IR 05000335/1988020

Discusses Insp Repts 50-335/88-20 & 50-389/88-20 on 880803 & Forwards Notice of Violation.Notice of Violation Withheld (Ref 10CFR2.790 & 10CFR73.21)

ML20206A448
Person / Time
Site:	Millstone, Saint Lucie
Issue date:	11/03/1988
From:	Ernst M NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
To:	Conway W FLORIDA POWER & LIGHT CO.
References
EA-88-229, NUDOCS 8811150122
Download: ML20206A448 (3)

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NOV 0 31988 1 Docket Nos. 50-335, 50-389 License Nos. OPR-67 NPF-16

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EA 88-229 ,

u, Florida Power and Light Company -

ATTN: Mr. W. F. Conway Senior Vice President - Nuclear  :

Post Office Box 14000 Juno Beach, Florida 33408-0420 Gentlemen:

SUBJECT: NOTICE OF VIOLATION (NRC INSPECTION REPORT NOS. 50-335/88-20 AND 50-389/88-20) ,

This refers to the Nuclear Regulatory Comission (NRC) inspection conducted at the St. Lucie facility on August 3, 1988. The inspection included a review of the circumstances surrounding a security event of July 29, 1988, involving an

inattentive guard. The report documenting this inspection was sent to you by

, letter dated August 19, 1988. As a result of this inspection, significant failures to comply with NRC regulatory requirements were identifie/ and NRC i

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concerns relative to the inspection findings were discussed in an Enforcement !

Conference held on September 6, 1988. The letter summarizing this Conference  !

was sent to you on September 9, 198 .

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i The violations described ir. the enclosed Notice of Violation (Notice) involved

the inattentiveness of a guard controlling access to a vital area and subsequent failure by the licensee to report this event within the one hour time limit specified for this type of event in 10 CFR 73.71(c) and Appendix G to 10 CFR Part 73, section I.c. The events that resulted in this violation

included the discovery of the inattentive guard (Guard A) by another member of ,

the security force (Guard B) on July 29, 1988 at 5:45 a.m. Guard A assumed the post at 4:a7 a.m. and was last checked at 5:18 a.m. Guard B arrived to i relieve Guard A at 5:45 a.m., noted that Guard A was asleep, but did not i report this fact to his supervisor at that time. At 6:59 a.m., one hour and  :

14 minutes later, Guard B reported the incident to a field security supervisor l who, after discussion with Guard B decided not to followup on the inciden ;

At 7:50 a.m., two hours and five minutes after the incident, Guard B reported 'i i the incident to a Security Shift Supervisor. The Security Shift Supervisor then briefed management on this incident and at 9:33 a.m. the licensee reported the ,

incident to the NRC Operations Cente '

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There were several factors which contributed to the delay in reportin .

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Initially, no report was made to security management by Guard B because, as

' he stated, Guard A had been reported sleeping once before and no action was  ;

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taken. Later, Guard B did report it, but due t poor procedures and ,

i training, he informed a field security supervisor instead of the Security  ;

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- . ______ Florida Power and Light Company -2- NOV03 g Shift Supervisor. When the Security Shift Supervisor was finally made aware of the incident, his report to the NRC was delayed for an additional hour and a half due to management briefing The first factor contributing to the delayed report was the vague wording of the security procedure which addresses safeguards event reporting. The licen-see's security procedure places respor ,1bility for initiating a rep' ort with the Security Shift Supervisor. However, as illustrated by this ineident, an excessive period of time can pass before the Security Shift Supervisor becomes aware of an event, and this could cause reporting delays in excess of the regulatory requirement. This procedure is, therefore, inadequate to ensure prompt reporting as require In addition, the NRC is concerned that the management process which evaluated this event was quick to identify an individual employee (Guard B) as bearing primary responsibility and blame. Although the individual must bear some of the responsibility for the reporting violation, the facts suggest that Florida Power and Light Company is primarily responsible. Specifically, the licensee l appears to have inadequate procedures and to have failed to act promptly even i when the information was reported to the Security Shift Supervisor. Had a more indepth analysis been perfomed, the licensee might not have been so quick to blame Guard B and, instead, may have realized that poor procedures, I the prior failure to address a previous similar event, and the manner of briefing management were more responsible for the delayed repor In accordance with the "General Statement of Policy and Procedure for NRC I Enforcement Actions " 10 CFR Part 2, Appendix C (1988) (Enforcement Policy),

the violations described in the enclosed Notice have been categorized in the I

aggregate as a Severity level III problem. Normally, to emphasize the importance of vital area access control and safeguards event reporting, a civil penalty would be proposed for violations at this severity level. A civil penalty was also considered in this case in view of the supervisory levels involved, procedural inadequacies, and the delayed reporting. It is,

! however, recogn' zed that you have not had significant violations in the I

safeguards area although you have had a SALP rating of 2 in safeguards and l

there have been a number of Severity level !Y violations in this area in the l

past two years. However, after consultation with the Director, Office of

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Enforcement, and the Deputy Executive Director for Regional Operations, we have decided not to issue a civil penalty in this case because of the overall record of good perfomance at this facility, in reaching this decision we expect that in view of your demonstrated management capability to achieve this level of perfomance, you will be able to take sufficient management actiors l to achieve improved performance in the safeguards area and obtain lasting correction for the enclosed violations. Notwithstanding the above, significant safeguards violations in the future may be subject to civil penaltie } You are requf red to respond to this letter and the enclosed Notice and should 1 follow the instructions specified therein when preparing your response. In your response, you should oocument the specific actions taken and any additional actions you plan to prevent recurrence. In addition, your responss should {'

describe the actions taken regarding changes to the reporting procedure. After

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[ SAFEGUARDS INFORMATich ==',L eNk*ron, tNs drarrent ks dMeaWed

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. ' Florida Power and Light Company - 3- NOV 0 31988 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 requirement In accordance with 10 CFR 2.790(d) and 10 CFR 73.21, safeguards activities and security measures are exempt from public disclosure. Therefore, the enclosure to this letter, with the exception of the report cover pag. which fresents a nonexempt summary, will not be placed in the NRC Public Document Roo The response directed by this letter and its enclosure are not subject to the cl2arance procedures of the Office of Management and Budget as required by the Paperwork Reduction Act of 1980, Pub. L. No. 96-51

Sincerely, Malcolm L. Ernst Acting Regional Administrator Enclosure:

Notice of Violation (Safeguards Information)

cc w/ encl: cc w/o encl:

K. N. Harris, Vice President State of Florida St. Lucie Nuclear Plant G. J. Boissy, Plant Manager J. B. Harper. 0A Superintendent bcc w/ encl:

NRR/DRIS/SB LChandler, OGC bcc w/o encl:

J. Lieberean, OE DCrutchfield, NRR Document Control Desk B. Murray, Rly Enforcement Coordinators (RIDS IE04), 016 RI, III. IV, and V NRC Pesident inspector

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