ML021120143

LER 02-01-00 for Oconee Nuclear Station Unit 1 Re Security Access Revoked for Falsification of Criminal Record

ML021120143
Person / Time
Site:	Oconee
Issue date:	04/09/2002
From:	Mccollum W Duke Energy Corp
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
O-02-1301 LER-02-01-00
Download: ML021120143 (7)

Text

M Duke Duke Energy Oconee Nuclear Station WEnergy. 7800 Rochester Highway Seneca, SC 29672 (864) 885-3107 OFFICE W. R. McCollum, Jr. (864) 885-3564 FAX Vice President April 9, 2002 U.S. Nuclear Regulatory Commission Document Control Desk Washington, D.C. 20555

Subject:

Oconee Nuclear Station Docket Nos. 50-269,-270, -287 Licensee Event Report 269/2002-SO1, Revision 0 Problem Investigation Process No.: 0-02-1301 Gentlemen:

Pursuant to 10 CFR 73.71 Sections (b) (1) and Appendix G (I) (b), attached is a Security Special Report 269/2002 S01, concerning the falsification of pre-employment screening records by a contract employee.

This report is being submitted in accordance with 10 CFR 73.71 and Appendix G (I) (b). This event is considered to be of no significance with respect to the health and safety of the public.

Very truly yours, W. R. McCollum, Attachment

Document Control Desk Date: April 9, 2002 Page 2 cc: Mr. Luis A. Reyes Administrator, Region II U.S. Nuclear Regulatory Commission 61 Forsyth Street, S. W., Suite 23T85 Atlanta, GA 30303 Mr. L. N. Olshan Project Manager U.S. Nuclear Regulatory Commission Office of Nuclear Reactor Regulation Washington, D.C. 20555 Mr. Scott Freeman Acting NRC Senior Resident Inspector Oconee Nuclear Station INPO (via E-mail)

NRC FORM 366 U.S. NUCLEAR REGULATORY APPROVED BY OMB NO. 3150-0104 EXPIRES 7-31-2004 (7-2001) COMMISSION Estimated burden per response to comply with this mandatory information collection request: 50 hours5.787037e-4 days <br />0.0139 hours <br />8.267196e-5 weeks <br />1.9025e-5 months <br />. Reported lessons learned are incorporated into the licensing process and fed back to industry. Send comments regarding burden estimate to the Records LICENSEE EVENT REPORT (LER) Management Branch (T-6 E6), U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, or by internet e-mail to bjsl @nrc.gov, and to the Desk Officer, Office of for required number of (Sereverse Information and Regulatory Affairs, NEOB-10202 (3150-0104), Office of Management and (See/revers for each blof Budget, Washington, DC 20503. If a means used to impose information collection does digits/characters for each block) not display a currently valid OMB control number, the NRC may not conduct or sponsor,

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1. FACILITY NAME 2. DOCKET NUMBER 3. PAGE Oconee Nuclear Station, Unit 1 050- 0269 1 OF 5

4. TITLE Security Access Revoked For Falsification of Criminal Record

5. EVENT DATE 6. LER NUMBER 7. REPORT DATE 8. OTHER FACILITIES INVOLVED SEQUENTIAL IRFACILITY SEUNILREV NAME DOCKET NUMBER MO DAY YEAR YEAR NUMBER NO MO DAY YEAR Unit 2 0270 FACILITY NAME DOCKET NUMBER 03 20 2002 2002 -SO1 - 0 04 09 2002 Unit 3 0287

9. OPERATING 11. THIS REPORT IS SUBMITTED PURSUANT TO THE REQUIREMENTS OF 10 CFR §: (Check all that apply)

MODE 1 =20.2201(b) 20.2203(a)(3)(ii) 50.73(a)(2)(ii)(B) 50.73(a)(2)(ix)(A)

10. POWER 20.2201(d) 20.2203(a)(4) 50.73(a)(2)(iii) 50.73(a)(2)(x)

LEVEL 100 20.2203(a)(1) 50.36(c)(1)(i)(A) 50.73(a)(2)(iv)(A) 73.71 (a) (4) 20.2203(a)(2)(i) 50.36(c)(1)(ii)(A) 50.73(a)(2)(v)(A) 73.71(a)(5) 20.2203(a)(2)(ii) 50.36(c)(2) 50.73(a)(2)(v)(B) X OTHER 20.2203(a)(2)(iii) 50.46(a)(3)(ii) 50.73(a)(2)(v)(C) Specify in Abstract below or in NRC Form 366A 20.2203(a)(2)(iv) 50.73(a)(2)(i)(A) 50.73(a)(2)(v)(O) 20.2203(a)(2)(v) 50.73(a)(2)(i)(B) __50.73(a)(2)vii) ~ j - ~

