IR 05000335/2007401
| ML071550323 | |
| Person / Time | |
|---|---|
| Site: | Saint Lucie  |
| Issue date: | 06/04/2007 |
| From: | Travers W Region 2 Administrator |
| To: | Stall J Florida Power & Light Co |
| References | |
| EA-06-092 IR-07-401 | |
| Download: ML071550323 (8) | |
Text
June 4, 2007
SUBJECT:
NOTICE OF VIOLATION (ST. LUCIE NUCLEAR PLANT - NRC INSPECTION REPORT NOS. 05000335,389/2007401)
Dear Mr. Stall:
This refers to an inspection completed on March 2, 2007, regarding activities at Florida Power and Light Companys (FPL) St. Lucie Nuclear Plant. The purpose of the inspection was to review the circumstances surrounding the unauthorized removal of a rifle and thermal imaging scope from the facility in December 2005. The results of our review of this matter, including the identification of an apparent violation, were transmitted to FPL by letter dated March 22, 2007.
As you are aware, on March 21, 2007, the Agency issued an Order to the contract security officer responsible for the theft of the above items from the site, which prohibited his involvement in NRC-licensed activities for a period of five years.
On May 14, 2007, a predecisional enforcement conference was conducted in the Nuclear Regulatory Commissions (NRC) Region II Office with FPL to discuss the apparent violation, the significance, the root causes, and FPLs corrective actions. Enclosure 2 provides the list of attendees at the conference. At the conference, FPL provided a detailed description of the events involving the removal of the rifle and scope, its view of the significance of the matter, and the corrective actions taken in response to the issue. FPL stated that the missing rifle and scope did not impact its ability to effectively implement the protective strategy, and concluded that the issue had no impact on its capability to prevent radiological sabotage.
Based on the information developed during the inspection and the information you provided during the conference, 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 subject inspection report. The violation involved an on-duty contract security officer at St. Lucie who deliberately removed the rifle and scope from the site in December 2005, without authorization or approval. These actions placed FPL in violation of 10 CFR Part 73, its Physical Security Plan, and implementing procedure, SEC-AD-1003.
1 A White finding and Notice of Violation was issued on August 24, 2006 (EA-06-200).
The unavailability of the rifle and scope had no actual consequences. Notwithstanding the fact that the items were not available for contingency response for more than 60 days, the Agency agrees with FPLs contentions, as presented at the conference, that the security significance of this matter (absent willfulness) was low, primarily due to the implementation of a defense-in-depth security strategy. However, the deliberate aspects of this matter are particularly egregious because it was attributed to the actions of a contract security officer who had unescorted access to vital areas of the facility. Therefore, this violation is categorized in accordance with the NRC Enforcement Policy at Severity Level III.
In accordance with the Enforcement Policy, a base civil penalty in the amount of $65,000 is considered for a Severity Level III violation. Because your facility has been the subject of escalated enforcement action within the last two years1, the NRC considered whether credit was warranted for Identification and Corrective Action in accordance with the civil penalty assessment process in Section VI.C.2 of the Enforcement Policy.
In this case, the weapon was identified as missing on February 21, 2006, by an FPL security supervisor. Therefore, credit is warranted for the factor of Identification.
In response to this incident, FPL took numerous corrective actions, including: (1) the prompt notification of the incident to the main control room shift manager, on-site management, FPL Corporate Security, the NRC, and local law enforcement authorities; (2) the immediate on-site search for the items, and subsequent coordination with local law enforcement authorities who assisted in both the recovery of the weapon within nine days of it being discovered missing and in the conviction of the individual responsible for the theft; (3) modification/upgrade to FPLs storage and security of equipment, including use of serial numbered tamper seals and modification of protective plastic cases to allow for visual inspection of weapons; (4) the implementation of a formal, proceduralized inventory process which requires frequent and thorough security post inventories; (5) the implementation of an FPL nuclear fleet-wide Conduct of Security procedure, and appropriate training, to establish standards and expectations for security department personnel; and (6) other corrective actions as presented by FPL at the conference. Based on the above, credit is warranted for the factor of Corrective Action.
Therefore, to emphasize the importance of prompt identification of violations and to emphasize the importance of prompt and comprehensive corrective actions I have been authorized, after consultation with the Director, Office of Enforcement, to propose that a civil penalty not be assessed in this case.
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 and the date when full compliance was achieved is already adequately addressed on the docket in this letter and in the information provided by FPL at the conference. Therefore, you are not required to respond to this letter unless the description therein 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.
In accordance with 10 CFR 2.390 of the NRCs Rules of Practice, a copy of this letter will be available electronically for public inspection in the NRC Public Document Room or from the Publicly Available Records (PARS) component of NRCs document system (ADAMS). ADAMS is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html (the Public Electronic Reading Room).
Should you have any questions concerning this letter, please contact Mr. Joseph Shea, Director, Division of Reactor Safety, at (404) 562-4600.
