IR 05000312/1998002
ML20236Q946 | |
Person / Time | |
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Site: | Rancho Seco |
Issue date: | 07/15/1998 |
From: | Scarano R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV) |
To: | Ferreira R SACRAMENTO MUNICIPAL UTILITY DISTRICT |
References | |
50-312-98-02, 50-312-98-2, NUDOCS 9807210145 | |
Download: ML20236Q946 (4) | |
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UNITED STATES
[p>*"C%,
SUBJECT:
NRC INSPECTION REPORT 50-312/98-02
Dear Mr. Ferreira:
l Thank you for your letter of June 30,1998, in response to our June 3,1998, letter and Notice of Violation. We have reviewed your reply and find it responsive to the concerns raised in our Notice of Violation. We will review the implementation cf your corrective actions during a
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future inspection to determine that full compliance has been achieved and will be maintained.
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Sincerely, WL Ross A. Scarano, Director
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l Division of Nuclear Material Safety Docket No.: 50-312 License No.: DPR-54
cc Thomas A. Baxter, Esq.
Shaw, Pittman, Potts & Trowbridge 2300 N. Street, N.W.
Washington, D.C. 20037 Jerry Delezinski, Licensing Supervisor Sacramento Municipal Utility District l
l Rancho Seco Nuclear Generating Station l
14440 Twin Cities Road Herald, Califomia 95638-9799 i
h72 45 900715 G
CK 05000312 PDR L
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Sacramento Municipal Utility District-2-l Cindy Buchanan, Site Document l
Control Supervisor Sacramento Municipal Utility District Rancho Seco Nuclear Generating Station 14440 Twin Cities Road Herald, Califomia 95638-9799 l
l Sacramento County Board of Supervisors l
700 H. Street, Suite 2450 Sacramento, California 95814 Ms. Helen Hubbard
' P.O. Box 63 Sunol, California 94586
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Dana Appling, General Counsel Sacramento Municipal Utility District 6201 'S' Street P.O. Box 15830 Sacramento, California 95813 Mr. Steve Hsu Radiologic Health Branch State Department of Health Services P.O. Box 942732 Sacramento, Califomia 94234 j
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Sacramento Municipal Utility District-3-DISTRIBUTION w/coov of licensee's letter dated June 30.1998:
DCD (IE01)(IE04)
EWMerchoff, RA MMessier, OC/LFDCB (4503)
SSBajwa, NRR/DRPM/PDND (11B20)
GHMarcus, NRR/DRPW/PDill-3 (11E2)
WDReckley, NRR/ADPR/CBLA (12D22)
SHWeiss, NRR/PDND (11B20)
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LLWheeler, NRR/DRPM/PDND (11B20)
RFDudley, NRR/DRPM/PDND (11B20)
Elaine Koup NRR/DRPM/SGB (MS:OWFN 11E-22)
Ellen Poteat, OCFO/LFARD, (MS: TWFN 9310)
BMurray, DRS/PSB LLHowell, DNMS CLCain DBSpitzberg FAWenslawski, WCFO MRShaffer JVEverett MIS System NMSB2 RIV Files - 4th floor file room (Part 50 Docket)
DRS Security File (Hodges)
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DOCUMENT NAME: R:\\_RS\\RS802AK.DWS l
To receive copy of document, indicate in box: "C" = Copy without enclosures "E" = Copy with enclosures "N" = No copy f
RIV:PSB
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E C:DRS\\PSB N C:DNMS\\NMSB2 l N DD:DNMS rN/ D:DNMV N DWSchaefer/J-BMurray T)
DBSpitzberg T##
LLHowell.O RA$ctirano 07/\\ (/98 07/lL/ /98 07/1% /9f) W pf/
/98 U
07/ M /98
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OFFICIAL RECORD COPY l
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I Sacramento Municipal Utility District-3-DISTRIBUTION w/ copy of licensee's latter dated _ June 30.1998:
DCDM(IE04)*
EWMerchoff, RA MMessier, OC/LFDCB (4503)
SSBajwa, NRR/DRPM/PDND (11820)
GHMarcus, NRR/DRPW/PDill-3 (11E2)
WDReckley, NRR/ADPR/CBLA (12D22)
SHWeiss, NRR/PDND (11B20)
LLWheeler, NRR/DRPM/PDND (11B20)
RFDudley, NRRiDRPM/PDND (11820)
Elaine Koup NRR/DRPM/SGB (MS:OWFN 11E-22)
Ellen Poteat, OCFO/LFARD, (MS: TWFN 9310)
BMurray, DRS/PSB LLHowell, DNMS CLCain DBSpitzberg FAWenslawski, WCFO MRShaffer JVEverett MIS System NMSB2 RIV Files - 4th floor file room (Part 50 Docket)
DRS Security File (Hodges)
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DOCUMENT NAME: R:\\_RS\\RS802AK.DWS To receive copy of document, indicate in box: "C" = Copy without enclosures "E" = Copy with enclosures "N" = No copy RIV:PSB jE C:DRS\\PSB lN C:DNMS\\NMSB2 l N DD:DNMS rN) D:DNMjPi N l
DWSchaefer/J-BMurray $
DBSpitzberg TWW LLHowell O RA$e6rano 07/\\ (/98 07/Ill /98 07/ ly /9f) N pf/
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07/ l% /98
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OFFICIAL RECORD COPY
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SACRAMENTO MUMCIPAL tmuTY DISTRICT O P. O. Box 1583o, Sacramento CA 95852-1830, (916) 452-3211 AN ELECTRIC SYSTEM SERVING THE HEART OF CALIFORNIA
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MPC&D 98-102
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June 30, 1998
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U. S. Nue:t:ar Regulatory Commission
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$ 'l Attention: Document Control Desk JJf.