20.2203(a)(2)(vi) _50.73(a)(2)(i)(C) 50.73(a)(2)viii)(A 20.2203(a)(3)(i) 50.73(a)(2)(ii)(A) 50.73(a)(2)(viii (B)

12. LICENSEE CONTACT FOR THIS LER NAME TELEPHONE NUMBER (Include Area Code)

LE. Nicholson, Regulatory Compliance Manager (864) 885-3292

13. COMPLETE ONE LINE FOR EACH COMPONENT FAILURE DESCRIBED IN THIS REPORT CAUSE SYSTEM COMPONENT MANU-FACTURER REPORTABLE TO EPIX I CAUSE SYSTEM COMPONENT MANU-FA CTURER REPORTABLE TO EPIX

14. SUPPLEMENTAL REPORT EXPECTED 15. EXPECTED MONTH DAY YEAR

] SUBMISSION YES if yes, complete EXPECTED SUBMISSION DATE). X NO DATE

16. ABSTRACT (Limit to 1400 spaces, i.e., approximately 15 single-spaced typewritten lines)

On 3/20/2002 at approximately 1348 hours0.0156 days <br />0.374 hours <br />0.00223 weeks <br />5.12914e-4 months <br />, with Unit 1, 2 and 3 at 100%

power, the licensee received information from a FBI criminal history check that a contract employee had a prior criminal record that was not disclosed by the individual on the background investigation questionnaire. The contract employee had been granted temporary unescorted access on 03/18/2002 in accordance with 10 CFR 73.56. The contract employee's unescorted access to the protected and vital areas was restricted on 03/20/2002 at 1404 hours0.0163 days <br />0.39 hours <br />0.00232 weeks <br />5.34222e-4 months <br /> and the employee was removed from the protected area. Further investigation completed on 03/20/2002 at 1433 hours0.0166 days <br />0.398 hours <br />0.00237 weeks <br />5.452565e-4 months <br /> disclosed that the contract employee had intentionally failed to report criminal offenses on the pre-employment screening record. The intentional falsification does not appear to be due to any malicious intent with respect to the health and safety of the public.

Unescorted access was terminated for the contract employee upon determination of unreliability on 03/20/2002 at 1435 hours0.0166 days <br />0.399 hours <br />0.00237 weeks <br />5.460175e-4 months <br />. This event is considered to have no significance with respect to the health and safety of the public.

NRC FORM 366 (7-2001)

NRC PORM 366A U.S. NUCLEAR REGULATORY COMMISSION (1-2001)

LICENSEE EVENT REPORT (LER)

DOCKET (2)

FACILITY NAME (1) NUMBER (2) LER NUMBER (6) PAGE (3) 1SEQUENTIAL REVISION YEAR NUMBER NUMBER Oconee Nuclear Station, Unit 1 0500269 2002 - Sol 0 2 OF 5 NARRATIVE (If more space is required, use additionalcopies of NRC Form 366A) (17)

EVALUATION:

Background

Personnel access authorization activities for the Oconee Nuclear Station are performed by Duke Energy Access Services located in Charlotte, North Carolina. Duke's Nuclear Access Authorization Program consists of a background investigation, psychological evaluation, and continual behavior observation. As part of the background investigation, a Background Investigation Questionnaire must be completed by the individual applying for an unescorted access authorization. The Background Investigation Questionnaire requires the individual to list any criminal charges, any arrests and any convictions that have acquired since the individual's 18th birthday. In addition, the individual is fingerprinted and the fingerprints are submitted to the Federal Bureau of Investigation. A temporary unescorted access authorization may be granted to individuals on an interim basis, not exceeding a period of 180 continuous days pending the completion of the five year background investigation. This 180 day temporary unescorted access authorization may be granted only once per individual based upon satisfactory completion of the following conditions:

1. Identity verification through one photo identification.

2. Conduct a credit check.

3. Recommendation of one developed character reference who has had frequent and direct association with the applicant.

4. Conduct an employment check and suitable inquiry for the past 365 days.

5. Passing a psychological evaluation within the past 365 days.

6. Evidence that a request for fingerprint history has been submitted.

This temporary status will remain in effect until the five year background investigation and fingerprints results have been processed and reviewed favorably. Requirements for temporary unescorted access were met for the contract individual on 3/14/2002 and unescorted access was granted on 3/18/2002.

