IR 05000456/1988020

Forwards Notice of Violation & Proposed Imposition of Civil Penalty from Insp Repts 50-456/88-20 & 50-457/88-20 on 880620.Encl Withheld (Ref 10CFR73.21)

ML20154L465
Person / Time
Site:	Braidwood
Issue date:	09/16/1988
From:	Davis A NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To:	Reed C COMMONWEALTH EDISON CO.
References
EA-88-174, NUDOCS 8809260198
Download: ML20154L465 (3)

Text

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SEP 16 %9 Docket No. 50-457 License No. NPF-77 EA 88-174 Commnnwealth Edison Company ATTN: Mr. Cordell Reed Senior Vice President Post Office Box 767 Chicago, Illinois 60690 Gentlemen:

SUBJECT: NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY (NRC INSPECTION REPORTS NO. 50-456/88020(ORSS);

NO. 50-457/88020(ORSS)) <

This refers to the inspection conducted on June 20, 1988 of activities at the Braidwood Nuclear Power Station, Unit 2, authorized by NRC Operating License No. NPF-77. The inspection related to events on June 16, 1988 when the NRC Resident Inspector identified two instances of inattentiveness on the part of security of ficers, as described in tFe subject Inspection Report sent to you by letter dated July 1,1988, An enforcement conference was held on July 18, 1988 in the Region III Office in which the violation, its root chuse, and your corrective actions were discusse On June 16, 1988 two separate examples of security officers' inattentiveness were identified. The officers were posted as compensatory measures for an unlocked, unalarmed vital area door. When the resident inspector walked in the vicinity of the two officers, both of whom were n;ted with eyes closed,

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his presence was neither acknowledged nor challenged by them. We believe that access to the vital area could have been achieved shile the officers were inattentiv At the July 18, 1988 enforcement conference. it was your staff's psition that the performance of the officers was not acceptable to CECO, but concluded ;

that the officers were sufficiently attentive to control access for purposes '

of meeting regulatory requirements and, therefore, a violation had not occurre !

The two officers in question were posted to control access to a vital area, were observed at close range by NRC inspectors who waited to be acknowledged, l and failed to respond to the presence of the inspectors for an unacceptably '

long period of time. In one case, the inspe. tor actually walked past the guard and approached and stood by the v' ,al area door without challenge, the guard clearly failing to meet the requirements of positive access control. In view ;

of these facts, it is difficult to understana and accept your staff's positio I Subsequently, we understand that position bas been revised to acknowledge that a violation had occurre I d

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Commonwealth Edison Company  ? SEP 161988 i

To emphasize the importance of posting effective compensatory measures and the  !

] need to ensure that security officers performance does not impact on the  ;

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adequacy of those measures, 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 ,

Imposition of Civil Penalty in the amount of Fifty Thousand Dollars (550,000)

i for the violation described in the enclosed Notice. In accordance with the  :

"General Statement of Policy and Procedure for NRC Enforcement Actiens " l 10 CFR, Part 2, Appendix C (1988) (Enforcerrent Policy), the violatio., Jescribed  :

in the enclosed Notice has been categorized at a Severity Level III. The  :

escalation and mitigation factors in the Enforcement Policy were considered,

! and no adjustment has been deemed appropriat )

I As a result of the Enforcement Conference, we have additional concerns. The J

position taken by your staff was not supported by the facts. We were  !

! surprised that this position was supported by corporate management at the [

l meeting and concerned that it may provide the wrong message to plant personnel, j specifically regarding the importance of maintaining effective compensatory L

] measures and the appropriate standards for communicating with the Commissio ! You are required to respond to this letter and should follow the instructions j specified in the enclosed Notice when preparing your response. In your j response, you should document the specific actions taken and any additional i i actions you plan 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

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action is necessary to ensure compliance with NRC regulatory requirements, v

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4 Areas discussed in this Notice concern subject matter which is exempt from j disclosure according to 10 CFR 73.21(c)(2). Consequently, the enclosure to j this letter will not be placed in the NRC Public Document Room. Your

! response to the violations identified in the enclosed Notice should be I l ubmitted in acco, dance with 10 CFR 2.790(d) and 10 CFR 73.2 l l i

, The responses directed by this letter and the enclosed Notice are not st.bject [

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to the clearance procedutes of the Office of Management and Budget, as  ;

required by the Paperwork Reduction Act of 1980, Pu L., No. 96-51 '

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Sincerely, l

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' . Ber dav4s i

Regional AdminisMQb6ure Contains  !

Enclosu.e: Notice of Violation FEGUARDS INFORMATI j and Proposed Imposition of Civil Penalty pon Separation This

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Commonwealth Edison Company 3 gp ; 3 g Distributien cc w/enclosu.*e:

T. J. Mailan, Vice President, PWR Or,erations H. Blist, Nuclear Licensing Manager S. Hunsader, Nuclear Licensing Administrator M. '.ohmann, Project Construction and Startup Superintendent R. E. Querio, Station Manager P. L. Barnes, Regulatory Assurance Supervisor J. Lieberman, OE NRR/ORIS/SGB NRR/ORIS/ SIB Enforcement Coordinators RI, RII, RIV, RV s cc w/o enclosure:

DCO/DCB (RIOS)

1.icensing Fee Management Branch Resident Inspector, RIII Braidwood D. W. Cassel, Jr. , Es Richard Hubbard J. W. McCaffrey, Chief, Public Utilities Division H. S. Taylor, Quali+y Assurance 01.ision E. Chan, OGC G. Berry 0GC Stephen P. Sands, NRR SECY CA OGPA J. M. Taylor, DEORO L. Chandler, OGC T. Murley, NRR RAO:RIII PAO:RI!!

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