EA-98-113 - D.C. Cook 1 & 2 (American Electric Power Company)

April 21, 1998

EA 98-113

Mr. E. E. Fitzpatrick
Executive Vice President
Nuclear Generation Group
American Electric Power Company
500 Circle Drive
Buchanan, MI 49107-1395

SUBJECT:

NOTICE OF VIOLATION (NRC INSPECTION REPORTS 50-315/98006(DRS); 50-316/98006(DRS))

Dear Mr. Fitzpatrick:

On February 13, 1998, the NRC completed an inspection at D. C. Cook, Units 1 and 2 reactor facilities. During the inspection, apparent violations of NRC requirements were identified. A copy of the inspection report was sent to you by letter dated March 5, 1998. You were given the option of participating in a predecisional enforcement conference or addressing the apparent violations in writing. You chose to submit a written response dated April 15, 1998.

Based on the information developed during the inspection and the information provided in your April 15 response to the inspection report, the NRC has determined that violations of NRC requirements occurred. The violations involving failure to provide shipping papers and emergency response instructions for a shipment of contaminated objects 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 resulted from poor communications between radiation protection personnel and the truck driver. The driver was instructed to wait for the proper paperwork. The driver was given a shipping memo documenting the addition of a non-radioactive drum of oil and thought that this was the paperwork he needed. The driver then unplacarded the truck and left the D. C. Cook facility without receiving the appropriate paperwork. Notwithstanding the fact that the packages inside the truck were properly labeled and the dose rates on contact were within 10 CFR Part 20 limits, this failure is of significant concern to the NRC because in the event of an accident, responders could not have ascertained the type and quantity of radioactive material present without manipulating the packages inside of the truck. Therefore, the violations are classified in the aggregate in accordance with the "General Statement of Policy and Procedure for NRC Enforcement Actions" (Enforcement Policy), NUREG-1600, as a Severity Level III problem.

In accordance with the Enforcement Policy, a base civil penalty in the amount of $55,000 is considered for a Severity Level III problem. Because your facility has been the subject of escalated enforcement action within the last two years,⁽¹⁾ the NRC considered whether credit was warranted for Identification and Corrective Action in accordance with the civil penalty assessment process in Section VI.B.2 of the Enforcement Policy. Credit is warranted for identification because the violations were identified by your staff. The NRC acknowledges D. C. Cook's actions in response to this incident and subsequent corrective actions to address the root cause of the violations. Specifically, the corrective actions described in your letter dated April 15, 1998 to address the root cause included providing instruction for all personnel handling radioactive material shipments to ensure that they understood what occurred and were aware of the circumstances of this incident, and instituting a policy that requires all drivers picking up radioactive material shipments from locations other than inside the protected area to be escorted at all times in order to provide reasonable assurance that no shipment will leave the site without the appropriate paperwork and placarding. Thus, credit for Corrective Action is warranted because your staff's actions were prompt and comprehensive.

Therefore, to encourage identification and comprehensive correction of violations, I have been authorized, after consultation with the Director, Office of Enforcement, not to propose a civil penalty in this case. However, significant violations in the future could result in a civil penalty.

The NRC has concluded that information regarding the reason for the violations and the corrective actions taken to correct and prevent recurrence of the violations, is already adequately addressed on the docket in Inspection Report 50-315/98006(DRS); 50-316/98006(DRS) and your April 15, 1998 response to the apparent violations. Therefore, you are not required to respond to this letter unless the description therein does not accurately reflect your corrective actions or your positions. In that case, or if you choose to provide additional information, you should follow the instructions specified in the enclosed Notice.

In addition, we have reviewed the corrective actions addressed in Attachment 1 of your April 15 letter responding to the Notice of Violation sent to you by letter dated March 5, 1998. The actions taken appear to be adequate and we have no further questions at this time.

In accordance with 10 CFR 2.790 of the NRC's "Rules of Practice," a copy of this letter, its enclosure, and your response, if you elect to provide a response, will be placed in the NRC Public Document Room.

Sincerely, A. Bill Beach Regional Administrator

Docket Nos. 50-315; 50-316
License Nos. DPR-58; DPR-74

Enclosure: Notice of Violation

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NOTICE OF VIOLATION

Indiana Michigan Power Company Donald C. Cook Nuclear Plant

Docket Nos. 50-315; 50-316 License Nos. DPR-58; DPR-74 EA 98-113

During an NRC inspection conducted from February 9 through 13, 1998, 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:

10 CFR 71.5 requires, in part, that each licensee who transports licensed material outside of the site of usage, or where transport is on public highways, or who delivers licensed material to a carrier for transport, shall comply with the applicable Department of Transportation regulations in 49 CFR parts 170 through 189 appropriate to the mode of transport.

A. 49 CFR 172.200(a) requires, with exceptions not applicable here, that each person who offers a hazardous material for transportation describe the hazardous material on the shipping paper in the manner required by subpart C of 49 CFR Part 172. Pursuant to 49 CFR 172.101, radioactive material is classified as hazardous material.

Contrary to the above, on January 26, 1998, the licensee offered radioactive material consisting of two packages labeled as surface contaminated objects to a carrier for transport and did not include with the shipment a shipping paper describing the material. (01013)

B. 49 CFR 172.600 requires, with exceptions not applicable here, that no person may offer for transportation, accept for transportation, transfer, store or otherwise handle during transportation, a hazardous material unless emergency response information conforming to subpart G of 49 CFR Part 172 is immediately available for use at all times the hazardous material is present. Pursuant to 49 CFR 172.101, radioactive material is classified as hazardous material.

Contrary to the above, on January 26, 1998, the licensee offered radioactive material for transport without the required emergency response information. (01023)

This is a Severity Level III problem (Supplement V).

The NRC has concluded that information regarding the reason for these violations; the corrective actions taken and planned to correct the violations, and prevent recurrence; and the date when full compliance will be achieved is already adequately addressed on the docket in Inspection Report 50-315/98006(DRS); 50-316/98006(DRS) and your April 15, 1998 response to the apparent violations. However, you are required to submit a written statement or explanation pursuant to 10 CFR 2.201 if the description therein does not accurately reflect your corrective actions or your position. In that case, or if you choose to respond, clearly mark your response as a "Reply to a Notice of Violation," and send it to the U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, D. C. 20555 with a copy to the Regional Administrator, Region III, and copy to the D. C. Cook NRC Resident Inspector Office, within 30 days of the date of the letter transmitting this Notice of Violation.

If you contest this enforcement action, you should also provide a copy of your response to the Director, Office of Enforcement, United States Nuclear Regulatory Commission, Washington, D.C. 20555-0001.

If you choose to respond, you response will be placed in the NRC Public Document Room (PDR). Therefore, to the extent possible, it should not include any personal privacy, proprietary, or safeguards information so that it can be placed in the PDR without redaction. Under the authority of Section 182 of the Act, 42 U.S.C. 2232, this response shall be submitted under oath or affirmation.

Dated at Lisle, Illinois
this 21st day of April 1998

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¹A Severity Level III violation was issued March 11, 1996 (EA 96-020), for an inoperable SI pump.