IR 05000335/2008401

NRC Office of Investigations Report No. 2-2006-034 - St. Lucie Nuclear Plant and NRC Security Inspection Report 05000335/2008401 and 05000389/2008401 (OUO Removed)

ML080930372
Person / Time
Site:	Saint Lucie
Issue date:	04/02/2008
From:	Kennedy K Division of Reactor Safety II
To:	Stall J Florida Power & Light Co
References
2-2006-034, EA-07-321 IR-08-401
Download: ML080930372 (4)

Text

ril 2, 2008

SUBJECT:

NRC OFFICE OF INVESTIGATIONS REPORT NO. 2-2006-034 - ST. LUCIE NUCLEAR PLANT AND NRC SECURITY INSPECTION REPORT 05000335/2008401 AND 05000389/2008401

Dear Mr. Stall:

This refers to an investigation conducted from September 1, 2006, to June 19, 2007, by the U.S.

Nuclear Regulatory Commission=s (NRC) Office of Investigations (OI) at the St. Lucie Nuclear Plant. The purpose of the investigation was to determine whether Florida Power & Light Company (FPL) management willfully failed to identify two contract workers as untrustworthy subsequent to their actions to falsify a work order related to valve maintenance activities they performed. A Factual Summary, providing details of the OI investigation, is included as an enclosure to this letter.

Based on the OI investigation, two apparent violations of NRC requirements were identified and are being considered for escalated enforcement action in accordance with the NRC Enforcement Policy. The current Enforcement Policy is located on the NRC=s Web site at www.nrc.gov/about-nrc/regulatory/enforcement/enforce-pol.html.

The first apparent violation (AV 05000335,05000389/2008401-01) involves a deliberately incomplete condition report created by a Senior Plant Supervisor, Mechanical Maintenance. 10 CFR 50.9 states, in pertinent part, that information provided to the Commission or required to be maintained by the licensee shall be complete and accurate in all material respects. CR 2005-7749 did not document that the two contract maintenance workers had deliberately falsified a work order to reflect that they used the torque wrench required by procedure, when they had used a different torque wrench, in order to conceal that they had over-torqued a valve. The incomplete CR 2005-7749 was material because it concealed the violation of a work procedure and the questionable trustworthiness of the two contract maintenance workers. Had the Condition Report been complete, FPL would have, by procedure, considered the information in evaluating the two contract workers suitability for continued unescorted access (UA) and possible entry into the Personnel Access Data System (PADS).

FP&L 2 The second apparent violation (AV 05000335,05000389/2008401-02) involves the Mechanical Maintenance Senior Plant Supervisors deliberate failure to contact the appropriate site security manager in order to initiate an assessment of the trustworthiness and reliability of the two contract technicians. FPL Nuclear Division Policy, NP-415, Revision 3, provides, in pertinent part, that in all instances where the trustworthiness and reliability of a person who is currently granted UA is called into question by credible objective evidence, the responsible supervisor or manager of that individual shall promptly contact the appropriate site security manager at the nuclear plant site. Had the supervisor contacted the site security manager, this information would have been considered in evaluating the two contract workers suitability for continued unescorted access and possible entry into the PADS. The failure to contact the site security manager caused FPL to not meet the Access Authorization program objective in 10 CFR 73.56 (b)(1), which is to provide high assurance that individuals granted UA are trustworthy and reliable, and do not constitute an unreasonable risk to the health and safety of the public including a potential to commit radiological sabotage.

Before the NRC makes its enforcement decision, we are providing you an opportunity to either:

(1) respond to the apparent violations within 30 days of the date of this letter or (2) request a predecisional enforcement conference. If a conference is held, it will be closed to public observation in accordance with the NRC Enforcement Policy because the findings are based on an NRC Office of Investigations report that has not been publicly disclosed.

Please contact Mr. Joel T. Munday, Chief, Plant Support Branch 2, Division of Reactor Safety, at (404) 562-4560, within 10 days of the date of this letter to notify the NRC of your intended response.

If you choose to provide a written response, it should clearly be marked as a AResponse to Apparent Violations EA-07-321" and should include for each violation: (1) the reason for the apparent violation, or, if contested, the basis for disputing the apparent violation; (2) the corrective steps that have been taken and the results achieved; (3) the corrective steps that will be taken to avoid further violations; and (4) the date when full compliance will be achieved. Your response should be submitted under oath or affirmation and it may reference or include previously docketed correspondence, if the correspondence adequately addresses the required response. If an adequate response is not received within the time specified or an extension of time has not been granted by the NRC, the NRC will proceed with its enforcement decision.