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Washington,DC 20555
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Docket No. 50-312 Rancho Seco Nuclear Station License No. DPR-54 DISTRICT RESPONSE TO NRC NOTICE OF VIOLATION 50-312/9802-01 Attention: Document Control Desk In NRC Inspection Report 50-312/98-02, the Sacramento Municipal Utility District (the District) received a Notice of Violation related to activities conducted at the Rancho Seco Nuclear Station. In accordance with 10 CFR 2.201, the District provides the enclosed response to Notice of Violation 50-312/9802-01.
Members of your staff requiring additional information or clarification may contact Jerry Delezenski at (916) 452-3211, extension 4914.
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Sincerely, C%,
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G f, L Steve J. Redeker Manager Plant Closure & Decommissioning cc w/ Encl:
E. W. Merschoff, NRC, Arlington, Texas D. Dudley, NRC, Rockville W~-I743
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ResDonse to NRC Notice of Violation 50-312/9802-01 l
NRC Statement of Violation:
10 CFR 73.56(b)(2)(i) requires, in pan, that the licensee provide high assurance that individuals granted unesconed access to protected areas are tmstwonhy and reliable. In
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l this regard, the licensee's program for granting unescorted access authorization to the plant's protected area must include a background investigation, including information concerning an individual's criminal history.
License Condition 2.C.(3) of the licensee's facility operating license requires, in part, that the licensee maintain in effect and fully implement all provisions of the physical security plan approved by the Commission and all changes and amendments made pursuant to the authority of 10 CFR 50.54(p) and 10 CFR 50.90.
Section 5.1.2.2 of the licensee's physical security plan states, in part, that," Personnel authorized unesconed access to the protected area shall meet all requirements of the Access Authorization Program which meets all elements of Regulatory Guide 5.66 to satisfy the requirements of 10 CFR 73.56."
Paragraph 7.1 of the Appendix to Regulatory Guide 5.66 dated June 1991 (NUMARC 89-01) requires, in pan, that a licensee review and consider all information obtained during a background investigation and base its decision to grant unesconed access authorization upon the results of this review.
Paragraph 7.la of the Appendix to Regulatory Guide 5.66 dated June 1991 (NUMARC 89-01) requires,in pan, that in making a determination of trustworthiness and reliability, that the licensee consider the willful omission or falsification of material information submitted in support of a request for unescorted access authorization.
Contiary to the above, on May 20,1998, the inspector determined that the licensee failed to: (1) review and consider all information obtained during a background investigation; and (2) consider if available criminel history information had been willfully omitted or falsified from the individual's personnel security questionnaire. Specifically, on May 11, 1998, the licensee received criminal history (misdemeanor conviction) information from the state of California that had not been included on an individual's personnel security questionnaire. As of May 20,1998, licensee management had not reviewed this criminal history infonnation, nor determined if this information had been willfully omitted by the
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individual from his personnel security questionnaire.
This is a Severity Level IV violation (Supplement III).
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Resnonse to NRC Notice of Violation 50-312/9802-01 I
i District ReSDonse:
Admission or Denial of Violation i
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The District acknowledges that it did not review state of Califomia criminal history information for the subject individual from May 11,1998, to May 20,1998.
Reason for Violation Distdct Security did not perform a more timely review of the individual's state of California criminal history information because District Security office staff did not forward the criminal history information to District Security supervision as is typically done. Instead Security office staff placed the state of Califomia criminal history information into the individual's badge information folder without District Security supervision review.
