ML20151V738

Notice of Violation & Proposed Imposition of Civil Penalty in Amount of $800.Violation Noted:Senior Operator Inattentive to Instrumentations & Controls & Allowed Personnel to Be Distracted During Period Prior to 870324

ML20151V738
Person / Time
Site:	Peach Bottom, 05503219
Issue date:	08/09/1988
From:	Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:
Shared Package
ML20151V720	List: ML20151V716 ML20151V738
References
EA-88-027, EA-88-27, NUDOCS 8808220361
Download: ML20151V738 (2)

Text

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NOTICE OF VIOLATION AhD PROPOSED IMPOSITION OF CIVIL PENALTY ,

I Andrew R. Waroo Docket No. 55-3219 License No. SOP-2191-6 HOME ADDRESS DELETED EA 88-27 UNDER 10 CFR 2.790 During an enforcement conference conducted with you on February 16, 1988 a viola-tion of your senior reactor operator license was admitted. In accordance with ,

the "General Statement of Policy and Procedure for NRC Enforcement Actions," l 10 CFR Part 2, Appendix C (1988), the Nuclear Regulatory Comission proposes to impose a civil penalty pursuant to Section 234 of the Atomic Energy Art of 1954, as amended (Act), 42 U.S.C. 2282, and 10 CFR 2.205. The particular violation and associated civ~1 penalty are set forth below: l Senior Reactor Operator License No. SOP-2191-6 requires, in part, that when manipulation, or directing manipulation of, the controls of the Peach Bottom Atomic Power Station, Units 2 and 3, you shall observe the operating procedures and other conditions specified in the facility license which authorizes operation of the facility.

Technical Specification 6.8 of Facility Operating License Nos. DPR-44 and DPR-56 for the Peach Bottom Atomic Power Station requires the establishment and implementation of certain written procedures and administrative policies. Peach Bottom Administrative Procedure No. A.7, entitled "Chift 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 senior licensed cperators be alert and attentive to their instrumentation and controls within this area at all times, and alldistractingactivitiesinthecontrolroommustbeprohibited(for example, horseplay, and reading that is not directly job related).

Contrary to the above, on various shifts fcr an extended and indeterminate period of time prior to March 24, 1987, particularly during the 11:00 p.m. to 7:00 a.m. shif t, 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 precluded adequate perfore nce of licensed duties.

This is a Severity Level II Violation. (SupplementI)

Civil Penalty - $800.

Pursuant to the provisions of 10 CFR ?.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 Notice. This 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, (2) the reasons for the viohtion if admitted, (3) the corrective steps thatbeen that have have taken been totaken avoid and furtherthe results violations, achieved, and (5(4))the corrective the date when fullsteps compliance will be achieved. If an. adequate reply is not received within the time specified in this Notice, an order may be issued to show cause why your-g2M G

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' Notice of Violation license should not be modified, suspended, or revoked or why such other action as may be proper should not be taken. Consideration may be given to extending l the response time for good cause shown. Under the authority of section 182 i

i of the Act, 42 U.S.C 2232, this response shall be submitted under oath or affirmation.

Within the same time as >rovided for the response required above under 10 CFR 2.201, you may pay t1e civil penalty by letter to the Director, Office of Enforcement, U.S. Nuclear Regulatory Comission, with a check, draft, or money order payable to the Treasurer of the United States in the a:nount of the civil penalty proposed above, or may protest imposition of the civil penalty in whole or in part by a written answer addressed to the Director, Office of Enforcement, U.S. Nuclear Regulatory Comission. Should you fail l to answer within the time specified, an order imposing the civil penalty will l be issued. Should you elect to file an answer in accordance with 10 CFR 2.205 l protesting the civil penalty, in whole or in part, such answer should be clearly marked as an "Answer to a Notice of Violation" and may: (1) deny the violationlistedinthisNoticeinwholeorinpart}s(2)demonstrateextenuating circumstances, (3) show error in this Notice, or (4 how other reasons why the penalty should not be imposed. In addition to protesting the civil penalty,  ;

l such answer may requcst 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. Any written answer in accordance with 10 CFR 2.205 should be set forth separately l from the statenent or explaration in reply pursuant to 10 CFR 2.201, but may. l incorporate parts of the 10 CFR 2.201 reply by specific reference (e.g., citing l 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.

Upon failure to pay any civil penalty due which 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 penalty, unless compromised, remitted, or mitigated, may be collected by civil action pursuant to Section 234c of t e Act, 42 U.S.C. 2282c.

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 NoticeofViolation)shouldbeaddressedto: Director, Office of Enforcement, U.S. Nuclear Regulatory Comission, ATTN: Document Control Desk, Washington, DC 20555 with a copy to the Regional Administrator, U.S. Nuclear Regulatory Comission, Region I, 475 Allendale Road, King of Prussia, Pennsylvania 19405.

FCR THE NUCLEAR REGULATORY COMMISSION D

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es M. Tay1 , Deputy Executive Director for Region Operations DatedthisqdayofAugust1988

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