IR 05000244/1996008

Discusses Insp Rept 50-244/96-08 on 970521-30 & Forwards NOV & Proposed Imposition of Civil Penalty in Amount of $55,000.Violation Involved Insp Finding That Vehicle Barrier Sys Found Inadequate

ML20217L959
Person / Time
Site:	Ginna
Issue date:	08/15/1997
From:	Miller H NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
To:	Mecredy R ROCHESTER GAS & ELECTRIC CORP.
Shared Package
ML20217L963	List: IR 05000244/1996008 ML20217L986
References
50-244-96-08, 50-244-96-8, EA-97-339, NUDOCS 9708190311
Download: ML20217L959 (5)

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EA 97 339 Dr. Robert C. Macredy Vice President, Uinna Nuclear Production Rochester Gas and Electric Corporation 89 East Avenue Rochester, New York 14649 SUBJECT: NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF civil PENALTY $55,000 (NRC Inspection Report No. 50 244/96-08)

Dear Dr. Mecredy:

This letter refers to the NRC inspection conducted on May 2130,1997, at the Ginna Nuclear Power Station, for which an exit meeting was conducted on May 30,1997. The purpose of this inspection was to review your security program, loc!uding your installation of a vehicle barrier system (VBS) in February 1996. The VBS was installed in response to an NRC August 1994 amendment to 10 CFR Part 73 which modified the design basis threat for e radiological sabotage. The inspection report was sent to you on July 16,1997. As described in the inspection report, apparent violations of NRC requirements were identified. On August 5,1997, a predecisional enforcement conference was conducted with you and members of your staff to discuss the apparent violations identified during the inspection, their causes, and your corrective actions.

Based on our review of the inspection findings, and information provided ouring the conference, two violations are being cited and are described in the enclosed Notice of Violation and Proposed imposition of Civil Penalty (Notice). Each violation involves inadequacies in the vehicle barriers deployed outside the outer isolation rone to prevent the malicious uce of a vehicle to gain entry to the protected and vital areas. The first violation was based on the discovery of three openings in the barrier large enough for a vehicle to get through. Regarding the second violation, approximately 1200 feet of the barrier cablew were secured to the barrier posts by nylon ties. These nylon ties could be easily removed with hand held tools, thereby defeating the ability of the fence to withstand a vehicular attempt to penetrate the barrier. ,

The VBS is designed to prevent intrusion of a vehicle into an area by stopping the forward motion of the vehicle. This design is intended to prevent adversaries from transporting personnel and their hand carried equipment by vehicle to the proximity of vital areas. The design is also intended to preclude the use of a land vehicle bomb. NUREGICR 6190 specifically indicates that the vehicle barrier must be capable of resisting vehicle impact and providing continuous protection in all areas where approach by a land vehicle is possible. At Ginna, your vehicle barrier did not meet these requirements at the time of the inspection.

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Rochester Gas and Electric 2 Corporation The NRC is particularly concsined that these conditions were not identified by your ' . ff when the barrier was designed and installed, nor were they identified by your security 6 rf during routine tours of the facility. While a member of your engineering staff did identify problems with one of the openings (near the guardhouse) in August 19R6, actions were not taken to correct this condition, and to determine whether any additional degradations existed. Given that vehicles could enter through openings in the VBS, that the nylon ties could be easily removed, thus defeating the purpose of the barrier cablos, and that an employee had identified problems with one of the openings and those problems were not adequately responded to, the NRC has concluded that the violations represent a breakdown in control of this licensed activity that Indicates a significant lack of attention to a licensed responsibility. Therefore, the violations have been categorized in the oggregate as a Severity Leveilli problem in accordance with the ' General Statement of Policy and Procedure for NRC Enforcement Actions,"

(Enforcement Policy), NUREG 1600, in accordance with the Enforcement Policy, a base civil penalty in the amount of $55,000 is considered for a Severity Levallil vlotation. Your facility has been the subject of escalated enforcement action within the last two years'. Therefore, the NRC considered whether credit was warranted for / dent /// cat /on and Correct /ve Act/on in accordance with the civil penalty assessment procer.s in Section V1.B.2 of the Enforcement Policy. Credit is not warranted for

/ dent //icat/on because the violations were identified by the NRC. Credit is warranted for Correct /ve Act/ons because your corrective actions, once the violations were identified by the NRC, were considered prompt and comprehensive. These actions, which were discussed during your presentation at the conference, include, but are not limited to, (1) installation of additional barriers in the areas where the openings existed; (2) temporary replacement of the nylon ties with metalclamps, and subsequent installation of welded steelplates at every other post; (3) implementation of a weekly vehicle barrier system inspection by the security force, as well as a quarterly inspection checklist; and (4) training of engineering and security personnel regarding the vehicle barrier system and this event, in addition, during further discussion at the conf erence, you stated that you were revising your process and expectations to include security problems in your corrective action program.

Therefore, to emphasize the importance of appropriate attention to the security program af.

your f acility, as well as aggressive assessment and correction of degradations at the f acility, I have been authorized, af ter consultation with the Director, Office of Enforcement, to issue a base civil penalty in the amount of $55,000 for the violations set forth in the Notice.

' A Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $100,000 was issued to Rochester Gas & Electric Company on December 13,1996 for virolations involving the f ailure to adequately validato design inputs for the Residual Heat Removal (RHR)

system core deluge valves, as well as the f ailure to adequately correct this condition f ollowing identification (Reference: EA 96 282).

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Rochester Gas and Electric 3 Corporation One other apparent violation identified during the inspection is being withdrawn based on information you provided during the conference. That violation involved the inspection finding that the VBS might not provido adequato stand of f distanco from exposed vitalequipment and structures houting vital equipment. At the conference, you indicated that reanalysis of the stand-off distances has confirmed their validity and that you would resubmit to the NRC the summary desciiption of the Design Basis Explosion Evaluations to specify the actual stand off distances used in the calculations.

You are required to respond to this letter and should follow the instructions specified in the enclosed Notice when preparing your responso, in your response, you should document the

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specific actions taken sad any additional actions you plan to prevent recurrence. After reviewing your response to this Notice, including your proposed corrective actions and the tesuits of future inspections, the NRC willdetermine whether further NRC enforcement action is necessary to ensure compliance with NRC regulatory requirements, in accordance with 10 CFR 2.700 of the NRC's " Rules of Practice," a copy of this letter,its enclosure, and your response will bo placed in the NRC Public Document Room (PDR),

Sincerely,

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H ett J. Miller Regional Administrator Docket No. 50 244 License No. DPR 18 Enclosure: Notice of Violation and Proposed imposition of Civil Penalty

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Rochester Gas and Electric 4 Corporation cc w/ encl:

R. Smith, Senior Vice President, Customer Operations Central Records (7 Copies)

P. Eddy, Director, Electric Division, Department of Public Service, State of New York State of New York, Department of Law N. Reynolds, Esquire F. William Valentino, President, New York State Energy Research and Development Authority J. Spath, Program Director, New York State Energy Research and Development Authority

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DISTRIBUTION:

PUBLIC SECY

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- LCallan, EDO

, AThadani, DEDE JLloberman, OE .

HMiller, RI ' '

FDavis,- OGC SCollins, NRR RZimmerman, NRR

. Enforcement Coordinators

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- Rl, Ril, Rlli, RIV BBeecher, GPA/PA

- GCaputo, 01 DBangert, OSP HBell, OlG Dross, AEOD OE:Chron OE:EA .

DCS NUDOCS DScrenci, PAO RI NSheehan, PAO Rl LTromper, OC

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Nuclear Safety Information Center (NSIC)

NRC Resident inspector - Ginna

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