IR 05000454/1985054

Forwards Safeguards Insp Rept 50-454/85-54 on 851202-05 & Notice of Violation.Performance Improvement Program,If Properly Implemented,Should Improve Performance in Area of Security

ML20154J065
Person / Time
Site:	Byron
Issue date:	03/05/1986
From:	James Keppler NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To:	Oconnor J COMMONWEALTH EDISON CO.
References
EA-86-018, EA-86-18, NUDOCS 8603100460
Download: ML20154J065 (3)

Text

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MAR 0 5198G Docket No. 50-454 License No. NPF-37 EA No. 86-18 Commonwealth Edison Company ATTN: Mr. James J. O'Connor President Post Office Box 767 Chicago, IL 60690 Gentlemen:

SUBJECT: NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY (NRC INSPECTION REPORT NO. 50-454/85054[DRSS])

This refers to the special safeguards inspection conducted during the period December 2-5, 1985 at the Byron Nuclear Power Station, Byron, Illinois. The results of the inspection were discussed on December 19, 1985 during an enforcement conference between Mr. C. Reed and others of your staff and Mr. A. Bert Davis and others of the NRC Region III staf The inspection revealed that you did not control access into a vital area of the Byron facilit This failure to control access led to two of the three elements of access control for the affected vital area being inadequate such that an individual could have gained unauthorized, undetected access. In addition, the violation continued for 26 days before identification by a member of the security forc Once identified, the incident was not reported to the NRC within the time limits required by 10 CFR 73.71(c). The violations represent a failure to fully implement and maintain in effect the provisions of your NRC approved Physical Security Pla ~lhe results of this inspection and prior poor performance in the area of security raise concerns regarding the effectiveness of the security program at the Byron Nuclear Power Station. These concerns on the part of NRC and licensee personnel led to further discussions subsequent to the December 19, 1985 enforcement conference. As a result of these continued discussions, on January 29, 1986, Commonwealth Edison Company submitted to the NRC a Performance Improvement Program (PIP). The NRC staff has concluded that the program, if properly implemented, should improve performance in the area of securit [

To emphasize the importance of implementing an effective security program \k and maintaining adequate access control into vital areas of the Byron facility, g I have been authorized, af ter consultation with the Director, Office of vip

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I I d CERTIFIED MAIL p Enclosure contains RETURN RECEIPT REQUESTED SAFEGUARDS ItiFORMAT10 8603100460 960305 Upon separation t PDR ADOCK 050 4 y is Decon G

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Commonwealth Edison Company 2 MAR 0 51986 Inspection and Enforcement, to issue the enclosed Notice of Violation and Proposed Imposition of Civil Penalty in the amount of Fifty Thousand Dollars ($50,000) for the violation described in Section I of the enclosed Notic In accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions," 10 CFR Part 2, Appendix C (1985) (Enforcement Policy),

the violation described in Section I of the enclosed Notice has been categorized at a Severity Level II The base value of a civil penalty for a Severity Level III violation is $50,00 The NRC Enforcement Policy allows for reduction of a civil penalty under certain circumstances. In this case, your prompt and extensive corrective actions which included initiation of additional barrier inspections by the security force, retraining of security force members, revisions to the post orders, relocation of vital area barriers to better control access, as well as the re-stenciling and locking of floor plugs leading from protected to vital areas were considered. In addition, as discussed by members of your staff during the December 19, 1985 enforcement conference, you took strong disciplinary action, including the dismissal of two individuals and the suspension of three others, and initiated a PIP in the area of securit The NRC staff believes that these corrective actions are indicative of management's commitment toward improving overall performance in the area of security at the Byron facilit However, the corrective actions taken are offset by your poor enforcement history in the general area of concern, the duration of the violation before identificaticn by a security force member, and your late reporting of the event. Therefore, no mitigation or escalation of the base civil penalty is deemed appropriate in this cas You are required to respond to this letter and should follow the instructions specified in the enclosed Notice when preparing your respons You should place all Safeguards Information as defined in 10 CFR 73.21 only in enclosures, so that your letter may be placed in the Public Document Roo In your response, you should document the specific actions taken and any additional actions you plan to prevent recurrenc After reviewing your response to this Notice, including your proposed corrective actions, the NRC will determine whether further NRC enforcement action is necessary to ensure compliance with NRC regulatory requirement The material enclosed contains Safeguards Information as defined by 10 CFR 73.21 and its disclosure to unauthorized individuals is prohibited by Section 147 of the Atomic Energy Act of 1954, as amende Therefore, with the exception of the cover letter, this material will not be placed in the Public Document Roo Enclosurecoyta,ggg STEEG@RUS y tMS UPCO N w s D controIICd S, N :

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g g ~', x s' c-- iriod 2 4 Commonwealth Edison Company 3 MAR 0 51986 The responses directed by this letter and the enclosed Notice are not subject to the clearance precedures of the Office of Mana0ement and Budget as required by the Paperwork Reduction Act of 1980, PL 96-51

Sincerely, Cr!ginal r,i.W ' '<Y k ,es G. 11;; b r James G. Keppler Regional Administrator

Enclosures:

Notice of Violation and Proposed Imposition of Civil Penalty Inspection Report No. 50-454/85054(DRSS)

(UNCLASSIFIED )

REGION III==

Report No. 50-454/85054(DRSS)

Docket No. 50-454 License No. NPF-37 Licensee: Commonwealth Edison Company Post Office Box 767 Chicago, IL 60690 Facility Name: Byron Nuclear Power Station, Unit 1 Inspection At: Byron Site, Byron, IL Inspection Conducted: December 3, 1985 (Onsite)

December 2, 4-5, 1985 (Region III Office)

Date of Last Physical Security Inspection: October 25, 1985 (Onsite)

October 28-30, 1985 (Region III Office)

Type of Inspection: Announced, Special Physical Security Inspection Inspectors: %.k- 7 /1[/N86 J. L. Belanger Date Physical Security Inspector

%.u. w my in./nb s G. M. Christoffer' Date Physical Security Inspector Reviewed By: h[

. lt. Creed, Chief

1. [fM Date ySafeguardsSection Approved By: h /2!//#J~ l W. L. Axelson, Chief Date l

Nuclear Materials Safety and Safeguards Branch A '

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