IR 05000295/1989022
| ML20248C672 | |
| Person / Time | |
|---|---|
| Site: | Zion File:ZionSolutions icon.png |
| Issue date: | 09/21/1989 |
| From: | Davis A NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| To: | Reed C COMMONWEALTH EDISON CO. |
| References | |
| EA-89-153, NUDOCS 8910030540 | |
| Download: ML20248C672 (4) | |
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SEP 211989
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Docket Nos. 50-295; 50-304 Licenses No. DPR-39; DPR-.48 s
EA 89-153-Commonwealth Edison Company ATTN:
Mr. Cordell Reed Senior Vice President Post Office Box 767 Chicago, IL 60690 Gentlemen:
' SUBJECT:
NOTICE OF VIOLATION AND PROPOSED IMPOSITION 0F CIVIL PENALTY - $75,000 (NRC INSPECTION REPORTS N0. 50-295/89022(DRSS); NO. 50-304/89020(DRSS))
'This refers to the inspection conducted'on July 10-18, 1989, of activities at Zion Nuclear Power Station, Units 1 and 2, authorized by NRC Operating Licenses No. DPR-39 and No. DPR-48.
On July 12, 1989, an NRC inspector
. identified two unprotected vital area barrier openings, as described in the subject Inspection Reports that were sent to you by letter dated August 11, 1989.
An enforcement conference was held on August 17, 1989, in the NRC Region III~ office with you and members of your staff and Dr. C. J. Paperiello and members of the NRC staff.
During the conference, we discussed the violations, the root causes, and your corrective action.
Violation I relates to a violation of your security plan in which two openings were identified which could allow undetected and unauthorized access from a protected area to a vital area.
Both areas were easily accessible from adjoining roofs inside the protected area and were located in a low-traffic area where an unauthorized person could gain access unobserved.
This-violation is of particular significance because: (1) a Notice of Violation was issued on March'27, 1989 (EA 89-005) for a security violation involving a pathway created by construction at the barrier to this vital area;
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(2) you were aware that this construction could result in other pathways but failed to take adequate steps to prevent it; and (3) the compensatory measures which you later implemented were inadequate.
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- e Enclosure Contains~
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8910030540 890921
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PDR ADOCK 05000295 I I G-PNU
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SEP 211989 Violation II.A relates to a failure to make a timely report to the NRC.
Although you were required to notify the NRC Operations Center within one hour after discovery of the degraded vital area barrier, the notification was not made for approximately 18 hours2.083333e-4 days <br />0.005 hours <br />2.97619e-5 weeks <br />6.849e-6 months <br />.
Violation II.B relates to authorizing access to about 100 individuals although their duties did not require such access.
To emphasize the need to ensure the integrity of all vital area barriers, I have been authorized, after consultation with the Director, Office of Enforcement, and the Deputy Executive Director for Material Safety, Safeguards, and Operations Support, to issue the enclosed Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $75,000 for
. Violation I 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 (1989) (Enforcement Policy), Violation I described in the enclosed Notice has been categorized at Severity Level III.
The base amount for a Sec erity Level III violation is $50,000. The mitigation and escalation factors in the NRC Enforcement Policy were considered in assessing this penalty.
Escalation of the base amount of the penalty was warranted by 50% because the NRC identified the violation, by 100% becausa you l
had prior notice of this type of violation, and by 50% because of the duration I
of the violation.
However, mitigation by 50% was also warranted because of your comprehensive corrective actions and by 100% due to your good prior performance in the area of security.
Therefore, on belance, the penalty was escalated by 50%.
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 requirements.
Areas discussed in this Notice concern subject matter which is exempt from disclosure according to 10 CFR 73.21(c)(2).
Consequently, the enclosures to this letter will not be placed in the NRC Public Document Room.
Your response to the violation identified in the enclosed Notice should be submitted in accordance with 10 CFR 73.21.
Enclosure Contains
SAFEGUARDS INFORMATl0li Upon Separation This Pege is Decontrolled enccmiannn penna n n ny w u a_u w m u u au w oun i En
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21 M 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.96-511.
Sincerely,
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i A. Bert Davis Regional Administrator
. Enclosures:
1.
Notice of Violation and Proposed Imposition-of Civil Penalty-2.
Inspection Reports No. 50-295/89022(DRSS);
No. 50-304/89020(DRSS)
(UNCLASSIFIED )
cc w/ enclosure:
T..J. Maiman, Vice President, PWR Operations T. Kovach, Nuclear Licensing Manager T. Joyce, Station Manager J. Lieberman, OE NRR/DRIS/SGB NRR/DRIS/S1B NRR/DLPQ/PEB Enforcement Coordinators RI, RII, RIV, RV cc w/ enclosures, w/o UNCLASSIFIED SAFEGUARDS INFORMATION:
DCD/DCB (RIDS)
Enclosure Contains Licensing Fee Management Branch Resident Inspector, RIII SAFEGUARDS INFORMAT1011 cooration This e
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SEP 211989
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H. S.. Taylor, Quality Assurance Divisinn Chandu Patel, NRR
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