Information Notice 1991-59, Problems with Access Authorization Programs

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Problems with Access Authorization Programs
ML031190245
Person / Time
Site: Beaver Valley, Millstone, Hatch, Monticello, Calvert Cliffs, Dresden, Davis Besse, Peach Bottom, Browns Ferry, Salem, Oconee, Mcguire, Nine Mile Point, Palisades, Palo Verde, Perry, Indian Point, Fermi, Kewaunee, Catawba, Harris, Wolf Creek, Saint Lucie, Point Beach, Oyster Creek, Watts Bar, Hope Creek, Grand Gulf, Cooper, Sequoyah, Byron, Pilgrim, Arkansas Nuclear, Braidwood, Susquehanna, Summer, Prairie Island, Columbia, Seabrook, Brunswick, Surry, Limerick, North Anna, Turkey Point, River Bend, Vermont Yankee, Crystal River, Haddam Neck, Ginna, Diablo Canyon, Callaway, Vogtle, Waterford, Duane Arnold, Farley, Robinson, Clinton, South Texas, San Onofre, Cook, Comanche Peak, Yankee Rowe, Maine Yankee, Quad Cities, Humboldt Bay, La Crosse, Big Rock Point, Rancho Seco, Zion, Midland, Bellefonte, Fort Calhoun, FitzPatrick, McGuire, LaSalle, Fort Saint Vrain, Shoreham, Satsop, Trojan, Atlantic Nuclear Power Plant, Crane  Entergy icon.png
Issue date: 09/23/1991
From: Rossi C
Office of Nuclear Reactor Regulation
To:
References
IN-91-059, NUDOCS 9109170084
Download: ML031190245 (11)


UNITED STATES

NUCLEAR REGULATORY COMMISSION

OFFICE OF NUCLEAR REACTOR REGULATION

WASHINGTON, D.C. 20555

September 23, 1991 NRC INFORMATION NOTICE 91-59: PROBLEMS WITH ACCESS AUTHORIZATION PROGRAMS

Addressees

All holders of operating licenses or construction permits for nuclear power

reactors.

Purpose

The U.S. Nuclear Regulatory Commission (NRC) is issuing this information notice

to alert addressees to two areas of continuing problems with access authoriza- tion programs. One area involves licensee contractors or subcontractors not

completing the requirements for background investigations or falsifying records;

the other involves the improper administration or compromise of psychological

tests.

It is expected that recipients will review the information for appli- cability to their facilities and consider actions, as appropriate, to avoid

similar problems. However, suggestions contained in this information notice

are not NRC requirements; therefore, no specific action or written response is

required.

Description of Circumstances

In recent months, the NRC has received numerous reports and allegations that

some licensee contractors or subcontractors have certified individuals as

satisfactorily meeting the licensee's requirements for background investiga- tions without completing all required residence, employment, education, or

reference checks. One contractor certified to a licensee that an employee was

suitable for unescorted site access before receiving a response to an investi- gative inquiry initiated in accordance with the licensee's approved security

plan. The contractor subsequently received derogatory information in response

to the inquiry that would have led to the denial of access but did not act upon

the information. The licensee discovered the information when reviewing the

contractor's screening files and immediately suspended the employee's unescorted

access. The access was later withdrawn because of the information. This event

and similar problems in the past have prompted the licensee to require copies

of all contractor and subcontractor background investigations and to perform

the adjudication reviews to determine access suitability instead of accepting

the contractors' or subcontractors' determinations. Similar screening problems

have prompted other licensees to require copies of all derogatory information

developed from background investigations conducted by their contractors or

subcontractors.

91* 10114

IN 91-59 September 23, 1991 The NRC has also recently received numerous reports concerning licensee con- tractors or subcontractors who have provided false certification regarding the

length of time individuals had been employed.

In one case, a union business

agent (BA) certified to a licensee that certain individuals had been members of

the union for 3 years and, to the best of the BA's knowledge, had shown no

adverse character traits.

The certification qualified the individuals for an

exemption from background screening requirements as set forth in the licensee's

approved security plan because of the BA's personal knowledge of the individ- uals resulting from the length of union membership.

The licensee subsequently

discovered that the BA had falsified the certification.

None of the individuals

had been members of the union for 3 years, and in fact, were not even members

of the BA's union local.

