Escalated Enforcement Actions Issued to Reactor Licensees - M

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• Maine Yankee
• Massachusetts Institute of Technology
• McGuire 1 & 2
• Millstone 1, 2 & 3
• Monticello

Maine Yankee - Docket No. 050-00309

NRC Action Number(s) and Facility Name	Action Type (Severity) & Civil Penalty (if any)	Date Issued	Description
EA-96-299 Maine Yankee Atomic Power Station	NOVs	10/8/1998	The violation stemmed from an Independent Safety Assessment of the Maine Yankee facility conducted in 1996 and Office of Investigations (OI) investigations from late 1995 through late 1997.

Massachusetts Institute of Technology - Docket No. 050-00020

NRC Action Number(s) and Facility Name	Action Type (Severity) & Civil Penalty (if any)	Date Issued	Description
EA-03-155 Massachusetts Institute of Technology Research Reactor	NOV (SL III)	10/31/2003	On October 31, 2003, a Notice of Violation was issued for a Severity Level III violation involving the failure of a reactor control operator to be present at the controls at all times during the operation of the facility, in that he was sleeping for approximately 30 minutes.

McGuire 1 & 2 - Docket Nos. 050-00369; 050-00370

NRC Action Number(s) and Facility Name	Action Type (Severity) & Civil Penalty (if any)	Date Issued	Description
EA-09-252 McGuire 1 & 2	ORDER	06/02/2010	On June 2, 2010, an immediately effective Confirmatory Order was issued to Duke Energy Carolinas, LLC. (Duke Energy), to confirm commitments made as a result of an Alternative Dispute Resolution mediation session held on March 29, 2010. This enforcement action is based on two violations of NRC requirements at the McGuire Nuclear Station, which included a contract employee introducing and using marijuana inside the Protected Area and a contract employee failing to immediately report the event to Duke Energy management. Duke Energy agreed to take the following actions: (1) develop a summary of lessons learned from the facts and circumstances surrounding the apparent violations and communicate this summary to its fleet wide employees; (2) perform a self-assessment of the adequacy of the programs and processes in place to detect and deter the introduction of illegal drugs and alcohol into the Protected Area of Duke Energy's nuclear stations and implement appropriate enhancements in accordance with Duke Energy's corrective action program; and (3) prior to December 31, 2010, perform an effectiveness review of the corrective actions identified in (1) and (2) above. This is in addition to several other corrective actions already completed by Duke Energy. In consideration of these commitments, and the corrective actions already completed by Duke Energy, the NRC agreed that the non-compliances will be characterized as a violation of 10 CFR Part 26, with a significance of Severity Level IV.
EA-08-220 McGuire 1 & 2	NOV (White)	10/27/2008	On October 27, 2008, a Notice of Violation was issued for a violation associated with a White Significance Determination Finding involving a violation of 10 CFR 50, Appendix B, Criterion XVI. The violation involved the failure to take adequate corrective action related to the service water strainer backwash system. Specifically, a plant modification implemented to address a macro-fouling concern associated with the service water strainers (1) utilized non-safety-related instrument air to support backwash operations, and (2) did not account for the impact on timely operator response following a safety injection signal or loss of instrument air. As a result, there was a lack of reasonable assurance that the service water system would have been capable of performing its safety-related function during a time of high fouling potential. The finding does not represent a current safety concern because temporary modifications and appropriate procedural changes have been made to address periods of potential macro-fouling.
EA-97-411 McGuire 1 & 2	NOV (SL III)	09/26/1997	Unauthorized access.
EA-96-080 & EA-96-100 McGuire	NOV (SL III)	05/09/1996	Failure to maintain adequate procedures to ensure adequate freeze protection.

