ML20214C413
| ML20214C413 | |
| Person / Time | |
|---|---|
| Site: | Monticello, Prairie Island, 05000000 |
| Issue date: | 11/12/1986 |
| From: | Gilbert D, Gilberts D NORTHERN STATES POWER CO. |
| To: | |
| Shared Package | |
| ML20214C365 | List: |
| References | |
| EA-86-164, NUDOCS 8611210093 | |
| Download: ML20214C413 (6) | |
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION J
In the Matter of ) Docket Nos. 50-282
) 50-306 NORTHERN STATES POWER COMPANY )
Prairie Island Nuclear ) Docket No. 50-263 .
Generating Plants, Units 1 & 2 ) EA 86-164 l
)
NORTHERN STATES POWER COMPANY )
Monticello Nuclear Generating 3 AFFIDAVIT OF Plant ) DENNIS E. GILBERTS Dennis E. Gilberts, Northern States Power Company's Senior Vice President for Power Supply, being duly sworn, deposes and states as follows:
On October 22, 1986, Northern States Power Company, the Operator of the Monticello Nuclear Generating Plant, received an order to Show Cause from the NRC regarding the use of radios in the Monticello control room. This order was received by NSP Management shortly after 10:00 A.M. on the morning of the 22nd.
By 10:30 A.M., the radio had been removed from the Monticello Nuclear Generatinc Plant control room. The control room radio had been removed from NSP's Prairie Island Nuclear Generating
- Plant, Units 1 & 2, on July 29, 1985.
James M. Taylor, NRC Director of the Office of Inspection and Enforcement, indicated in his October 20, 1986 letter that the NRC has serious concerns that NSP's return of the radio l
to the Monticello control room, following the order of the i
Federal Arbitrator, was. undertaken without. any prior discussion, notification;cr consultation with the Executive Director For Operations. In the time periods before both the arbitration itself and before the return of the radio to the Monticello control room, NSP was in frequent contact with NRC personnel at Monticello and at Region III. Jack Sjoholm, NSP's corporate counsel in the arbitration proceeding, spoke with Bruce Berson, Regional Counsel for the NRC, on July 22 regarding the arbitra-tion. During that phone conversation, Mr. Sjoholm indicated to Mr. Berson that NSP's unilateral removal of the radios at the t request of the NRC was probably a violation of federal law, namely the National Labor Relations Act. He also indicated to Mr. Berson that NSP would be legally bound following the arbitration decision to return the radio to the control room if that were the decision of the arbitrator.
8611210093 e61112 PDR ADOCK 05000263 G PDR
r NSP strongly encouraged the NRC to actively participate in the arbitration hearing with NSP's local union. In a letter dated June 30, 1986, NSP wrote to Mr. James Keppler, the Administrator of Region III, and formally repeated the oral requests previously made that the NRC participate in the arbitration. As NSP stated in that letter:
"It will be more difficult for NSP to explain and justify the radio removal without the participation of the NRC.
The arbitrator will not have the benefit of the NRC's i analysis at arriving at his decision in this matter. NRC participation in this arbitration would make for a more complete and me t aingful consideration of the issue. The NRC should reconsider their current position concerning their participation in this arbitration."
The NRC neither participated in:nor appeared at the arbitration heering.
The purpose of this written submission is to demonstrate that NSP has acted appropriately throughout the radio proceeding.
NSP respectfully submits that the following factual background will demonstrate that NSP has acted with the utmost caution and responsibility in this radio issue, and has been in frequent contact with the NRC at all stages of this proceeding.
Factual Background NSP began commercial operations at the Monticello Nuclear Generating Plant in July, 1971. From July 1971 through July 1985, NSP permitted the presence of a radio in the control room at Monticello unoer very limitea ano contro11eo conoitions. As the operator of a nuclear facility, NSP issued from time to time Administrative Control Directives (ACDs) which formalized proce-dures or rules established by NSP relating to the functions and conduct of nuclear plant employees. On February 9, 1981, the NRC issued Circular 81-02, entitled " Performance of NRC Licensed Individuals While on Duty." This four-page circular addressed the issue of operator attentiveness'.and had. the following language on the third: paragraph of t.he second page:
"Potentially distracting activities in the control room and other watch stations must be prohibited (for example:
radios, TVs, alcohol use or drug abuse, games, horseplay, hobbies and reading that is not directly job-related)."