Licensees identified some of these problems when auditing contractor or sub- contractor programs.

One effective audit technique used was telephone contact

with the applicant's previous employers and references to verify information

supplied by the contractor or subcontractor doing the screening.

In addition to receiving reports of problems with background investigations, the

NRC has received allegations that some licensee contractors and subcontractors

have improperly administered or deliberately compromised psychological tests, or have falsified the results of such tests.

Some of the allegations were

similar to cases discussed in IN 88-91, "Improper Administration and Control of

Psychological Tests," in that individuals allegedly completed tests in unproc- tored settings.

In one case, an individual allegedly took a psychological test

for employment at a nuclear facility in a motel room in which someone called

out the "correct" answers to produce the desired profile.

It was also alleged

that some falsification of test results occurred because contractors exerted

pressure on subcontractors to have certain numbers of craft workers certified

as acceptable by certain dates for licensees during reactor outages.

Discussion

The NRC has issued IE Circular 78-17, "Inadequate Guard Training/Qualification

and Falsified Training Records," October 13, 1978; IE Circular 79-03, "Inade- quate Guard Training/Qualification and Falsified Records," February 23, 1979;

Information Notice (IN) 82-07, "Inadequate Security Screening Programs,"

March 16, 1982; IN 83-15, "Falsified Pre-Employment Screening Records,"

March 23, 1983; IN 87-64, "Conviction for Falsification of Security Training

Records," December 22, 1987; IN 88-26, "Falsified Pre-Employment Screening

Records," May 16, 1988; and IN 88-91, "Improper Administration and Control

of Psychological Tests," November 22, 1988.

These documents alerted addressees

IN 91-59 September 23, 1991 to the possibility that contractors might submit falsified records to meet

licensees' commitments to the NRC, identified weaknesses in the administration

and control of psychological tests used in personnel screening programs, and

reminded licensees of the importance of adequate program audits.

On April 25, 1991, the NRC published Section 73.56 of Title 10 of the Code

of Federal Regulations (10 CFR 73.56), "Personnel Access Authorization

Requirements for Nuclear Power Plants" (Access Authorization Rule) to provide

increased assurance that individuals granted unescorted access to protected

and vital areas are trustworthy and reliable and do not pose a threat to

commit radiological sabotage.

Under the provisions of 10 CFR 73.56(a)(4),

licensees may accept an access authorization program, or part of a program, used by its contractors or vendors for their employees provided it meets the

rule requirements. Clear specification of screening requirements in the work

contract is an effective method to safeguard against inadequate access

authorization programs. Under the provisions of 10 CFR 73.56(g)(2), each

licensee who accepts the access authorization program of a contractor or

vendor must audit the program every 12 months to ensure that the requirements

of the Access Authorization Rule, as specified in their approved security

plan, are met.

Some licensees have committed to ensuring nuclear security

expertise on their audit and assessment teams.

Failure to ensure that a proper access authorization program is conducted

could compromise nuclear safety. The NRC can take enforcement action in cases

in which licensees fail, whether intentionally or unintentionally, to meet

security program plan commitments regarding their access authorization program.

Furthermore, intentional violations may subject corporations, the individual

wrongdoer, and others who knew and condoned such acts to criminal prosecution.

In IN 85-97, "Jail Term For Former Contractor Employee Who

Intent

ionally

Falsified Welding Inspection Records," IN 86-54, "Criminal Prosecution of a

Former Radiation Safety Officer Who Willfully Directed an Unqualified Indivi- dual to Perform Radiography," and IN 87-64, "Conviction For Falsification of

Security Training Records," the NRC stated that the criminal sanctions avail- able may include a fine and/or imprisonment.

On August 15, 1991, a final rule was published regarding misconduct by

unlicensed persons (56 FR 40684). This rule amended the Commission's

regulations "to put on notice all persons whose actions relate to a

licensee's activities subject to NRC regulation, that they may be subject

to civil enforcement action for deliberate misconduct" that causes the

licensee to be in violation. Periodically informing contractors, sub- contractors, and vendors that they may be subject to criminal prosecution

for intentional wrongdoing may also be a deterrent against deliberate

compromise of background screening programs.

