05000305/FIN-2012002-09
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Finding | |
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| Title | Licensee-Identified Violation |
| Description | Failure of Licensed Operator to Report a Medical Condition On December 21, 2005, a KPS employee was diagnosed with sleep apnea and was prescribed a CPAP [Continuous Positive Airway Pressure] device to aid in correcting sleep patterns. The employee was subsequently enrolled in the KPS initial operator license training to obtain an NRC operators license. The employee did not report the use of the CPAP device to the site nurse when she was preparing the applicants medical certification in conjunction with his application to the NRC to become a licensed operator. This prescribed device was used to treat sleep apnea and was a condition requiring notification of the NRC. The employee was unaware of the requirement to report the use of CPAP devices. The employee was issued an NRC operating license on March 2, 2011, without a requirement to use therapeutic devices as directed. The NRC issued the operators license without knowledge of the operators medical condition. If the NRC had been informed of this medical condition, the NRC would have required a medical restriction be included in the operators license. This was a potential violation of 10 CFR 50.9, Completeness and Accuracy of Information. On July 6, 2011, the operator notified the site nurse of his prescription for a CPAP device. On August 1, 2011, the licensee notified the NRC of the need to add this condition to the operators license. On October 24, 2011, the NRC amended the operators license to include the license condition, must use therapeutic devices as prescribed to maintain medical qualifications. Since the license had previously been submitted without the license condition, and the NRC doctor determined that the license needed to be revised; the original license submittal was incomplete/inaccurate. As such, this was a violation of 10 CFR 50.9. Because this issue impacted the ability of the NRC to perform its regulatory oversight function, the regulatory significance was determined using the traditional enforcement process. The inspectors determined that the operators medical condition did not adversely affect the operators ability to safely operate the facility even though the operators license was incorrect. The operators performance was monitored and evaluated as satisfactory during periodic testing and requalification testing. As such, the NRC determined this to be an SL IV violation, which may be dispositioned as an NCV, consistent with Section 2.3.2 of the NRC Enforcement Policy. Corrective actions included a resubmitted NRC Form 396 for the operator, documenting the issue in CR435966, and performing an ACE. Additionally, the licensee conducts annual training regarding operator license restrictions, including the use of prescribed medication, therapeutic devices, and reporting of medical conditions. The inspectors review of this issue was considered to be a part of the original inspection effort, and as such did not constitute any additional inspection samples. |
| Site: | Kewaunee  |
|---|---|
| Report | IR 05000305/2012002 Section 4OA7 |
| Date counted | Mar 31, 2012 (2012Q1) |
| Type: | NCV: Green |
| cornerstone | Mitigating Systems |
| Identified by: | Licensee-identified |
| Inspection Procedure: | |
| Inspectors (proximate) | D Mcneil K Riemer R Krsek K Barclay A Shaikh |
| INPO aspect | |
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Finding - Kewaunee - IR 05000305/2012002 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Finding List (Kewaunee) @ 2012Q1
Self-Identified List (Kewaunee)
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