Millstone 1, 2 & 3 - Docket Nos. 050-00245; 050-00336; 050-00423

NRC Action Number(s) and Facility Name	Action Type (Severity) & Civil Penalty (if any)	Date Issued	Description
EA-17-077 Millstone Power Station	ORDER	11/21/2017	On November 21, 2017, the NRC issued a Confirmatory Order (CO) to Dominion Nuclear Connecticut, Inc. (Dominion), to formalize commitments made as a result of an alternative dispute resolution (ADR) mediation session held on September 20, 2017. The commitments were made as part of a settlement agreement between Dominion and the NRC based on evidence gathered during an investigation in which the NRC had identified multiple examples of two apparent violations. The violations involved a, now-former, contract security officer who was employed by G4S Secure Solutions, USA, Inc. as an Armorer at Millstone who deliberately failed to: (1) perform required maintenance of site weapons; and (2) properly conduct monthly inventories of out of service weapons. The NRC also determined that the contract security officer deliberately falsified records related to both of these issues. Because licensees are responsible for the actions of their employees and contractors, the NRC concluded that the contract security officer's actions placed Millstone in violation of NRC requirements and the NRC-approved Millstone Security Plan. In response to the incident, Dominion agreed to complete additional corrective actions and enhancements, as fully discussed in the CO. In consideration of the corrective actions and commitments outlined in the CO, the NRC agreed not to pursue any further enforcement action (including issuance of a civil penalty) relating to the notice of apparent violations (Case no. EA-17-077, Inspection Report Nos. 05000336/2017405 & 05000423/2017405, Office of Investigations Report No. 1-2016-019), dated July 20, 2017.
EA-13-188 Millstone Power Station Units 2	ORDER	08/26/2015	On August 26, 2015, the NRC issued a Confirmatory Order (CO) to Dominion Nuclear Connecticut, Inc. (DNC), to formalize commitments made as a result of an alternative dispute resolution (ADR) mediation session held on July 15, 2015 and two follow up conference calls. The commitments were made as part of a settlement agreement between DNC and the NRC regarding apparent violation of 10 CFR 50.59, "Changes, Tests, and Experiments." The apparent violations involved implementing changes to documents related to Millstone Unit 2 spent fuel decay time limits and the Millstone Unit 2 chemical and volume control system (CVCS) charging pumps without the NRC's approval and providing incomplete and inaccurate information to the NRC. One of the apparent violations was considered to have been willful. In response to these apparent violations, DNC agreed to complete a number of actions as fully discussed in the CO. In consideration for those actions, the NRC agreed not to pursue further enforcement action.
EA-14-126 Millstone Power Station Units 2 and 3	NOV (III)	02/10/2015	On February 10, 2015, the NRC issued a Notice of Violation to Dominion Nuclear Connecticut, Inc. for a Severity Level III violation of 10 CFR 50.59, "Changes, Tests, and Experiments" involving the failure to obtain a license amendment pursuant to 10 CFR 50.90, prior to implementing a change that resulted in more than a minimal increase in the likelihood of occurrence of a malfunction of a Structures, Systems and Components (SSC) important to safety previously evaluated in the Updated Final Safety Analysis Report (UFSAR). Specifically, Dominion allowed a design change to the offsite power system (removal of the severe line outage detection system (SLOD), a system described in the UFSAR), and failed to conduct a written evaluation or provide a basis for the determination that the change did not require a license amendment in accordance with 10 CFR 50.59 (c)(2).
EA-11-047 Millstone 2	NOV (White)	08/08/2011	On August 8, 2011, the NRC issued a White Significance Determination Process finding and Notice of Violation (NOV) for two violations to Dominion Nuclear Connecticut, Inc. as a result of inspections at the Millstone Power Station Unit 2. The finding was based on multiple human performance errors, and the NOV was based on two violations which involved the licensee's failure to meet its Technical Specifications requirements. Together these failures caused and exacerbated the February 12, 2011, unanticipated eight percent reactor power increase during the main turbine control valve testing.
EA-02-014 Millstone 1	NOVCP (SL II) $288,000	06/25/2002	On June 25, 2002, a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $288,000 was issued for a Severity Level II violation involving the failure to: (1) keep adequate records of special nuclear material (SNM), (2) establish adequate procedures for control and accounting of SNM, and (3) conduct adequate physical inventories of SNM.
EA-00-236 Millstone 2	NOV (White)	12/06/2000	On December 6, 2000, a Notice of Violation was issued for a violation associated with a White SDP finding involving the degraded condition of the turbine-driven auxiliary feedwater (TDAFW) pump. The violation was based on the licensee's failure to promptly correct a significant condition adverse to quality involving the speed control mechanism for the TDAFW.
EA-96-151 Millstone 2 & 3	NOV (SL III)	05/25/1999	Violations associated with refueling operations and the spent fuel pool.
EA-98-325 Millstone 1, 2 & 3	NOV (SL III)	04/06/1999	Discrimination against two supervisors.
EA-97-461 Millstone 1, 2 & 3	NOVCP (SL II) $ 88,000	03/09/1999	Violation involving the discrimination against two contractor employees.
EA-98-468 Millstone 2	NOV (SL III)	02/18/1999	Violation of NRC requirements involving the auxiliary feedwater (AFW) system.
EA-98-179 Millstone 3	NOV (SL III)	05/06/1998	Failure to maintain the post accident sampling system (PASS) operational within technical specification (TS) requirements.
EA-97-562 Millstone 3	NOVCP (SL III) $ 55,000	03/09/1998	Design problem with potential for air injection to charging and safety injection pumps.
EA-96-034 Millstone 2 & 3	NOVCP (SL II) $2,100,000	12/10/1997	Three Severity Level II and one Severity Level III problems consisting of multiple individual violations.
EA-97-104 Millstone 1, 2 & 3	NOVCP (SL III) $ 55,000	06/11/1997	Security issues.
EA-96-439 Millstone 1, 2 & 3	ORDER	10/24/1996	Order requiring independent oversight of company's implementation of resolution of station employee's safety concerns.
EA-96-059 Millstone 2 & 3	NOVCP (SL III) $100,000	06/04/1996	Discrimination against individual.

