IR 05000010/1987003

Discusses Physical Protection Insp Repts 50-010/87-03, 50-237/87-12 & 50-249/87-12 on 870326-31 & Forwards Notice of Violation & Proposed Imposition of Civil Penalty in Amount of $50,000.Notice of Violation Withheld

ML20214A169
Person / Time
Site:	Dresden
Issue date:	05/13/1987
From:	Davis A NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To:	Oconnor J COMMONWEALTH EDISON CO.
References
EA-87-053, EA-87-53, NUDOCS 8705190303
Download: ML20214A169 (4)

Text

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      .l)/)R MAY 131987 Docket Nos. 50-10, 50-237, and 50-249 License Nos. ORP-2, ORP-19, and DRP-25 EA 87-53 Commonwealth Edison Company ATTN: Mr. James J. O'Connor President Post Office Box 767 Chicago, IL 60690 Gentlemen:

SUBJECT: NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY (NRC INSPECTION REPORTS NO. 50-10/87003(DRSS); NO. 50-237/87012(DRSS); AND NO. 50-249/87012(DRSS)) This refers to the NRC special physical protection inspection conducted during the period March 26-31, 1987 at the Dresden Nuclear Power Station, Morris, Illinoi The inspection was in response to a licensee identified event regarding degradation of the protected area physical barrier. An enforcement conference to discuss this matter was held on April 10, 1987 between Mr. L. DelGeorge and other members of your staff and Mr. C. Paperiello and other menbers of t.ie NRC Region III staf The violations involved a pathway that potentially provided uncontrolled access

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from the owner controlled area (OCA) to the protected area (PA). This failure to control access resulted in two of the three elements of access control for the affected portion of the protected area perimeter being inadequate such that an individual could have gained unauthorized, undetected access. The violations were identified by a radiation / chemistry technician on March 20, 1987 while obtaining water samples in the area. However, the security event was not identified to the security organization so that compensatory measures could be taken until March 23, 1987 nor was NRC contacted until that date. Although a radiation / chemistry foreman attempted to contact security, he did not follow through to assure that Security was aware of the potential breach in the PA barrier prior to going home for the weekend. These actions at least indicate the need for improved awareness of security matters by your non guard force employee In addition to the above, the NRC is particularly concerned about the duration of the violation and the opportunities to discover the violation. The relocation of the PA fence in 1980 created the violations, but a review of the modification and subsequent walkdowns failed to identify the proble Subsequently, Information Notice No. 86-83, " Underground Pathways Into Protected Areas, Vital Areas, Material Access Areas, and Controlled Access Areas" dated September 19, 1986, was issued to inform licensees of identifie<1 vulnerabilities ,gh i .lcsure contains

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____ < Commonwealth Edison Company 2 at NRC licensed facilities. Although you documented your actions taken on October 10, 1986 in response to that Notice, which included walkdowns of the PA/VA barriers, the degraded portion of the PA barrier again was not identifie We have not included a citation for the failure to make a report of the event in this case. However, in the future a citation may be issued where a supervisor or foreman is aware of a reportable security issue which is not reported to the NR To emphasize the importance of ensuring the integrity of the PA barrier and that degradations are promptly identified and corrected, I have been authorized, af ter consultation with the Director, Office of Enforcement, and the Deputy Executive Director for Regional Operations, to issue the enclosed Notice of Violation and Proposed Imposition of Civil Penalty in the amount of Fifty Thousand Dollars ($50,000) for the violations described in the enclosed Notice. In accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions," 10 CFR Part 2, Appendix C (1987) (Enforcement Policy), the violations described in the enclosed Notice have been categorized as a Severity Level III proble The base value of a Civil Penalty for a Severity Level III violation is $50,00 While it is commendable that a technician was sufficiently sensitive to security matters to ioentify this weakness in your protected area barrier while performing routine duties, this is offset by the failure of his supervisor to address those concerns for three days. The escalation and mitigation factors in the Enforcement Policy were considered and no adjustment has been deemed appropriate. Although the NRC recognizes your corrective actions, any mitigation that may be warranted for this is balanced against your prior notice of the problem and the multiple opportunities for its discovery and correctio You are required to respond to this letter and should follow the instructions specified in the enclosed Notice when preparing your response. In your response, you should document the specific actions taken and any additional actions you plan to prevent recurrence. Further, you should provide an analysis of why the degraded barrier was not discovered earlier and what steps will be taken to improve prompt identification and correction of similar problems in the future. After reviewing your response to this Notice, including your proposed corrective actions and the results of future inspections, the NRC will determine whether further NRC enforcement action is necessary to ensure compliance with NRC regulatory requirement In accordance with Section 2.790 of the NRC's " Rules of Practice," Part 2, Title 10, Code of Federal Regulations, a copy of this letter and its enclosure will be placed in the NRC Public Document Roo Enclosure contains SAFEGUARD 5 IllFORftATION Upon separation this page is Decontrolled

- Commonwealth Edison Company 3 MAY 131987 The responses directed by this letter and the enclosed Notice are not subject to the clearance procedures of the Office of Management and Budget as required by the Paperwork Reduction Action of 1980, Pub. L. No. 96-51

Sincerely,

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   . . : by
  .L. J e i : L. .3 A. Bert Davis Regional Administrator Enclosure:

Notice of Violation and Proposed Imposition of Civil Penalty (UNCLASSIFIED ) cc w/ enclosure: D. L. Farrar, Director of Nuclear Licensing J. Eenigenburg, Plant Manager cc w/ enclosure, w/o UNCLASSIFIED SAFEGUARDS INFORMATION: DCS/RSB(RIDS) Licensing Fee Management Branch Resident Inspector, RIII Richard Hubbard J. W. McCaffrey, Chief, Public Utilities Division

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o . .* Commonwealth Edison Company 4 MAY 131997 DISTRIBUTION: w/o Safeguards SECY J. Taylor, DEDO

* J. Lieberman, OE A. B. Davis, RIII J. Grobe, RIII J. Goldberg, OGC Enforcement Coordinators RI, RII, RIV, RV T. Murley, NRR F. Ingram, PA J. Bradburne, CA B. Hayes, 01 S. Connelly, OIA
* P. Robinson, OE R. Cunningham, NMSS D. Nussbaumer, OGP/SP OE File (3 copies + Ltrhd)

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* DISTRIBUTION:

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