IR 05000348/2013009

IR 05000348-13-009 and 05000364-13-009, 2/2/2012, Farley, Notice of Violation and OI Report 2-2012-011, EA-12-240

ML13063A274
Person / Time
Site:	Farley
Issue date:	03/04/2013
From:	McCree V M Region 2 Administrator
To:	Lynch T A Southern Nuclear Operating Co
References
EA-12-240, 2-2012-011 IR-13-009
Download: ML13063A274 (9)

Text

March 4, 2013

EA-12-240

Mr. T. Vice President Southern Nuclear Operating Company, Inc. Joseph M. Farley Nuclear Plant P.O. Drawer 470, BIN B500 Ashford, AL 36312

SUBJECT: NOTICE OF VIOLATION - NUCLEAR REGULATORY COMMISSION OFFICE OF INVESTIGATIONS REPORT NO. 2-2012-011 AND NRC INSPECTION REPORT 05000348/2013009 AND 05000364/2013009

Dear Mr. Lynch:

This letter refers to an investigation initiated on February 2, 2012, by the U.S. Nuclear Regulatory Commission (NRC) Office of Investigations (OI). The purpose of the investigation was to review the circumstances surrounding missed fire watches that occurred at Southern Nuclear Operating Company's (SNC) Farley Nuclear Plant (FNP) between September and December 2011. The results of the investigation, including the identification of two apparent violations, were documented in NRC Inspection Report Nos. 05000348/2012008 and 05000364/2012008, dated January 9, 2013.

In the letter transmitting the inspection report, we provided you with the opportunity to address the apparent violations 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 lieu of a predecisional enforcement conference, FNP provided a written response to the apparent violations, dated February 8, 2013. FNP did not contest the apparent violations, and provided details of its review of the matter and corrective actions.

Based on the information developed during the investigation and the information that you provided in your response of February 8, 2013, the NRC has determined that two violations of NRC requirements occurred. The violations are cited in the enclosed Notice of Violation (Notice) and the circumstances surrounding them are described in detail in the subject inspection report.

The violations occurred between September and December 2011, when four contract employees willfully failed to complete fire watch rounds required to ensure that Farley remained in compliance with 10 CFR 50.48, Fire Protection. In addition, these same employees falsified fire watch logs by annotating that hourly fire watches were completed when in fact they had not been performed. These actions caused FNP to be in violation of 10 CFR 50.48 together with a site implementing procedure requiring roving fire watch patrols, and 10 CFR 50.9(a), requiring the accurate and complete documentation of such fire watches. In this case, the violations did not result in any actual consequences because there was no fire at the facility during the time period. In addition, the potential consequences of missed fire watches were low, due to the different forms of fire mitigation available such as fire detection systems, fire barriers, sprinklers, and fire extinguishers. Furthermore, FNP maintains a staffed fire brigade, and security and operations personnel conduct daily rounds throughout areas of the plant that overlap numerous fire watch areas.

However, the actions of multiple employees deliberately failing to complete fire watches and falsifying associated documentation is a concern. As discussed in the NRC Enforcement Policy, deliberate violations are of particular concern to the NRC because our regulatory program is based on licensees, contractors, and their employees acting with integrity. Based on the above, and in light of the interrelationship of the two violations, the NRC has concluded that the violations are appropriately characterized as a Severity Level III problem in accordance with the NRC Enforcement Policy.

In accordance with the NRC Enforcement Policy, a base civil penalty in the amount of $70,000 is considered for a Severity Level III problem. Because your facility has not been the subject of escalated enforcement actions within the last two years, the NRC considered whether credit was warranted for Corrective Action in accordance with the civil penalty assessment process in Section 2.3.4 of the Enforcement Policy. As discussed in FNP's letter of February 8, 2013, corrective actions included but were not limited to: (1) the prompt initiation of an investigation into the matter, (2) an extent of condition review to determine whether the incident was isolated to one individual, (3) conduct of stand down meetings with the contractor to ensure performance expectations were clearly understood, (4) activities to improve active contractor oversight and control to verify the consistent performance of required fire watches, and (5) other SNC fleet activities to strengthen oversight of supplemental personnel. Based on the above, credit is warranted for the factor of Corrective Action.

Therefore, in recognition of your prompt and comprehensive corrective actions to preclude recurrence of similar future violations, I have been authorized, after consultation with the Director, Office of Enforcement, to propose that a civil penalty not be assessed in this case.

The NRC has concluded that information regarding the reason for the violations, the corrective actions taken and planned to correct the violations and prevent recurrence, and the date when full compliance was achieved is already adequately addressed on the docket in FNP's letter of February 8, 2013. Therefore, you are not required to respond to this letter unless the description therein does not accurately reflect your corrective actions or your position. In that case, or if you choose to provide additional information, you should follow the instructions specified in the enclosed Notice. In accordance with 10 CFR 2.390 of the NRC's "Rules of Practice," a copy of this letter, its enclosure, and your response (if you chose to provide one), 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 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. If personal privacy or proprietary information is necessary to provide an acceptable response, 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 information, 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). The NRC also includes significant enforcement actions at http://www.nrc.gov/reading-rm/doc-collections/ enforcement/actions/. For administrative purposes, this letter is issued as a separate NRC Inspection Report, No. 05000348/2013009 and 05000364/2013009. Accordingly, AVs05000348/2012008-01 and -02 are closed, and VIO 05000364/2013009-01, Deliberate Failure to Conduct Fire Watches, is open.

Should you have any questions concerning this letter, please contact Mr. Rick Croteau at (404) 997-4500.

Sincerely,/RA/

Victor M. McCree Regional Administrator Docket Nos.: 50-348, 50-364 License Nos.: NPF-2, NPF-8

Enclosure:

Notice of Violation cc w/encl: (See page 4)