IR 05000315/1995011
| ML17333A216 | |
| Person / Time | |
|---|---|
| Site: | Cook  |
| Issue date: | 12/08/1995 |
| From: | Miller H NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| To: | Fitzpatrick E INDIANA MICHIGAN POWER CO. (FORMERLY INDIANA & MICHIG |
| Shared Package | |
| ML17333A217 | List: |
| References | |
| EA-95-219, NUDOCS 9512140227 | |
| Download: ML17333A216 (7) | |
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UNITED STATES NUCLEAR REGULATORYCOMMISSION
REGION III
801 WARRENVILLERQAD USLE, ILLINOIS60532-4351 December 8, 1995 EA 95-219 Hr.
E. Senior Vice President Nuclear Generation Indiana Michigan Power Company 1 River side Plaza Columbus, OH 43216 SUBJECT.:
NOTICE OF VIOLATION (NRC INSPECTION REPORT NOS.
50-315/316/95011(ORS)
)
Dear Hr. Fitzpatrick:
This refers to the inspection conducted on September 19, 1995, at the Donald C. Cook Nuclear Plant.
The purpose of this inspection was to review the circumstances surrounding your identification on August 22, 1995, that a
c ntract employee was inappropriately granted unescorted access prior to completion of all necessary requirements.
The report documenting the inspection was sent to you by letter dated October 16, 1995.
Based on the information developed during the inspection and the information that you provided in a.Licensee Event Report dated September 21, 1995, and in your response to the inspection report dated November 15, 1995, the NRC has determined that a violation of NRC requirements occurred.
The violation is cited in the enclosed Notice of Violation (Notice) and the circumstances surrounding it are described in detail in the inspection report.
c On August 16, 1995, an access control clerk incorrectly documented a negat've hemical test resuIt for a contr act employee, based on chemical test results
.
for another individual with the 'same last name.
On August 1T, 1995, the employee was granted unescorted access to the plant, and on August 19 began work in the plant protected/vital areas.
The error was discovered on August 22, 1995, when the Medical Review Officer (HRO) requested assistance from the Access Control Supervisor (ACS) in contacting the employee.
The ACS's review of the employee s personnel security file identified that the employee had been inappropriately granted unescorted access.
The employee's supervisor was contacted and the employee was escorted from the protected area.
The employee's unescorted access was suspended because of the absence of negative chemical test results.
On August 23, 1995, the NRO notified licensee management that the employee had a confirmed positive test for a controlled substance.
The root causes of the violation were isolated inattention to detail on th p rt of the access control clerk, and a weakness in the access authorization a
e program in that written instructions did not require the access control clerk 95i2i40227 95i208 PDR ADQCK 050003i5
PDR l4ggO8
,l 1 to check the social security number of individuals being processed for unescorted access.
In this case, the contract employee was a general laborer who had worked in a team with direct supervision, had not worked on safety related equipment, and had not exhibited any adverse character traits or behavior.
Notwithstanding, the violation represents a failure to perform an appropriate evaluation which resulted in an individual being inappropriately granted unescorted access.
The primary purpose of the access authorization program is to limit unescorted access to vital and protected areas to those individuals who are judged to be trustworthy and reliable.
Therefore, this violation has been categorized in accordance with the "General Statement of Policy and Procedure for NRC Enforcement Actions" (Enforcement Policy),
(60 FR 34381; June 30, 1995) at Severity Level III.
In accordance with the Enforcement Policy, a base civil penalty in the amount of $ 50,000 is considered for a Severity Level III violation.
Because your facility has been the subject of escalated enforcement actions within the last 2 years the NRC considered whether credit was warranted for Identification and Coirective Action in accordance with the civil penalty assessment process in Section VI.B.2 of the Enforcement Policy.
Credit was warranted for your identification of the violation.
Credit was also warranted for your comprehensive corrective actions which included terminating the contract employee's unescorted access; verifying that negative chemical test results were received prior to granting unescorted access for 964 individuals processed during the Unit I refueling outage; revising the applicable procedure to require verification that the name, social security number, and dates correctly identify the individual being processed for unescorted access; counseling the access control clerk; and conducting meetings between management and access control personnel to emphasize the necessity of verifying all identifying information for each required element prior to granting access.
Therefore, to encourage prompt identification and comprehensive correction of violations, I have been authorized, after consultation with the Director, Office of Enforcement, not to propose a civil penalty in this case.
However, significant violations in the future could result in a civil penalty.
The NRC has concluded that information regarding the reason for the violation, the corrective actions taken and planned to correct the violation and prevent recurrence is already adequately addressed on the docket in Inspection Report No. 50-315/316/95011(DRS),
LER 95-S-OOI, and your letter dated November 15, 1995.
Therefore, you are not required to respond to this letter unless the description in the docketed materials referenced above does not accurately reflect your corrective actions or your position.
In that case, or if you choose to provide additional information, you should follow the instructions specified in the enclosed Notice.
'
Severity Level IIIviolation was issued on February 28, 1995 (EA95~) for granting unescorted access to an individual whom the licensee later determined should have not been granted such access.
I'~ In accordance with 10 CFR 2.790 of the NRC's "Rules of Practice,"
a copy of this letter and its enclosure will be placed in the NRC Public Oocument Room (PDR).
Sincerely, Docket No. 50-315 Docket No. 50-316 M ert J. Hiller Regional Administrator Enclosure:
Notice of Violation cc w/encl:
A. A. Blind, Plant Hanager James R. Padgett, Hichigan Public Service Commission Hichigan Department of Public Mealth
e Distribution PUBLIC SECY CA JTaylor, EDO JMilhoan, DEDR JLieberman, OE LChandler, OGC JGoldberg, OGC WRussell, NRR RZimmerman, NRR Enforcement Coordinators RI, RII, RIV Licensing Project Manager, NRR OC/LFDCB Resident Inspector, D. C.
Cook EHayden, OPA LNorton, OIG GCaputo, OI EJordan, AEOD State of Michigan OE:EA(2)
- NUDOCS RAO:RIII SLO:RIII PAO:RIII IMS:RIII