IR 05000155/1987025

Discusses Safeguards Insp Rept 50-155/87-25 on 870928-1002 & Forwards Notice of Violation & Proposed Imposition of Civil Penalty in Amount of $25,000.Insp Re Discovery of Opening in Vital Area Barrier.Notice Withheld (Ref 10CFR73.21)

ML20236V903
Person / Time
Site:	Big Rock Point File:Consumers Energy icon.png
Issue date:	12/02/1987
From:	Davis A NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To:	Buckman F CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.)
References
EA-87-202, NUDOCS 8712070161
Download: ML20236V903 (4)

Text

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.Ilj (, gJ t)f ; j t DEC 0 2 887 Docket No. 50-155'

License No. DPR-6 EA 87-202 Consumers Power Company

ATTN: Dr. F. W. Buckman Vice President Nuclear Operations 212 West Michigan Avenue j Jackson, MI 49201 l

Gentlemen:

SUBJECT: NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY i

[NRC INSPECTION REPORT NO. 50-155/87025(DRSS)]

This refers to the special safeguards inspection conducted during the period September 28 through October 2,1987, at the Big Rock Point Nuclear Power Plant. The inspection was in response to your discovery of an opening in a vital area barrier which could have allowed unauthorized and undetected access from the protected are Our inspection effort determined that this opening has existed since the plant was originally constructed and that prior to this being discovered by one of your employees, you had at least three other occasions to identify it. The violation, the cause, and your corrective actions were discussed during an enforcement conference in the Region III office between you and other members of your staff, and Dr. Carl Paperiello and other members of the Region III staff on October 21, 198 The violation in the enclosed Notice of Violation and Proposed Imposition of Civil Penalty is considered significant due to the fact that it represents a lack of securitj management assertiveness to assure adequacy of your program as evidenced by the fact that you failed to adequately identify the breach in the vital area which has existed since plant constructio To emphasize that effective controls be implemented to assure the adequacy of vital area barriers, 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 Twenty-Five Thousand Dollars ($25,000) for the violation described in the enclosed Notice. In accordance with the

" General Statement of Policy and Procedure for NRC Enforcement Actions," J 10 CFR Part 2, Appendix C (1987) (Enforcement Policy), the violation described ,l9 in the enclosed Notice has been categorized at a Severity Level II \h PDR ADDCK 05000155 PDR G Enclosure c - ,,?,,,I,,

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Consumers Power Company 2 DEC 0 21967 i The base amount of a civil penalty for a Severity Level III violation or l

problem is $50,000. In assessing the proposed civil penalty your prior good enforcement history, including .your Category 1 ratings in Safeguards in the Systematic Assessment of Licensee Performance (SALP), was balanced against your failure to identify the violation over a long period of time in spite of several specific opportunities to do so and your prior notice of similar events. Therefore, the amount' of the civil penalty was set at Twenty-Five -

Thousand Dollars ($25,000).

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. 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 The material enclosed contains Safeguards Information as defined by 10 CFR 73.21 and its disclosure to unauthorized individuals is prohibited by Section 147 of the Atomic Energy Act of 1954, as amended. Therefore, with the exception of the cover letter, this material will not be placed in the Public Document Roo 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 Act of 1980, Pub. L. No. 96-51

Sincerely, Original nicned by j L Bert Davis A. Bert Davis Regional Administrator Enclosure: Notice of Violation and Proposed Imposition of Civil Penalty 1 I

(UNCLASSIFIED SAFEGUARDS INFORMATION) l See Attached Distribution i

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Mr. Kenneth W. Berry, Director Nuclear Licensing Thomas W. Elward, Plant Manager NRR/DRIS/SGB NRR/DRIS/ SIB cc w/ enclosure, w/o UNCLASSIFIED SAFEGUARDS INFORMATION:

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Licensing Fee Management Branch Resident Inspector, RIII Ronald Callen, Michigan Public Service Commission Michigan Department of Public Health

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