IR 05000440/1988005

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Forwards Physical Security Insp Rept 50-440/88-05 on 880404-13 & Notice of Violation.Encls Withheld (Ref 10CFR73.21(c)(2))
ML20154H314
Person / Time
Site: Perry 
Issue date: 05/12/1988
From: Norelius C
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To: Kaplan A
CLEVELAND ELECTRIC ILLUMINATING CO.
References
EA-88-109, NUDOCS 8805250297
Download: ML20154H314 (3)


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M R( 1 0 1933 Docket No. 50-440 License No. NPF-58 EA 88-109 The Cleveland Electric Illuminating Company ATTN: Mr. Alvin Kaplan Vice President Nuclear Group 10 Center Road Perry, OH 44081 Sentlemen:

SUBJECT:

NOTICE OF VIOLATION (NRC INSPECTION REPORT NO. 50-440/88005(DRSS))

This refers to the routine physical security inspection conducted during the period of April 4-13, 1988, of activities at the Perry Nuclear Power Plant authorized by License No. NPF-58. On October 26, 1987 and February 6, 1988, the licensee identified two unsecure safeguards storage containers as described in NRC Inspection Report No. 50-440/88005(DRSS) sent to you by letter dated May 6, 1988. Also described in the report are two NRC identified procedural violations.

The two examples of unsecure safeguards containers described in the enclosed Notice are similar in nature and are the result of individual mistakes.

The two procedural violations are indicative of inattention to detail bv supervisory and management personnel.

Although the first violation relating to the unsecure containers could be classified at Severity Level III in accordance with Supplement III of the

"General Statement of Policy and Procedure for Enforcement Actions," 10 CFR 2, Appendix C, (Enforcement Policy) (1988), the violation is classified at Severity Level IV in this case based upon the location of both containers within the Protected Area, which in itself provides a measure of protection, and generally, licensee personnel were in the immediate vicinity of each container 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> a day.

Also, in one example, the information would not have significantly assisted in an act of sabotage.

Nevertheless, the violation demonstrates the need to ensure that safeguards materials are properly secured when not oeing utilized. Therefore, we emphasize that any similar violations in the future may result in additional enforcement action. One procedural violation is classified at Severity Level IV and one at Severity Level V. # 4 k0 Enclosure Contains

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SAFEG0ARDS INFORMTION Upon Scporation This (6 Paso is Decontrolled 8805250297 890512-niti-a ra n

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The Cleveland Electric Illuminating

MAY 121999 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 plan to prevent recurrence. After reviewing your response to this Notice, including your proposed corrective actions and the results of l

future inspections, the NRC will determine whether further NRC enforcement l

action is necessary to ensure compliance with NRC regulatory requirements.

Areas discussed in this Notice concern subject matter which is exempt from disclosure according to Part 73, Title 10, Code of Federal Regulations, Section73.21(c)(2). This infonnation must be handled and protected in accordance with the provisions of 10 CFR 73.21.

Consequently, the enclosures to this letter and your response will be not placed in the NRC Public Document Room. Therefore, your statement of corrective actions regarding the violations identified in the enclosure should be submitted as a separate enclosure to your transmittal letter in the manner prescribed.

The response directed by this letter and the enclosed 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, kwAb Y

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Charles E. Norelius, Director Division of Radiation Safety and Safeguards Enclosures:

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Notice of Violation 2.

Inspection Report

No. 50-440/88005(DRSS)

(UNCLASSIFIED SAFEGUARDS

INFORMATION)

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F. R. Stead, Director, Perry

Plant Technical Department

M. D. Lyster, General Manager,

Perry Plant Operations Department

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UNCLASSIFIED SAFEGUARDS

INFORMATION:

Ms. E. M. Buzzelli, Manager,

Licensing and Compliance Section

DCD/DCB (RIDS)

Licensing Fee Management Branch

Resident Inspector, RIII

Harold W. Kohn, Ohio EPA

Terry J. Lodge, Esq.

James W. Harris, State of Ohio

Robert M. Quillin, Ohio

Department of Health

State of Ohio, Public

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Murray R. Edelman

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