IR 05000277/1988026
| ML20206G119 | |
| Person / Time | |
|---|---|
| Site: | Peach Bottom  |
| Issue date: | 11/15/1988 |
| From: | Russell W NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I) |
| To: | Corbin McNeil PECO ENERGY CO., (FORMERLY PHILADELPHIA ELECTRIC |
| Shared Package | |
| ML20206G124 | List: |
| References | |
| EA-88-237, NUDOCS 8811220076 | |
| Download: ML20206G119 (5) | |
Text
. _ _. -_ __
.
.
..
._
,
Dc ig$al
@gignatehdMum)
-
cstt
-
.
November 15, 1988
_hy /)
~
,
v t
Docket Nos. 50-2'<7; 50-278
.
License Nos. OPR-44; DPR-56 l
EA 88-237
'
Philadelphia Electric Company
ATTN: Mr. C. A. McNeill Executive Vice President-Nuclear 2301 Market Street
'
Philadelphia, Pennsylvania 19101 Gentleetn:
t Subject: NOTIC6 0F VIOLATION AND FROPOSED IMPOSITION OF CIVIL PtTALTIES i
(NRC Cambined Inspection Nos. 50-2/7/88-26; 50 278/88-26 and 50-277/88-31;50278/83-31)
This refers to the two NRC physical security inspections conducted on July 25-29, 1988 and August 27-29, 1988 at the Peach Bottom Atomic Power
!
Station Delta. Pennsylvania. The reports of these inspections were sent to
you on September 12, 1988. During each inspection, NRC inspectors reviewed the circumstances associated with violations identified by your staff and reported t
to the NRC.
Further, another violation of physical security requirements was t
identified by the inspectors. On September 22, 1988, an Enforcement Conferena.e i
was conducted with you and members of your staf f to discus; the violations, j
thet: causes, and your corrective actions.
!
,
"
The violations, which are described in the enclosed Notice o'. V;olation and
'
Proposed Imposition of Civil Penalties, included (1) numerous exemples of failure to take appropriate compensatory measures for degraded vital area i
barriers in that a guard or watchman was not posted as required to control access to the opening, or the posted individual was found in a position
'
where he could not physically control access or was found to be sleeping (the i
'
majority of these examples occurred in July and August 1988); (2) issuance of i
a vital area key to an unauthorized individual, as well as the failure to
detect the missing key during subsequent key inventories and the failure by i
the security personnel to promptly take appropriete compensatory measures when
,
your staff eventually detect *d thtt the key was missing; and (3) a failure to l
provide and/or maintain adeo'
, assessment of portions of two protected area
barriers and associated iso'..sion zones.
L With respect to the first violation, the NRC is concerned that either adequate communication did not exist betu en maintenance perscnnel and the security I
department to ensure appropriate measuros were taken, or security personnel
'
did not properly implement those compensatory measures.
The NRC recognizes
.
that all but one of the failures were identified by your staff, and appropriate i
,
I
!
CERTIFIED MAIL I
!
RTiTRN ClTETFf REQUESTED r
,
j OFFICIAL RECORD COPY CP PKG SG PEACH BOTTON 11/9 - 0001.0.0
'
11/09/88
!
h$bb
'M Ik(
,
l
L I
i
~
-
-
-
-
-
- -
- -
-
-
l
.
.,
.
..
-
,
.
Philadelphia Eloctric Company-2-
.
.
disciplinary actions were taken.
Further, the significance of any of the individual failures is low in that either the vital areas were located within other vital areas or the degradation ".ould not easily havt-been explotted. Neverthele,s, the examples in Violation I.A of the si teping guards (Item 1.A.4) are particularly significant in view of the altention given to assure that your employees are attentive to thcir duties as a result
.
'
of the shutdewn order.
Further, the numerous occurrences of this violation
!
demonstrate that appropriate action was not taken by management to preclude
'
recurrence of these failures.
With respect to the second violatior... involving, in part, issuance of a vital area key to an unauthortred individual, the NRC is concerned that numerous opportunities existed to recognize this error and take appropriate corrective measures, but these opportunities were missed by security personnel.
For example, although two key inventories were performed by the security force, it was not recognized that the key was missin Furthermore, when the error was eventually detected, corrective measures,g.as describer' to security procedures, were not promptly initiated, and these measures, when initiated,
.
were not properly implemented.
This is even more significant because the unauthorized individual to who'n the key was assigned, after entering the r
vital area, lef t t% door unlocked and it remained unlocked and without compensatory measuren until discovered by a PECo Shif t Security Assistant.
(
,
The NRC is concerned that the majority of the examples of the first violation,
,
as well as all of the examples af the second violation, occurred in July and August 1988, notwithst anding the fact that three management meetings weic conducted with PECo regarding Peach Bottom since February to discuss seriou.
l weaknesses in the program, and these weaknesses had been raised with your staff
'
during an inspection in June 1987. The NRC recognizes that a self-assessment of the security program was performed subsequent to the February 1988 meeting,
'
that security program upgrades are being made at Peach Bottom, and a change in the security contractor has occurred.
Nonetheless, the improvements made
,
to date were not effective in precluding the occurrence of the violations.
!
