05000348/LER-2009-003

LER-2009-003,

Joseph M. Farley Nuclear Plant - Unit 1
Event date:
Report date:
3482009003R00 - NRC Website

Westinghouse -- Pressurized Water Reactor Energy Industry Identification Codes are identified in the text as [XX]

Description of Event

On May 13, 2009 with Unit 1 and Unit 2 at 100 percent power, Southern Nuclear Operating Company (SNC) was informed that an SNC employee at Joseph M. Farley Nuclear Plant (FNP) had been under custodial arrest on May 9, 2009. This information was received from an Alabama Power Company employee who noticed that the individual was listed on the police arrest report in the May 13, 2009 edition of an area newspaper. SNC determined that the employee had returned to work at FNP on May 13, 2009 and did not report the arrest to his supervisor as required by procedure. The individual was not a supervisor, does not hold a USNRC reactor operator license, and is not a member of the Critical Group as defined under the access authorization program for SNC. SNC confirmed that the employee was the individual identified in the newspaper and that the employee had been arrested the previous weekend. SNC confirmed that May 13, 2009 was the individual's first day on-site since the arrest. SNC revoked the individual's access authorization and removed the individual from duty. The individual was required to complete the arrest reporting procedure to supervision, required to submit to a "for cause" Fitness for Duty test, and was escorted off site.

SNC determined that the individual had entered the Protected Area (PA) as part of a work assignment that morning. Review of PA entry records indicated that the individual had entered the PA but had not entered any Vital Areas. SNC confirmed that the individual had not performed work on any safety related equipment on May 13, 2009. Areas where the individual had been working were inspected and no negative effect on plant operations or equipment was identified.

SNC evaluated the event and determined that if the individual had reported the arrest, SNC would have denied access to the PA. Therefore, in accordance with 10 CFR 73.71 Section (b)(1) and Appendix G Section 1(b), this event constituted an entry of an unauthorized person into a protected area and requires a one hour report. SNC made a one hour notification at 1655 EDT on May 13, 2009.

Cause of Event

Requirements for employees to report custodial arrest are covered during initial security training and each year during re-qualification training. For this event, the individual chose not to follow procedures.

� Safety Assessment Although the individual accessed the PA following failure to report the custodial arrest, the individual did not enter a Vital Area or perform work on any safety related equipment. Further, an inspection of the areas accessed by the individual did not identify a negative effect on plant operations or equipment. Accordingly, there was no safety significance associated with this event, as there were no releases of radioactive materials, no personnel injuries, and no reportable equipment or system failures resulting from this event. This event had no adverse effect on the safety and health of the public.

Corrective Action SNC revoked the individual's access authorization and removed the individual from duty. The individual was required to complete the arrest reporting procedure to supervision, required to submit to a "for cause" Fitness for Duty testing, and was escorted off site. Results of the Fitness for Duty testing were positive for a controlled substance.

Areas where the individual had been working were inspected and no negative effect of plant operations or equipment was identified.

The individual has been denied access at all SNC facilities.

The individual has been flagged in the Personnel Access Data System (PADS) Network to alert other industry sites.

Additional Information

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