IN 91-59 September 23, 1991 This information notice requires no specific action or written response. If

you have any questions about the information in this notice, please contact the

technical contact listed below or the appropriate Office of Nuclear Reactor

Regulation project manager.

har es E.

l's1, Director

Division of Operational Events Assessment

Office of Nuclear Reactor Regulation

Technical contact:

Nancy Ervin, NRR

(301) 492-0946 Attachment:

List of Recently Issued NRC Information Notices

Attachment

IN 91-59

September 23, 1991 LIST OF RECENTLY ISSUED

NRC INFORMATION NOTICES

Information

Date of

Notice No.

Subject

Issuance

Issued to

91-58

91-57

91-56

91-55

Dependency of Offset

Disc Butterfly Valve's

Operation on Orientation

with Respect to Flow

Operational Experience

on Bus Transfers

Potential Radioactive

Leakage to Tank Vented

to Atmosphere

Failures Caused by An

Improperly Adjusted Test

Link In 4.16 KV General

Electric Switchgear

Failures of Undervoltage

Output Circuit Boards In

the Westinghouse-Designed

Solid State Protection

System

Foreign Experience Regard- ing Boron Dilution

Pressurizer Safety Valve

Lift Setpoint Shift

Failure of Remote Shutdown

System Instrumentation

Because of Incorrectly

Installed Components

09/20/91

All holders of OLs or CPs

for nuclear power reactors.

09/19/91

All holders of OLs or CPs

for nuclear power reactors.

09/19/91

All holders of OLs or CPs

for nuclear power reactors.

09/16/91

All holders of OLs or CPs

for nuclear power reactors.

09/10/91

All holders of OLs or CPs for

Westinghouse (W)-designed

nuclear power reactors.

09/06/91

All holders of OLs or CPs

for pressurized water

reactors (PWRs).

09/05/91

All holders of OLs or CPs

for nuclear power reactors.

09/04/91

All holders of OLs or CPs

for nuclear power reactors.

85-18, Supp. 1

91-54

89-90,

Supp. 2

91-53 OL = Operating License

CP = Construction Permit

I

'_ _

IN 91-59 September 23, 1991 This information notice requires no specific action or written response. If

you have any questions about the information in this notice, please contact the

technical contact listed below or the appropriate Office' of Nuclear Reactor

Regulation project manager.

Original Signed Fiy

Charles qrkbftf9Sdirector

Division of Operational Events Assessment

Office of Nuclear Reactor Regulation

Technical contact:

Nancy Ervin, NRR

(301) 492-0946 Attachment:

List of Recently

Issued NRC Information Notices

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IN 91-XX

August XX, 1991 This information notice requires no specific action or written response. If

you have any questions about the information in this notice, please contact the

technical contact listed below or the appropriate Office of Nuclear Reactor

Regulation project manager.

Charles E. Rossi, Director

Division of Operational Events Assessment

Office of Nuclear Reactor Regulation

Technical Contact:

Nancy Ervin, NRR

(301) 492-0946 Attachment:

List of Recently Issued NRC Information Notices

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Document Name: IN 91XX

IN 91-XX

August XX, 1991 logical sabotage. Under the provisions of 10 CFR 73.56(a)(4), licensees may

accept an access authorization program, or part of a program, used by its con- tractors or vendors for their employees provided it meets the rule requirements.

Clear specification of screening requirements in the work contract is an

effective method to safeguard against inadequate access authorization programs.

Under the provisions of 10 CFR 73.56(g)(2), each licensee who accepts the access

authorization program of a contractor or vendor must audit the program every

12 months to ensure that the requirments. of the Access Authorization rule, as

specified in their approved security plan, are met.

Some licensees have com- mitted to ensuring nuclear security expertise on their audit and assessment teams.

Failure to ensure that a proper access authorization program is conducted could

compromise nuclear safety. The NRC can take enforcement action in cases in

which licensees fail, whether intentionally or unintentionally, to meet security

program plan commitments regarding their access authorization program. Further- more, intentional violations may subject corporations, the individual wrongdoer, and others who knew and condoned such acts to criminal prosecution. In

IN 85-97, "Jail Term For Former Contractor Employee Who

Intent

ionally Falsified

Welding Inspection Records," IN 86-54, "Criminal Prosecution of a Former

Radiation Safety Officer Who Willfully Directed an Unqualified Individual to

Perform Radiography," and IN 87-64, "Conviction For Falsification of Security

Training Records," the NRC stated that the criminal sanctions available may

include a fine and/or imprisonment.