O Following the issuance of this NRC circular, NSP issued an ACD, No. 4 ACD-4.7, on April 3, 1981, entitled " Plant Operator and Control Room Activities." Paragraph 6.2.4.3 of that ACD states as follows:
"Potentially distracting activities in the control room, watch stations, and other operating work areas shall be prohibited. This shall include such items as TV, alcohol use or drug abuse, games, horseplay, hobbies and reading that is not directly job-related. Use of radios may be allowed provided the radio is tuned to a background music program (with only brief broadcast of news, sports, weather, etc.) and the volume is turned down to a non-distracting level. Radios shall not be turned to sports broadcasts, extensive news programs, talk programs, etc., where pro-longed attentiveness would be distracting to operating activities." :
Neither NSP nor the NRC had ever expressed concern with the use of radios in the control room of the Monticello Nuclear Generating Plant.
In early July of 1985, D. E. Gilberts, NSP's Senior Vice President in charge of Electric Generation, received a telephone call from the NRC's James Keppler. Mr. Keppler called Mr.
~
Gilberts asking NSP to give serious consideration to removing the radios used for background music from NSP control rooms at Monticello and Prairie Island. Mr. Keppler strongly suggested it would be a prudent course for NSP.
Mr. Gilberts gave the matter serious consideration in view of the fact that Mr. Keppler had stated that onlv three nuclear plants in the entire country allowed radios in the control room.
Two of those were NSP plants. While Mr. Gilberts concluded it would be prudent for NSP to discontinue use of the radios, he contacted Mr. Keppler again and offered the alternative of pre-approved taped musical programming or Muzak.
On July 19, 1985, William O. Dircks wrote NSP's President and Chief Operating OffAcer reg'arding removal of the radios from the control rooms at Monti6ello and Prairie Island. This letter suggested that NSP's President was responsible for safe nuclear operations and operators in the serious business of operating a nuclear plant needed close attention to duties in a strictly business-like atmosphere. Mr. Dircks concluded his letter with the following:
"If the NRC continues to note problems in this area, I can assure you there will be further regulatory.and enforcement action."
Following the issuance of this NRC circular, NSP issued an ACD, No. 4 ACD-4.7, on April 3, 1981, entitled " Plant Operator and Control Room Activities." Paragraph 6.2.4.3 of that ACD states as follows:
"Potentially distracting activities in the control room, watch stations, and other operating work areas shall be prohibited. This shall include such items as TV, alcohol use or drug abuse, games, horseplay, hobbies and reading that is not directly job-related. Use of radios may be allowed provided the radio is tuned to a background music program (with only brief broadcast of news, sports, weather, etc.) and the volume is turned down to a non-distracting level. Radios shall not be turned to sports broadcasts, extensive news programs, talk programs, etc., where pro-longed attentiveness would be distracting to operating activities."
Neither NSP nor the NRC had ever expressed concern with the use of radios in the control room of the Monticello Nuclear Generating Plant.
In early July of 1985, D. E. Gilberts, NSP's Senior Vice President in charge of Electric Generation, received a telephone call from the NRC's James Keppler. Mr. Keppler called Mr.
Gilberts asking NSP to give serious consideration to removing the radios used for background music from NSP control rooms at Monticello and Prairie Island. Mr. Keppler strongly suggested it would be a prudent course for NSP.
Mr. Gilberts gave the matter serious consideration in view of the fact that Mr. Keppler had stated that only three nuclear plants in the entire country allowed radios in the control room.
Two of those were NSP plants. While Mr. Gilberts concluded it would be prudent for NSP to discontinue use of the radios, he contacted Mr. Keppler again and offered the alternative of pre-approved taped musical programming or Muzak.
On July 19, 1985, William O. Dircks wrote NSP's President and Chief Operating Officer reg'arding removal of the radios from the control rooms at Monti6ello and Prairie Island. This letter suggested that NSP's President was responsible for safe nuclear operations and operators in the serious business of operating a nuclear plant needed close attention to duties in a strictly business-like atmosphere. Mr. Dircks concluded his letter with the following:
"If the NRC continucs to note problems in this area, I can assure you there will be further regulatory and enforcement action."
Shortly after this letter was received by NSP, Mr. Gilberts again received a telephone call from Mr. Keppler who had been in phone contact with Mr. Dircks. Dircks was apparently adament that no radios or piped-in music would be acceptable to the NRC.
However, NSP was justifiably concerned that the removal of the radios would be viewed negatively by the operators. NSP did remove the radios from the control rooms on July 29, 1985. Based upon discussions with the NRC's Victor Stello at Monticello during a C.R.G.R. visit in early August, Mr. Gilberts wrote Mr. Dircks on August 19, 1985, requesting a reconsideration of l an alternative to the total removal of the radio. This alter-native was the installation of a tape deck with a library of approved background music tapes and with loudness controlled to a non-distracting level. Mr. Gilberts felt that this alternative would address the NRC's concern.regarding potential distraction while still providing the benefits from background music that NSP and its operators recognized. On September 10, 1985, Mr.