In lieu of a predecisional enforcement conference, you may also request Alternative Dispute Resolution (ADR) with the NRC in an attempt to resolve this issue. Alternative Dispute Resolution is a general term encompassing various techniques for resolving conflicts outside of court using a neutral third party. The technique that the NRC has decided to employ is mediation. Additional information concerning the NRC's ADR program is described in the enclosed brochure (NUREG/BR-0317) and can be obtained at http://www.nrc.gov/about-nrc/regulatory/enforcement/adr.html. The Institute on Conflict Resolution (ICR) at Cornell University has agreed to facilitate the NRC's program as a neutral third party. Please contact ICR at 877-733-9415 within 10 days of the date of this letter if you are interested in pursuing resolution of this issue through ADR.

In addition, please be advised that the number and characterization of the apparent violations described herein may change as a result of further NRC review. You will be advised by separate correspondence of the results of our deliberations in this matter.

FP&L 3 In accordance with 10 CFR 2.390 of the NRC's "Rules of Practice," after completion of enforcement related activities in this matter, a copy of this letter and Enclosure 3 will be made available electronically for public inspection in the NRC Public Document Room or from the Publicly Available Records (PARS) component of NRCs document system (ADAMS). However, because of the security-related concerns contained in Enclosures 1 and 2, and in accordance with 10 CFR 2.390, Enclosures 1 and 2 will not be available for public inspection. ADAMS is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html (the Public Electronic Reading Room). To the extent possible, your response should not include any personal privacy, proprietary, or safeguards information so that it can be made available to the Public without redaction.

An unresolved item (URI) 05000335,05000389/2006008-01, Inadequate Review of Condition Report Concerning Security Issues, was identified in NRC Region II Report No. 05000335, 05000389/2006008, dated October 4, 2006. This URI is now closed. Apparent Violation (AV)

05000335,05000389/2008401-01, Failure to Provide Complete and Accurate Information, and Apparent Violation (AV) 05000335,05000389/2008401-02, Failure to Contact the Site Security Manager and to Evaluate Two Workers for Continued Access Authorization have been opened.

Sincerely,

/RA/

Kriss M. Kennedy, Director Division of Reactor Safety Docket No.: 50-335, 50-389 License No.: DPR-67, NPF-16 Enclosure: NUREG/BR-0317 cc: See Page 4

FP&L 4 M. S. Ross cc w/encl: Managing Attorney Gordon L. Johnston Florida Power & Light Company Site Vice President P.O. Box 14000 St. Lucie Nuclear Plant Juno Beach, FL 34408-0420 6531 South Ocean Drive Jensen Beach, FL 34957 Marjan Mashhadi Senior Attorney Christopher R. Costanzo Florida Power & Light Company Plant General Manager 801 Pennsylvania Ave., NW, Suite 220 St. Lucie Nuclear Plant Washingtion, DC 20004 6531 South Ocean Drive Jensen Beach, FL 34957 cc w/o encl:

William A. Passetti Bill Parks Bureau of Radiation Control Operations Manager Department of Health St. Lucie Nuclear Plant 2020 Capital Circle, SE, Bin #C21 6531 South Ocean Drive Tallahassee, FL 32399-1741 Jensen Beach , FL 34957 Craig Fugate Terry L. Patterson Director Licensing Manager Division of Emergency Preparedness St. Lucie Nuclear Plant Department of Community Affairs 6531 South Ocean Drive 2740 Centerview Drive Jensen Beach, FL 34957 Tallahassee, FL 32399-2100 Don E. Grissette J. Kammel Vice President Radiological Emergency Planning Nuclear Training and Performance Administrator Improvement Department of Public Safety Florida Power & Light Company 6000 SE Tower Drive P.O. Box 14000 Stuart, FL 34997 Juno Beach, FL 34408 Douglas Anderson Rajiv S. Kundalkar County Adminstrator Vice President St. Lucie County Nuclear Technical Services 2300 Virginia Avenue Florida Power & Light Company Ft. Pierce, FL 34982 P.O. Box 14000 Juno Beach, FL 34408-0420 Seth B. Dunston Training Manager St. Lucie Nuclear Plant 6531 South Ocean Drive Jensen Beach, FL 34957-2000