Periodically informing contractors, subcontractors, and vendors that they may

be subject to criminal prosecution for intentional wrongdoing may be a deterrent

against deliberate compromise of background screening programs.

No specific action or written response is required by this information notice.

If you have any questions about this matter, please contact the technical

contact listed below or the appropriate regional office.

Charles E. Rossi, Director

Division of Operational Events Assessment

Office of Nuclear Reactor Regulation

Technical Contact:

Nancy Ervin, NRR

(301) 492-0946 Attachment: List of Recently Issued NRC Information Notices

Distribution:

See next page

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OFFICIAL RECORD COPY

Document Name: IN 91XX

IN 91-XX

August XX, 1991 logical sabotage. Under the provisions of 10 CFR 73.56(a)(4), licensees may

accept an access authorization program, or part of a program, used by its con- tractors or vendors for their employees provided it meets the rule requirements.

Clear specification of screening requirements in the work contract is an

effective method to safeguard against inadequate access authorization programs.

Under the provisions of 10 CFR 73.56(g)(2), each licensee who accepts the access

authorization program of a contractor or vendor must audit the program every

12 months to ensure that the requirments of the Access Authorization rule, as

specified in their approved security plan, are met.

Some licensees have com- mitted to ensuring nuclear security expertise on their audit and assessment teams.

Failure to ensure that a proper access author iation program is conducted could

compromise ny

he NRC k Aefenforcement action in cases in

which licensees iase

fai

to meet security program plan commitments regarding

thefr access authorizati

program because ef inattention to detail, human error, or other unintentional acts.

yiolations caused by intentional4-tes may subject

corporations, the individual irongdoer, and others who knew and condoned such

acts to criminal prosecution. In IN 85-97, "Jail Term For Former Contractor

Employee Who

Intent

ionally Fal ified Welding Inspection Records," IN 86-54,

"Criminal Prosecution of a For er Radiation Safety Officer Who Willfully Directed

an Unqualified Individual to Pe form Radiography," and IN 87-64, "Conviction For

Falsification of Security Train g Records," the NRC stated that the criminal

sanctions available may include

fine and/or imprisonment.

Periodically informing contractors subcontractors, and vendors that they may

be subject to criminal prosecution or intentional wrongdoing may be a deterrent

against deliberate compromise of ba ground screening programs.

No specific action or written respons is required by this information notice.

If you have any questions about this m tter, please contact the technical

contact listed below or the appropriate egional office.

Cha les E. Rossi, Director

\\ A4I

Divi ion of Operational Events Assessment

Offic of Nuclear Reactor Regulation

Technical Contact:

Nancy rvin, NRR

(301) 492-0946 Attachment: List of Recently Issued NRC Information Notices

Distribution:

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April XX, 1991 Records," 86-54, Criminal Prosecution of a Former Radiation Safety Officer

Who Willfully Directed an Unqualified Individual to Perform Radiography,"

and 87-64, "Conviction For Falsification of Security Training Records," the

NRC stated that the criminal sanctions available may include a fine and/or

imprisonment. Periodically informing contractors, subcontractors, and vendors

that they may be subject to criminal prosecution for intentional wrongdoing

may be an effective deterrent against deliberate compromise of background

screening programs.

No specific action or written response is required by

this information notice. If you have any questions about this matter, please

contact the technical contact listed below or the Regional Administrator of

the appropriate regional office.

Charles E. Rossi, Director

Division of Operational Events Assessment

Office of Nuclear Reactor Regulation

Technical Contact:

Nancy Ervin, NRR

(301) 492-0946 Attachment: List of Recently Issued NRC Information Notices

Distribution:

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5/ /91 OFFICIAL RECOLR COPY

Document Name: IN 91XX 2

IN 91-XX

August XX, 1991 No specific action or written response is required by this information notice.

If you have any questions about this matter, please contact the technical

contact listed below or the appropriate regional office.

Charles E. Rossi, Director

Division of Operational Events Assessment

Office of Nuclear Reactor Regulation

Technical Contact:

Nancy Ervin, NRR

(301) 492-0946 Attachment: List of Recently Issued NRC Information Notices

Distribution:

Central Files

PDR

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DRIS r/f

JGPartlow

WRussell

CBerlinger

JLieberman

RFonner

BKGrimes

PMcKee

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NEErvin

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