IR 05000346/1987028
| ML20237C299 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse  |
| Issue date: | 12/18/1987 |
| From: | Davis A NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| To: | Shelton D TOLEDO EDISON CO. |
| References | |
| EA-87-219, NUDOCS 8712210232 | |
| Download: ML20237C299 (4) | |
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y,7 DEC 1 B 1987 Docket No. 50-346 License No. NPF-3 EA 87-219 Toledo Edison Company ATTN: Mr. Donald Shelton Vice President Nuclear Edison Plaza L
300 Madison Avenue Toledo, OH 43652 Gentlemen:
SUBJECT: NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY (NRC INSPECTION REPORT NO. 50-346/87028(DRSS))
.This-refers to the inspection conducted during the period of October 21-30, 1987, at the Davis-Besse Nuclear Power Station, Unit 1, Oak Harbor, Ohio. The inspection was in response to a licensee-identified event involving potential access to vital area barriers. An enforcement conference to discuss the event,
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causes, and corrective actions was held in the Region III office on November 19,
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1987.
The violation is considered significant because a potential for unauthorized, undetected access was created when maintenance workers removed material from a vital area barrier without taking adequate compensatory measures.
The primary cause of this violation appears to be the failure of the maintenance staff to notify security prior to the initiation of physical modifications to the plant, a notification that would have provided an opportunity to review the implications of such work and take timely and appropriate compensatory measures. A secondary and contributing factor in this violation was the failure of the security organization to identify the weakness during the periodic patrols of the area or to respond appropriately to the first report by a maintenance worker that there might be a problem, even though it was brought to the attention of a security supervisor. These events suggest that the security organization failed to carry out its responsibilities in identifying and correcting vulnerabilities that may allow uncontrolled access to vital areas of the plant.
To emphasize that effective controls be implemented to assure the adequacy of vital area barriers, I have been authorized, after consultation with the Director, Office of Enforcement, and the Deputy Executive Director for Regional Operations, to issue the enclosed Notice of Violation and Proposed CERTIFIED MAIL B712210232 871218-RETURN RECEIPT REQUESTED gDR ADOCK 05000346 NN PDR.
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~ Toledo Edison Company
DEC 181987 Imposition of Civil Penalty in the amount of Twenty-five Thousand Dollars ($25,000) for the violation described in the enclosed Notice.
In accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions," 10 CFR Part 2, Appendix C (1987) (Enforcement Policy), the violation described in the enclosed Notice has been categorized at a Severity Level III.
The base value of a' civil penalty for a Severity Level III violation is
$50,000. The NRC Enforcement Policy allows for reduction of a civil penalty under certain circumstances.
In this case, the base civil penalty is reduced by 50 percent because of your prompt and extensive corrective actions once the event was identified.
These corrective actions included:
(1) installation of barriers'on the affected areas; (2) vital area barrier walkdown; (3) revision of a present procedure and implementation of a new procedure to improve control of work activities affecting security; (4) increased awareness of personnel; and (5) participation of security personnel in modification meetings.
Further mitigation is not warranted for licensee-identification and reporting in this case because the licensee had several opportunities to identify the violation prior to finally doing so.
The violation existed for forty-six days before identification. A similar violation was discovered elsewhere in the plant two days earlier and should have led to the identification of this violation.
Furthermore, a maintenance worker had notified a member of the
- security force that a problem could exist, but no compensatory measures were taken.
You are required to respond to this letter and should follow the instructions specified in the enclosed Notice when preparing your response.
In your response, you should document the specific actions taken and any additional actions you plant to prevent recurrence. After 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 requirements.
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Portions of the enclosed Notice contain details of your security program that have been determined to be exempt from public disclosure in accordance with 10 CFR_73.21 (Safeguards Information).
Therefore, those portions will not be
placed in the NRC Public Document Room and will receive limited distribution.
Further, in your response to this letter and Notice, you should place all Safeguards Information in enclosures, so as to allow your letter (without enclosures) to be placed in the Public Document Room.
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Toledo Edison Company
I' [ ' I B NTI The responses directed by this letter and the accompanying Notice are not subject to the clearance procedures of the Office of Management and Budget as required by the Paperwork Reduction Act of 1980, PL 96-511.
Sincerely, A. Bert Davis Regional Administrator Enclosure:
Notice of Violation and Proposed Imposition of Civil Penalty (UNCLASSIFIED )
cc w/ enclosure:
L. Storz, Plant Manager NRR/DRIS/SGB NRR/DRIS/S1B cc w/ enclosure, w/o UNCLASSIFIED SAFEGUARDS
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INFORMATION:
DCD/DCB (RIDS)
Licensing Fee Management Branch Harold W. Kohn, Ohio EPA James W. Harris, State of Ohio l
Robert M. Quillin, Ohio l
Department of Health State of Ohio, Public Utilities Commission l
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DEC 181987
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