The recent violations further demonstrate the importance of strong utility
!
oversight and appropriate management attention to the program, as well as
!
thorough analysis of root causes whenever deficiencies in the program are
identified, so that affective corrective actions are taken to prevent
!
recurrence, i
r Therefore, to emphasize these concerns, I have been authorized, after con-i sultation with the Director, Of fice of Enforcement, and the Deputy Executive
t Directer for Regional Operations, to issue the enclosed Notice of Violation and Proposed Imposition of Civil Penalties in the amount of Fifty Thousand
,
Dollars ($50,000) for the two violations described in Section I of the i
enclosed Notice. The violations in Section I are each classified at Severity i
level III in accordance with the "General Statement of Policy and Procedure
'
for NRC Enforcement Actions," 10 CFR Part 2, Appendix C (1988) (Enforcement Policy). The base civil penalty amount for a Severity Level III violation or f
problem is $50,000, i
0FFICIAL RECORD COPY CP PKG SG PEACH BOTTOM 11/9 - 0004.0.0 11/09/88
.
.
.
.
_
_
.
.
.
.
Philadelphia Electric Company-3-
.
.
With respect to Violation I.A., t5e penalty ha,been mitigated by 50% because of your identification and reporting of the incidents. With respect to Violation I.B, the penalty has been mitigated by 50% since the corrective i
actions by management, once the problem was identified by them, were considered unusually prompt and extensive.
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 s
necessary to ensure compliance with NRC regulatory requirements.
Portions of the enclosed Notice contain details of your security program that i
have been determined to be exempt from public disclosure in accordance with
'
a l
10 CFR 73.21 (Safeguards Information).
Therefore, those portions will not be h
placed in the NRC Public Document Room and will receive limited distribution.
Further, in your response to this letter and Notice, you should place all i
Safeguards Information in enclosures, so as to allow your letter (without enclosures) to be placed in the Public Document Room.
,
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, P, L. No.96-511.
!
Sincerely,
,
Ort: "'T Ctcr.ca ?7
!
2. LJ2S;LL u.--.-..
i William T. Russell
!
Regional Administrator
.
Enclosure: Notice of Violation and Proposed Imposition j
of Civil Penalty (Contains Safeguards Information (SGI))
l i
a
i i
,
.
!
0FFICIAL RECORD COPY CP PKG SG PEACH BOTTOM 11/9 - 0005.0.0 11/09/88
__ -_. _ _ _ _
_ _ _ _ _ _ _ _ _ _ -
. _ _
_
__
_ _ _
_
_ _ __- ____
- _-..___ _______ _
. - _ _
.
.
.
.
,
.
Philadelphia Electric Company-4-
!
.
.
,
cc (w/ enc 1, w/o SGI):
John S. Keeper, Sr., Senior Vics President-Nuclear l
J. W. Gallagher, Vice President, Nuclear Services E. C. Kistner, Chairman, Nuclear Review Board Otekinsen M. Smith, Vice President, Peach Bottom Atomic Power Station Jack ' rean, General Manager, Fuels Dep rtment, Delmarwa Power & Light Co, J
John F. Franz, Plant Manager, Peach Bottom Atomic Power Station Troy B. Conner, Jr., Esquire t
W. H. Hirst, Director, Joint Generation Projects Department, Atlantic Electric
Bryan W. Gorman, Manager External Affairs l
Eugene J. Bradley, Esquire, Asststant Gene.ral Counsel Raymond L. Hovis, Esquire Thomas Magette, Power Plant Siting, Nuclear Evaluations W. M. Alden, Director, Licensing Section
!
Doris Poulsen, Secretary of Harford County Council
"
Public Document Room (PDR)
Local Public Document Room (LPOR)
Nuclear Safety Information Center (NSIC)
,
!
NRC Resident Inspector (W/SGI)
Counonwealth of Pennsylvania
I L
r
)
i
)
i I
.
i
-
f
i i
!
'
!
I
!
ri l
!
,
r
!
'
l
t i
0FFICIAL RECORD COPY CP PKG SG PEAL.i BOTTON 11/9 - 0006.0.0 i
'
11/09/88
/
s I
!
. -. -
_ _.. - - -.
. - - _ _ _ _
- ___ _____ _
.
.
.
.
Philadelphia Electric Company-5-
'
.
DISTRIBUTION: (w/o SGI):
Region I Docket Room (with concurrences)
knagement Assistant, DRMA ( '/o enc 1)
Section Chief DRP
<
.
Robert J. Bores, DRSS SECY
'
,.
J. Taylor, DEDO I
J. Lieberman, OE (w/SGI)
W. Russell, RI l
T. kriey, NRR
0. Holody, RI (w/SGI)
J. Goldberg, OGC T. Martin, DEDRO Cnforcement Directors Ril-III Enforcewnt Of ficers.'t!V-RV F. Ingram, PA J. Bradburne, OGPA
E. JeHan, AE00
,
8. Ha,_., 01
,
S. Connely OIA 0. Nussbauser, SLITP OE Files (3 copies)
,
R. Martin, NRR I
B. Clayton, EDO t
!
//
RI:E0 Y RI-
!S RI:0RSS R!:0RSS I.
Holody/mjh/ms/pmb Ke Bellamy Ebneter
-.
r
$/M/88 (fg/Je/88 10/ /83 jf//fa 10/st/88 (
.
RI:RC RA RI:RA HQ:0GC HQ:05 W
/
/
0
/
HQ:0E
^
I Taylor
-
p%
l
-
j hj 1[4 y)f t
i 10/ /88
og
'
%.-
0FFICIAL RECORD COPY CP PKG SG PEACH BOTTOM 11/9 - 0007.0.0 i
{
11/09/88
.
[
!
'
i i
L