the cask pool without notifying health physics or ensuring that health physics personnel were present prior to relocating the irradiated items.
This is a Severity Level III violation (Supplements I and VII) (IA-04-013).
The NRC has concluded that information regarding the reason for the violation, the corrective actions taken and planned to correct the violation and prevent recurrence and the date when full compliance was achieved is already adequately addressed in your May 21, 2004, letter.
However, you are required to submit a written statement or explanation, pursuant to 10 CFR 2.201, if the description therein does not accurately reflect your corrective actions or
Notice of Violation your position. In that case, or if you choose to respond, clearly mark your response as a "Reply to a Notice of Violation; IA-04-013" and send it to the U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, DC 20555 with a copy to the Regional Administrator and Enforcement Officer, Region III, 2443 Warrenville Road, Suite 255, Lisle, IL 60532-4352, and marked Open by Addressee Only, Response to IA-04-013, within 30 days of the date of the letter transmitting this Notice of Violation (Notice).
If you contest this enforcement action, you should also provide a copy of your response, with the basis for your denial, to the Director, Office of Enforcement, United States Nuclear Regulatory Commission, Washington, DC 20555-0001.
Because your response will be made available electronically for public inspection in the NRC Public Document Room or from the NRCs document system (ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html, to the extent possible, it should not include any personal privacy, proprietary, or safeguards information so that it can be made available to the public without redaction. If personal privacy or proprietary information is necessary to provide an acceptable response, then please provide a bracketed copy of your response that identifies the information that should be protected and a redacted copy of your response that deletes such information. If you request withholding of such material, you must specifically identify the portions of your response that you seek to have withheld and provide in detail the bases for your claim of withholding (e.g., explain why the disclosure of information will create an unwarranted invasion of personal privacy or provide the information required by 10 CFR 2.390(b) to support a request for withholding confidential commercial or financial information). If safeguards information is necessary to provide an acceptable response, please provide the level of protection described in 10 CFR 73.21.
Dated this 1st day of May 2006