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EA-02-117 - Davis-Besse - FirstEnergy Nuclear Operating CompanyFebruary 19, 2003 EA-02-117 Mr. Lew W. Myers
Dear Mr. Myers: The purpose of this letter is to provide you with the final results of our significance determination of the two preliminary White findings identified in the subject inspection report. The two findings were associated with radiological controls related to steam generator nozzle dam installation conducted on February 20, 2002. The findings involved failures by your staff to: (1) conduct an adequate evaluation of the radiological hazards in order to characterize the radiological work conditions; and (2) take timely and suitable measurements to adequately monitor the occupational intake of these materials by workers during and following the steam generator nozzle dam installation. The inspection findings were assessed using the significance determination process and were preliminarily characterized as White, (i.e., a finding with low to moderate increased importance to safety, which may require additional NRC inspections). In a telephone conversation with Mr. T. Kozak of NRC, Region III, on January 21, 2003, Mr. P. McCloskey of your staff indicated that FirstEnergy Nuclear Operating Company agreed with the preliminarily characterization of the risk significance of the findings and declined the opportunity to provide additional information or discuss the issue in a regulatory conference. After considering the information developed during the inspection, the NRC has concluded that the inspection findings are appropriately characterized as White (i.e., an issue with low to moderate increased importance to safety, which may require additional NRC inspections). You have 30 calendar days from the date of this letter to appeal the staff's determination of significance for the identified White findings. Such appeals will be considered to have merit only if they meet the criteria given in NRC Inspection Manual Chapter 0609, Attachment 2. The NRC has also determined that the failure to conduct adequate surveys of the radiological hazards and the failure to take timely and suitable measurements of radioactive material to adequately monitor the workers' occupational intake were violations of 10 CFR Part 20.1501(a), and 10 CFR Part 20.1204(a); respectively, as cited in the enclosed Notice of Violation (Notice). The circumstances surrounding the violations are described in detail in the subject inspection report. In accordance with the NRC Enforcement Policy, NUREG-1600, the Notice of Violation is considered escalated enforcement action because it is associated with a White finding. You are required to respond to this letter and should follow the instructions specified in the enclosed Notice when preparing your response. Because plant performance is under review in accordance with NRC Inspection Manual Chapter (IMC) 0350, "Oversight of Operating Reactor Facilities in a Shutdown Condition with Performance Problems," on October 30, 2002, the issues concerning the radiation protection program were added to the Davis-Besse Oversight Panel Restart Checklist. The Restart Checklist is a listing of issues requiring resolution before the Oversight Panel could consider a recommendation for facility restart. The Oversight Panel has discussed its plans for a follow-up inspection with you. In accordance with 10 CFR 2.790 of the NRC's "Rules of Practice," a copy of this letter, its enclosure, and your response 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. The NRC also includes significant enforcement actions on its Web site at www.nrc.gov; select What We Do, Enforcement, then Significant Enforcement Actions.
Enclosure: Notice of Violation Docket No. 50-346 cc w/encl:
NOTICE OF VIOLATION
During an NRC inspection which was initiated on September 30, 2002, two violations of NRC requirements were identified. In accordance with the "General Statement of Policy and Procedure for NRC Enforcement Actions," NUREG-1600, the violations are listed below:
Pursuant to the provisions of 10 CFR 2.201, First Energy Nuclear Operating Company, is hereby required to submit a written statement or explanation to the U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, DC 20555 with a copy to the Regional Administrator, Region III, and a copy to the NRC Resident Inspector at the facility that is the subject of this Notice, within 30 days of the date of the letter transmitting this Notice of Violation (Notice). This reply should be clearly marked as a "Reply to a Notice of Violation" and should include for each violation: (1) the reason for the violation, or, if contested, the basis for disputing the violation or severity level, (2) the corrective steps that have been taken and the results achieved, (3) the corrective steps that will be taken to avoid further violations, and (4) the date when full compliance will be achieved. Your response may reference or include previous docketed correspondence, if the correspondence adequately addresses the required response. If an adequate reply is not received within the time specified in this Notice, an order or a Demand for Information may be issued as to why the license should not be modified, suspended, or revoked, or why such other action as may be proper should not be taken. Where good cause is shown, consideration will be given to extending the response time. 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 NRC's 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 2.790(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. In accordance with 10 CFR 19.11, you may be required to post this Notice within two working days. Dated this 19th day of February 2003 |
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