Monticello - Docket No. 050-00263

NRC Action Number(s) and Facility Name	Action Type (Severity) & Civil Penalty (if any)	Date Issued	Description
EA-16-175 Monticello Nuclear Generating Plant	NOV (White)	12/12/2016	On December 12, 2016, the NRC issued a Notice of Violation associated with a White Significance Determination Process finding to Northern States Power Company (the licensee) for a violation of Title 10 of the Code of Federal Regulations, Part 50, Appendix B, Criterion XVI, "Corrective Action," involving Monticello Nuclear Generating Plant's failure to correct oil leakage from the safety-related High Pressure Coolant Injection (HPCI) system, a condition adverse to quality, in accordance with written documents appropriate to the circumstances. Specifically, between March 14, 2006 and March 21, 2016, the licensees initiated a number of work orders and subsequently closed them without any further work performed to correct the conditions adverse to quality, which resulted in gradual degradation and loss of HPCI system safety function.
EA-14-193 Monticello Nuclear Generating Plant	ORDER	12/21/2015	On December 21, 2015, the NRC issued a Confirmatory Order to Northern States Power Company, Minnesota (licensee) to formalize commitments made as a result of an ADR mediation session. The commitments were made by the licensee as part of a settlement agreement between the licensee and the NRC regarding apparent violations of NRC requirements. The agreement resolves the apparent failure to ensure nondestructive examinations (NDE) on spent fuel dry shielded canisters (DSC) were performed in accordance with procedural requirements, and the falsification of records when recording the NDE results, contrary to the requirements of 10 CFR 72.158, 10 CFR 72.11 and 10 CFR 72.154(c). The licensee agreed to a number of corrective actions, including: (1) restore compliance for all affected DSCs, (2) revise applicable procedures, (3) present at an industry forum, (4) submit an article to an industry publication, and (5) assess the effectiveness of improvements. In consideration of these commitments, the NRC agreed to refrain from issuing a Notice of Violation and a proposed imposition of a Civil Penalty.
EA-13-096 Monticello Nuclear Generating Plant	NOV (Yellow)	08/28/2013	On August 28, 2013, the NRC issued a Notice of Violation (NOV) to Northern States Power Company, Minnesota for a violation of Technical Specification Section 5.4.1, Procedures, associated with a Yellow Significance Determination Process finding involving the failure of Monticello personnel to maintain a flood plan to protect the site against external flooding events. Specifically, from February 29, 2012, to February 15, 2013, the site failed to maintain flood Procedure A.6, "Acts of Nature," such that it could support the timely implementation of flood protection features within the 12-day timeframe credited in the design basis, as stated in the updated safety analysis report.
EA-09-010 Monticello	NOV (SL III)	05/28/2009	On May 27, 2009, a Notice of Violation was issued for a Severity Level III problem involving incomplete and inaccurate information in the renewal application for a Senior Reactor Operator's (SRO) license. Specifically, on September 11, 2008, Monticello Nuclear Generating Plant submitted NRC Form 396 for renewal of an SRO license certifying that the individual met the medical requirements. The NRC renewed the SRO license based on NRC Form 396, which only requested a corrective lenses license restriction. Later in November 2008, the NRC received a license restriction change request for the same SRO to add a "Must Take Medication as Prescribed to Maintain Medical Qualifications" license restriction. During the review of the licensing action, the NRC discovered that the SRO both started taking medication and notified the Monticello medical staff in July 2004. The licensee failed to notify the NRC of this change in medical condition. This is a violation of 10 CFR 50.74(c), which requires the licensee to notify the appropriate Regional Administrator within 30 days of a permanent disability or illness of a licensed operator. As a result of the inaccurate information contained in the renewal request, the NRC renewed the SRO license. This is a violation of both 10 CFR 50.9 and 10 CFR 55.23. Title 10 CFR 50.9, states, in part, "Information provided to the Commission…shall be complete and accurate in all material respects" and 10 CFR 55.23, states, in part, that to certify the medical fitness of the applicant, an authorized representative of the facility licensee shall complete and sign NRC Form 396, "Certification of Medical Examination by Facility Licensee."