Sincerely,
/RA/
William D. Travers Regional Administrator Docket No. 50-335, 389 License No. DPR-67, NPF-16 Enclosures:
1. Notice of Violation 2. List of Attendees
cc w/encls:
Gordon L. Johnston Site Vice President St. Lucie Nuclear Plant 6351 South Ocean Drive Jensen Beach, FL 34957 Christopher R. Costanzo Plant General Manager St. Lucie Nuclear Plant 6351 South Ocean Drive Jensen Beach, FL 34957 Mr. Bill Parks Operations Manager St. Lucie Nuclear Plant 6351 South Ocean Drive Jensen Beach, FL 34957 Terry L. Patterson Licensing Manager St. Lucie Nuclear Plant 6351 South Ocean Drive Jensen Beach, FL 34957 William E. Webster Vice President, Nuclear Operations Florida Power & Light Company P. O. Box 14000 Juno Beach, FL 34408 Mark Warner, Vice President Nuclear Operations Support Florida Power & Light Company P. O. Box 14000 Juno Beach, FL 33408-0420 Rajiv S. Kundalkar Vice President - Nuclear Engineering Florida Power & Light Company P. O. Box 14000 Juno Beach, FL 33408-0420 Mr. Seth B. Duston Training Manager St. Lucie Nuclear Plant Jensen Beach, Florida 34957-2000 M. S. Ross, Managing Attorney Florida Power & Light P. O. Box 14000 Juno Beach, FL 33408-0420 Marjan Mashhadi, Senior Attorney Florida Power & Light Company 801 Pennsylvania Ave., NW, Suite 220 Washington, DC 20004 William A. Passetti Bureau of Radiation Control Department of Health 2020 Capital Circle SE, Bin #C21 Tallahassee, FL 32399-1741 Craig Fugate, Director Division of Emergency Preparedness Department of Community Affairs 2740 Centerview Drive Tallahassee, FL 32399-2100 J. Kammel Radiological Emergency Planning Administrator Department of Public Safety 6000 SE Tower Drive Stuart, FL 34997 Douglas Anderson County Administrator St. Lucie County 2300 Virginia Avenue Ft. Pierce, FL 34982
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OFFICE EICS:RII DRS OE NSIR DRS SIGNATURE
/RA/
/RA VIA EMAL FOR MBURRELL VIA EMAL FOR MBURRELL
/RA/
NAME CEVANS JSHEA DSOLORIO RCORREIA JMUNDAY DATE 5/21/07 5/21/07 6/1/07 6/1/07 5/21/07 E-MAIL COPY?
YES NO YES NO YES NO YES NO YES NO YES NO
Enclosure 1 NOTICE OF VIOLATION St. Lucie Nuclear Plant Docket Nos. 50-335, 389 Units 1 and 2 License No. DPR-67, NPF-16 EA-06-092 During an NRC inspection completed on March 2, 2007, a violation of NRC requirements was identified. In accordance with the NRC Enforcement Policy, the particular violation is set forth below:
10 CFR 73.20 provides, in part, that licensees are required to establish, maintain, and follow NRC-approved safeguards physical protection and safeguards contingency plans which describe how the licensee will comply with the physical protection performance objectives of Part 73.
Section 15.6 of the Florida Power and Light Company (FPL) Physical Security Plan (PSP) establishes the requirement that the licensee maintain a firearms program. The PSP states, in part, that the program is described in facility procedures and includes provisions to account for licensee firearms.
FPL implementing procedure SEC-AD-1003, Section 5.1.2, states, in part, that for any weapon that is taken from the stations inventory for disposal or sale, the station will document the weapon by make, model, name of institution or individual the weapons accountability was transferred to, signature of the Security Manager/designee releasing ownership of the weapon, and the date the weapon was released from the stations inventory.
Contrary to the above, in December 2005, a contract security officer employed by Wackenhut Security Services deliberately removed a licensee Bushmaster.223 caliber M4/A3 assault rifle, serial number L363236, from the St. Lucie Nuclear Plant for his own personal use without documenting the weapons make, model, name of institution or the individual the weapons accountability was transferred to and without any other licensee supplied authority to remove the weapon, for purposes of disposal or sale.
This is a Severity Level III Violation (Supplement III).
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 and the date when full compliance was achieved is already adequately addressed on the docket in this letter and in the information presented by FPL at the conference. However, you are required to submit a written statement or explanation pursuant to 10 CFR 2.201 if the description therein does not accurately reflect your corrective actions or your position. In that case, or if you choose to respond, clearly mark your response as a "Reply to a Notice of Violation - EA-06-092," and send it to the U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, DC 20555 with a copy to the Regional Administrator, Region II, within 30 days of the date of the letter transmitting this Notice.
Enclosure 1 If you contest this enforcement action, you should also provide a copy of your response, with the basis for your denial, to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
If you choose to respond, your response will be made available electronically for public inspection in the NRC Public Document Room or from the NRCs document system (ADAMS),
accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. Therefore, to the extent possible, the response should not include any personal privacy, proprietary, or safeguards information so that it can be made available to the Public without redaction.
In accordance with 10 CFR 19.11, you may be required to post this Notice within two working days.
Dated this 4th day of June 2007
LIST OF ATTENDEES Florida Power and Light Company Gordie Johnston, Vice President, St. Lucie Nuclear Plant Mark Warner, Vice President, Nuclear Operations-North Region Terry Jones, Vice President Nuclear Plant Support Jerry Mocello, Director, Nuclear Fleet Security Brian Jacques, Security Manager, St. Lucie Nuclear Plant Marjan Mashhadi, FP&L Senior Attorney Dennis Collins, Nuclear Security Services Corporation (NSSC)
Terry Patterson, Licensing Manager, St. Lucie Nuclear Plant Nuclear Regulatory Commission V. McCree, Deputy Regional Administrator, Region II (RII)
J. Shea, Director, Division of Reactor Safety (DRS), RII K. Kennedy, Deputy Director, Division of Reactor Projects (DRP), RII R. Correia, Deputy Director for Security Oversight, Division of Nuclear Security and Incident Response M. Ernstes, Chief, Branch 3, DRP RII J. Munday, Chief, Plant Support Branch 2 (PSB2), RII C. Evans, Enforcement Officer and Regional Counsel, RII S. Sparks, Senior Enforcement Specialist, RII J. Shehee, Senior Physical Security Inspector, PSB2, RII R. Rzepka, Senior Investigator, Office of Investigations D. Furst, Security Specialist, NSIR Enclosure 2