Dircks reaffirmed NRC's conclusion that the playing of radios or music could potentially have a significant negative effect on the attentiveness of operators and their ability to closely monitor plant status.
Following removal of the radio and Dircks' letter, Local 160 of the International Brotherhood of Electrical Workers (IBEW) filed a grievance under its current collective bargaining agreement with NSP. For some reason, Local 160 chose not to file a complaint with the National Labor Relations Board. No grievanca was filed by Local 949, the local representing the operators at NSP's Prairie Island Nuclear Generating Plant.
.a.: diccu :cd beec, NSr di=cu::cd th: July, 1000 arbitration with the NRC on many occasions prior to July. NSP consistently encouraged the NRC to take an active part in the arbitration to explain the justification for radio removal. The NRC was unwilling to participate. On October 1, 1986, Federal Arbitrator J. C.
Fogelberg issued his decision determining that NSP had improperly removed the radio from the Monticello control room without prior negotiations with Local 160. .A copy,of that decision was given to Paul Hartman, the NRC's tSite Inspector ~at Monticello for transmission.to the Region;III office.
On October 7, 1986, C. E. Larson, NSP's Vice President for Nuclear Generation, received a call from Charles Norelius from Region III. Larson stated that we would propose to the operators the addition of a tape deck in the control room in lieu of returning the radio. Norelius advised Larson that Washington had been informed of the arbitrator's decision.
He also stated that in his absence and Mr. Keppler's absence, NSP should keep Mr. Burt Davis advised of further developments.
_4_
On October.8, 1986, Larson called Burt Davis, Region III Deputy Administrator, and advised him that while the Monticello operators were agreeable to the tape deck alternative, Local 160 had insisted that the radio must be reinstalled. Accordingly, Larson advised Davis that on that day, NSP would reinstall the radio in the Monticello control room. Davis questioned whether we were going to try to negotiate removal of the radio in exchange for the tape deck. Larson said that NSP would try to do so. On October 10, 1986, James Keppler called D. E. Gilberts stating that Washington was unhappy about the decision to restore the radio to the Monticello control room. Gilberts explained that NSP had no real legal option other than to abide by the decision of the arbitrator. A more complete discussion of the legal position can be found in the October 16 letter from Gilberts to Keppler. Keppler was also concerned that the radio might have been returned to the_ Prairie Island control room.
Gilberts verified that a radiohad not been reinstalled at Prairie Island and so advised K,eppler that same day.
On October 14, Keppler again called Gilberts indicating that Washington was disturbed about the radio and that a show cause order would be issued by the NRC.
On October 22, 1986, following NSP's removal of the radio within one half hour of receiving the NRC's Order to Show Cause, Gilberts left messages for the NRC's Keppler, Taylor and Stello indicating that the radio had been removed.
Conclusion Northern States Power Company submits that the facts dcccribed cbc/c cpech tc CP'c censistent cnd conscienticus attempts to respond to the NRC's concern about potential operator distractions caused by radios in the control rooms.
The facts show that NSP wac constantly in touch with the NRC at all stages throughout the last fifteen months.
In his October 20, 1986 letter, the NRC's James M.
Taylor stated: ,
"thatwe[wouldhaveexhectedthatgiventheattentionwe placed on this matter (the radio) you would have initiated consultation with us prior to your taking your unilateral action." (Emphasis supplied.)
Apparently, Mr. Taylor was unaware of how regularly and frequently NSP consulted with the NRC prior to returning the radio to the control room.
In view of the NRC's firm position in this matter, we are presently negotiating in good faith with Local Union 160 and 949, as required by Federal Labor Law and our current collective bar-gaining agreement, to recognize the permanent removal of the radios from the control rooms.
l l
i i
NSP has always been seriously concerned about the safe i operation of its nuclear generating plants. NSP's record at Monticello and Prairie Island amply demonstrates that concern.
Our motivations and actions in this matter were an attempt to strike a balance between the NRC concerns about the potential distraction caused by radios in the control rooms and our con-cerns for maintaining high operator morale and effectiveness.
FURTHER AFFIANT SAITH NAUGHT.
- 2.n.m /
Dennis E. Gilberts ffV Senior Vice President, Power Supply Northern States Power 414 Nicollet, Mall Minneapolis, Minnesota 55401 Subscribed and sworn to before me t r.is 12th day of November, 1986.
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