IR 05000461/1988011

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Discusses Enforcement Conference Rept 50-461/88-11 on 880421 & Forwards Notice of Violation.Major Areas Discussed: Inattentive Guard.Civil Penalty Will Not Be Imposed Due to Util Corrective Actions.Notice Withheld (Ref 10CFR73.21)
ML20151Z425
Person / Time
Site: Clinton Constellation icon.png
Issue date: 05/03/1988
From: Davis A
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To: Gerstner W
ILLINOIS POWER CO.
References
EA-88-111, NUDOCS 8805050269
Download: ML20151Z425 (4)


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MAY 0 31993 Docket No. 50-461 License No. NPF-62 EA 88-111 Illinois Power Company ATTN:

Mr. W. C. Gerstner Executive Vice President 500 South 27th Street Decatur, IL 62525 Gentlemen:

SUBJECT: NOTICE OF VIOLATION (NRC INSPECTION REPORT NO. 50-461/88011(ORSS))

This refers to the inspection conducted on April 5-8, 1988, of activities at Clinton Power Station authorized by License No. NPF-62. As described in NRC Inspection Report No. 50-461/88011(ORSS) sent to you by letter dated April 21, 1988, the inspection was in response to the licensee identified violation involving an inattentive guard on April 4, 1988. The event was reported in accordance with 10 CFR 73.71. An enforcement conference was held on April 21, 1988, between Mr. J. S. Perry and others of your staf f and Mr. C. E. Norelius and others of my staff during which the violation, its root cause and your corrective actions were discussed.

~1e enforcement conference attendees are listed in Enclosure 2 to this letter.

While the plant was in a maintenance outage, a security guard was posted as a compensatory measure for an open vital door. The guard appeared to be asleep and therefore was inattentive to his duties for up to thirty-five (35) minutes until found by a roving security supervisor.

Nothing abnormal was found during the vital area search conducted following identification of the problem.

In accordance with the "General Statement of Policy and Procedure for NRC Enforcement Actions," 10 CFR Part 2, Appendix C (1988), the violation described in the enclosed Notice has been classified at a Severity Level III.

A civil penalty is considered for a Severity Level III violation.

However, after consultation with the Director, Office of Enforcement and the Deputy Executive Director for Regional Operations, I have decided that a civil penalty will not be imposed in this case because of your prompt identification and reporting and your proactive and unusually prompt and extensive corrective actions. Your actions taken before the start of the maintenance outage included:

(1) the hiring of 15 additional security force personnel to minimize overtime and (2) increasing the frequency of post rotations to occur every hour as opposed to every two hours to reduce boredom and fatigue, gok

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MAY 0 31993 Following the event, your corrective actions included:

(1) an extensive critique of the event, (2) suspension with later termination of employment of the inuttentive guard, (3) a presentation to all security force members on their responsibilities to be alert and the consequences if inattentive, and (4) the removal of chairs from compensatory posts therefore requiring the guards to stand while on post.

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 shoulo 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 future inspections, the NRC will determine whether further NRC enforcement 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, Section 73.21(c)(2). This information must be handled and protected in accordance with the provisions of 10 CFR 73.21.

Consequently, Enclosure 1 to this letter and your response will be not placed in the NRC Public Document Room.

Therefore, your staterrer,t of corrective action regarding the "iolation identified in Enclosure 1 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, Pub.

L., No.96-511.

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Notice of Violation (UNCLASSIFIED SAFEGUARDS INFORMATION)

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Enforcement Conference Attendees

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MAY 0 31988 cc w/ enclosures:

J. Lieberman, OE NRR/DRIS/SGB NRR/DRIS/ SIB Enforcement Coordinators, RI, RII, RIV, RV cc w/ enclosures, w/o UNCLASSIFIED SAFEGUARDS INFORMATION:

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Licensing Fee Management Branch Resident Inspector, RIII Project Manager, NRR Roy Wight, Manager Nuclear Facility Safety Mark Jason, Assistant Attorney General, Environmental Control Division Richard Hubbard J. W. McCaffrey, Chief, Public Utilities Division H. S. Taylor, Quality Assurance Division David Rosenblatt, Governor's Office of Consumer Services SECY CA l

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ENCLOSURE 2 ENFORCEMENT CONFERENCE ATTENDEES Illinois Power Company J. S. Perry, Manager, Nuclear Prograin Coordination F. A. Spangenberg, Manager, Licensing and Safety J. D. Weaver, Director, Licensing C. E. Elsasser, Supervisor, Plant Support Services S. L. Woody, Supervisor, Security J. A. Brownell, Project Specialist, Licensing J. M. Brennan, Vice President, General Manager, Nuclear Energy Division, Pinkerton R. A. Michau, Director, Central Nuclear Group, Pinkerton L. Hoffman, Site Manager, Pinkerton R. J. Lauer, Attorney, Schiff, Hardin and Waite

___S. Nuclear Regulatory Commission U.

C. E. Norelius, Director, Division of Radiation Safety and Safeguards B. S. Hallett, Chief, Materials ar.d Safeguards Branch R. C. Knop, Chief, Reactor Orojects Branch 3 J. R. Creed, Chief, Safeguards Section R. W. Cooper, II, Chief, Reactor Projects Section 3B J. L. Belanger, Plant Protection Analyst B. Drouin, Security Inspector C. D. Anderson, Enforcement T,Tecialist

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