Upon receipt of a criminal history record, it is reviewed by Access Services to determine either to continue to grant or to deny further unescorted access. If the information in the criminal history record is not discovered during the unescorted access authorization process, a determination is made by the Access Services Group whether or not the NRC FORM 366A (1-2001)

NRC PORM 366A U.S. NUCLEAR REGULATORY COMMISSION (1-2001)

LICENSEE EVENT REPORT (LER)

DOCKET (2)

FACILITY NAME (1) NUMBER (2 LER NUMBER (6) PAGE (3) 1 SEQUENTIAL I REVISION YEAR NUMBER NUMBER Oconee Nuclear Station, Unit 1 0500269 2002 - S01 - 0 3 OF 5 NARRATIVE (If more space is required, use additionalcopies of NRC Form366A) (17) arrests/convictions adversely affect the reliability or trustworthiness of the individual. In circumstances where an individual's trustworthiness and reliability is questionable, unescorted access authorization is restricted/revoked.

Description of Event The following is a chronology of the security event reported by Oconee Nuclear Station to the NRC Operations Center via the Emergency Notification System at 1503 hours0.0174 days <br />0.418 hours <br />0.00249 weeks <br />5.718915e-4 months <br /> on 3/20/2002 (EN#38789).

03/18/2002 Individual was issued a security badge with Oconee Nuclear Station protected/vital area unescorted access.

03/20/2002 Individual's unescorted access restricted pending investigation concerning results of criminal history check.

Access was subsequently terminated.

Causal Factors The investigation of this event did not indicate any malevolent intent to harm plant equipment on the part of the contract employee. The contract employee failed to disclose all criminal offenses in order to gain unescorted access. The individual was authorized Vital Area Access to perform outage related work. The individual did access the Unit 1&2 Cable Room vital area of the plant on one occasion for less than four (4) minutes, during a pre-job orientation for pending work. During the time period that the individual was within the vital area he was accompanied by another employee who was authorized to the area and who had a full unescorted access clearance. During the time period the individual had unescorted access to the protected area, information from the individual's supervisor indicated that at no time did he display any form of aberrant behavior.

A review of Security computer transactions for the individual indicates that the Unit 1&2 Cable Room was the only vital area accessed.

A review of the authorization process concluded that all requirements and established processes were followed regarding the granting of temporary authorization of unescorted access.

The evaluation of the facts of this event leads to the conclusion, that the cause of this event was an inappropriate action of intentional NRC FORM 366A (1-2001)

NRC FORM 366A U.S. NUCLEAR REGULATORY COMMISSION (1-2001)

LICENSEE EVENT REPORT (LER)

DOCKET (2)

FACILITY NAME (1) NUMBER (2) LER NUMBER (6) PAGE (3) 1 SEQUENTIAL REVISION YEAR NUMBER NUMBER Oconee Nuclear Station, Unit 1 0500269 2002 Sol 0 4 OF 5 NARRATIVE (If more space is required, use additionalcopies of NRC Form 366A) (17) falsification of information. The willful falsification may have been motivated by a desire for employment.

CORRECTIVE ACTION:

Immediate:

Individual was escorted from the protected area and his unescorted access was restricted.

Subsequent:

1. Individual's unescorted access authorization was terminated in accordance with Duke Energy's Access Authorization Program.

2. Indicated unfavorable termination on individual's record in the Personnel Access Data System with additional data added to indicate that pertinent information should be obtained from Duke Energy before processing a request for access from this individual.

Planned:

NONE There are no NRC Commitment items contained in this report.

SAFETY EVALUATION:

There was no safety significance associated with this event as the investigation of this event did not indicate any malevolent intent on the part of the contract employee.

ADDITIONAL INFORMATION There were no releases of radioactive materials, no personnel injuries, and no reportable equipment failures associated with this event.

Licensee Event Reports 269/1999-S02, dated November 16, 1999, and 269/2001-SOI dated May 7, 2001, reported similar events where applicants for temporary employment failed to report prior offenses in order to gain employment. Therefore, this is a recurring event. Since the current event involved an intentional act by a different applicant, corrective NRC FORM 366A (1-2001)

NRC FORM 366A U.S. NUCLEAR REGULATORY COMMISSION (1-2001)

LICENSEE EVENT REPORT (LER)

DOCKET (2)

FACILITY NAME (1) NUMBER (2) LER NUMBER (6) PAGE (3)

SEQUENTIAL I REVISION YEAR NUMBER I NUMBER Oconee Nuclear Station, Unit 1 0500269 2002 - Sol 0 5 OF 5 NARRATIVE (If more space is required,use additionalcopies of NRC Form 366A) (17) actions from the previous events could not be expected to have prevented this event.

There were no releases of radioactive materials, radiation exposures or personnel injuries associated with this event.

This event is not considered reportable under the Equipment Performance and Information Exchange (EPIX) program.

NRC FORM 366A (1-2001)