The District believes District Security would have reviewed the state of California criminal history information after District Security received the subject individual's FBI criminal history information. In accordance with District access authorization procedures District Security evaluates relevant background infonnation collected in an individual's badge infonnation folder before the District grants permanent protected area unescorted access authorization. District Security needed the outstanding FBI criminal history info;mation before District Security could upgrade the subject individual from temporary to permanent protected area unescorted access authorization. District receipt of the FBIinformation would have prompted a review of the individual's badge information folder, which contained the state of California criminal history information.
Discussion of Violation District Security completed the required, initial background investigation, submitted fingerprints to the FBI and the State of Califomia, Department of Justice, and granted the
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subject individual temporary protected area unescorted access authorization on March 12, 1998. District Security performed this activity in accordance with:
1. NRC regulations (10 CFR 73.56),
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Resconse to NRC Notice of Violation 50-312/9802-01 Discussion of Violation (Continued)
2. NRC guidance (Regulatory Guide 5.66),
3. Industry guidance (NUMARC 89-01),
4. NRC approved Rancho Seco Physical Security Plan (RSPSP), and j
i 5. Rancho Seco Administrative Procedure RSAP-1003.
10 CFR 73.56(c)(2) allows access authorization programs to specify provisions for granting temporary protected area unescorted access authorization. The District's temporary access authorization program, as specified in the RSPSP and RSAP-1003,
" Access Screening Requirements," meets the guidance contained in NRC Regulatory Guide 5.66, " Access Authorization Program for Nuclear Power Plants" and NUMARC 89-01," Industry Guidelines for Nuclear Power Plant Access Authorization Programs."
The District met its procedural requirements and NRC regulations and guidance when it granted the subject individual temporary protected area unesconed access authorization.
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The RSPSP allows granting individuals temporary protected area unescorted access for
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up to 180 days to permit, in pan, sufficient time to complete the necessary criminal i
history review required for permanent unesconed access authorization. The Rancho Seco Security computer automatically locks out any individual with temporary protected area
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unesconed access authorization that has not received approval for permanent unescorted access authorization within the 180-day time limit.
On May 11.1998, District Security received state of California criminal history information for the subject individual. As of May 20,1998, the District Security supervision had not n: viewed this state of California criminal history information. This delay occurred because District Security office staff placed the criminal history information in the individual's badge information folder instead of routing the information to District Security supervision for review as is typically done.
District Security completed a review of the state of California criminal history information on May 21,1998. As of June 30,1998, District Security was still waiting for
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FBI criminal history information so the District could complete its permanent protected
area unesconed access authorization review. The subject individual would not have reached the 180-day temporary protected area unescorted access authorization limit until September 8,1998.
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s Resoonse to NRC Notice of Violation 50-312/9802-01 Corrective Actions Taken and Results Achieved When the NRC inspector informed the District that District Security had not yet reviewed the state of California criminal history information, District Security supervision immediately initiated the appropriate review. District Security reviewed the state of California criminal history background investigation information and determined the individual omitted one 15-year old misdemeanor conviction (soliciting a prostitute) from i
his personnel security questionnaire due mainly to embarrassment. Also, District l
Security determined the individual did not repon other criminal history information that l
should no! have been on his record (i.e., cdminal charges that had been dropped and never prosecuted).
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District Security completed a review of the subject individual's California criminal
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history information on May 21,1998, determined the individual's personnel security l
questionnaire was not completely accurate, and removed the individual's temporary protected area unescorted access authorization.
Additionally, based on (1) interviews with the subject individual's Rancho Seco sup ervisors and (2) the individual's productive, three-plus months work experience at Rancho Seco, District Security concluded the individual had not exhibited characteristics that detracted from his reliability or trustworthiness. District Security did not identify any significant reliability or trustworthiness concerns that would (1) warrant discontinued employment or (2) prevent consideration for permanent protected area unescorted access authorization before Distnct Security received and reviewed the individual's FBI criminal history information.
Finally, the District revised RS AP-1003 to clarify District Security staff responsibilities regarding the handling and review of criminal history information. This information is not to be placed in an individual's badge information folder until after appropriate District Security supervision review. The RSAP-1003 procedure changes will help ensure more timely District Security review of criminal history information.
l Corrective Actions to be taken to Avoid Further Violations
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In addition to the RSAP-1003 revision, District Security will train the Rancho Seco Security staff on the RSAP-1003 changes, including the responsibilities and expectations regarding the proper handling and review of criminal history information. Also, to ensure continued proper handling and review of criminal history information, District Security will include this training as pan of the annual Security staff refresher training.
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Resoonse to NRC Notice of Violation 50-312/9802-01 i
Date when Full Compliance achieved District Security updated its review of all information obtained during the subject individual's background investigation by completing a review of his state of Califomia criminal history information. Also, District Security considered if criminal history information had been willfully omitted from, or falsified on, the individual's personnel security questionnaire. District Security completed these evaluations and achieved full compliance on May 21,1998.
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