IR 05000298/1987008

Ack Receipt of Informing NRC of Steps Taken to Correct Violations Noted in Insp Rept 50-298/87-08

ML20236G272
Person / Time
Site:	Cooper
Issue date:	10/29/1987
From:	Callan L NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV)
To:	Trevors G NEBRASKA PUBLIC POWER DISTRICT
References
NUDOCS 8711020477
Download: ML20236G272 (2)

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. $: # i)CT 2 91987 In Reply Refer To:

Docket: 50-298/87-08 Nebraska Public Power District ATTN: George A. Trevors Division Manager - Nuclear Support P. O. Box 499 Columbus, NE 68601 Gentlemen:

Thank you for ye tr letter of June 17, 1987, in response to our letter and Notice of Violation dated May-22, 1987. We have reviewed your reply and find

.it responsive to the concerns raised in our Notice of Violation. We will review the implementation of your corrective actions during a future inspection to determine that full compliance has been achieved and will be maintaine

Sincerely, Urfgin31 gfgned By L L Callan L. J. Callan, Director Division of Reactor Projects cc:

Cooper Nuclear Station ATTN: Guy Horn, Division Manager of Nuclear Operations P. O. Box 98 Brownville, Nebraska 68321 1

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Kansas Radiation Control Program Director i Nebraska Radiation Control Program Director .

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GENERAL OFFICE

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NLS8700289 June 17,1987 -

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/ JUN 2 21987 l f d h U.S. Nuclear Regulatory Commission -h\

Document Control Desk '

Washington, D.C. 20555 Gentlemen:  !

Subject: Nebraska Public Power District Response to IE Inspection Report 50-298/87-08 Reference: 1) Letter from J. E. Gagliardo to G. A. Trevors, dated May 22,1987, " Docket 50-298/87-08".

2) Letter from J. E. Gagliardo to G. A. Trevors, dated April 6,1987, " Docket: 50-298".

3) Generic Letter 87-08, dated May 11, 1987, entitled

" Implementation of 10CFR73.55 Miscellaneous Amendments and Search Requirements".

4) Letter from G. A. Trevors to USNRC, dated April 16, 1987, " Miscellaneous Amendments Concerning Physical Protection of Nuclear Power Plants".

This letter is written in response to Reference 1, which transmitted l Inspection Report 87-0 Therein, it was indicated that one of the District's activities at Cooper Nuclear Station was in violation of Nuclear Regulatory Commission Requirement The following is a statement of the violation and the District's response, as j required by 10CFR2.201:

STATEMENT OF VIOLATION Failure to File Security Plan Changes

'10CFR73.55, " Requirements for physical protection of licensed activities in nuclear power reactors against radiological sabotage" states that "By Dec. 2, 1986, each licensee, as appropriate, shall submit proposed amendments to its security plan which define how the amended '

requirements of paragraphs (a), (d)(7), (d)(9), and (e)(1) will be met."

Contrary to the above, on April 7,1987, the NRC inspector verified by {

docket review and interviews of the licensee staff that Nebraska Public Power District failed to make the required submitta __

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NLS8700289

4 . . , June 17,1987 Page 2 This is a Severity Level IV violation (Supplement III) (50-298/8708-01)

REASON 'FOR VIOLATION The miscellaneous amendments to 10CFR73.55(a), (d)(7), (d)(9), and (e)(1)

were published in the Federal Register (51FR27817) on August 8,1986. The original . review of the Miscellaneous Amendments rule was performed by the Security organization and Corporate General Office personnel well before the December 2,1986 deadline. During this initial review, it was determined that only one minor change to the Physical Security Plan was required to comply with the amended requirements of 10CFR73.55(a), (d)(7), (d)(9), and (e)(1).

This single minor administrative change was submitted in an October 13, 1986 letter, along with several other unrelated changes, in accordance with 10C FR50.54 (p) . Ilowever, no mention was made of the " Miscellaneous Amendments" rule in the October 13th letter. Upon submittal of the October 13th letter, the District considered the submittal requirements of 10CFR73.55 to be met. Although this decision was incorrect, a good faith effort was made to review the rule and submit change A' subsequent review of the rule, performed in January and February, indicated that the one change made in the October 13th letter was not ,

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adequate in ensuring compliance with the miscellaneous amendment requirements. Discussions with our NRC Project Manager and other staff members resulted in the generation of a change package that addressed all the concerns of the rule. This package was in the process of internal review prior to its submittal to the NRC, when the violation was note It is the District's position that the " Miscellaneous Amendments" rule is <

somewhat vague and confusing which contributed to the inadequate initial review of the rule. First, the submittal requirements of the rule are different from 10CFR50.54(p) or 10CFR50.90. These are the processes by which the Physical Security Plan is normally amended. Also, the wording of the rule states: "By December 2,1986, each licensee, as appropriate, shall submit proposed amendments. . . . " The words "as appropriate" led District personnel to believe that if the proposed changes to the Security Plan did not decrease the security effectiveness of the plan, it was appropriate to submit the changes in accordance with 10CFR50.54(p). The confusion in the rule is evidenced by the fact that two generic guidance documents have been issued since the submittal deadline; these NRC document explain to licensees how to interpret submittalthe Miscellaneous Amendments rule (Reference 2 and 3) including its provisions, in summary, the District attributes the cause of this violation to an inadequate initial review and confusion generated by the rul CORRECTIVE STEPS WillCil IIAVE BEEN TAKEN AND Tile RESULTS ACillEVED

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The proposed amendments to the Cooper Nuclear Station Physical Security t

Plan, required by the Miscellaneous Amendments rule, were submitted in a

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letter: dated April 16', 1987 ( Referen'ce 4) . This brings !the- District into' full compliance. with the submittal requirements. of- 10CFR73.55.,

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' CORRECTIVE STEPS WHICII WILL BE TAKEN TO LAVOID' FURTHER VIOLATIONS -

' Since the [ initial review of the '" Miscellaneous Amendments" rule, the Corporate .

LGeneral Office has been reorganized, creating the position of Division Manager of Nuclear, Support. . Among the position's responsibilities is the overview of - ,

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the . CNS : Security and District Licensing functions.- This position L is the.-

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District's addressee for_ all NRC correspondence dealing with security and

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licensing matters including Federal Register notices. ' The Division Manager of -. j Nuclear, Support Is o a -senior level manager, knowledgeable' in licensing:

matters, who can? assign ' action responsibility.to any District Nuclear Division as required, to initiateLevaluations, District ' response or corrective action .

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' implementation.. - This"' ensures ' accountability and coordination - between

- departments for responding to-.and implementing new requirements including Federal Register notices.. The Division Manager of Nuclear Support also-interacts with : the Corporate- Security Manager, improving the coordination

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between the site security. orga_nization and the General Office staff, including- )

the. Nuclear Licensing and Safety Departmen l DATE WHEN FULL' COMPLIANCE WILL BE ACilIEVED f

Full' compliance with the submittal. requirements of .10CFR73.55 was ' achieved 1 Lon April 16 J 1987..- The proposed Security Plan changes will..be implemented sixty- (60) ' days - after ' NRC' approval. . The position of Division Manager of Nuclear Support is'in place and is providing coordination among ~the District's Nuclear- Divisions for security . and Lother - matters. No further action is'

. planne :If.;you have any questions regarding this response, please contact me or G. R. Ilorn at Cooper' Nuclear Statio

Sincerely,

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. . revors Division Manager

' Nuclear Support GAT /grs: cal 4/3(D4A)

'cc: #U.S. Nuclear Regulatory Commission

. Regional Office - Region IV NRC Senior Resident Inspector Cooper Nuclear' Station

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