ML032600610

EA-03-138, EA-03-139, EA-03-140 Arizona Public Service Company, NRC Investigation Report Nos. 4-2003-011, -015 & -026

ML032600610
Person / Time
Site:	Palo Verde
Issue date:	09/17/2003
From:	Gwynn T NRC Region 4
To:	Overbeck G Arizona Public Service Co
References
4-2003-011, 4-2003-015, 4-2003-026, EA-03-138, EA-03-139, EA-03-140
Download: ML032600610 (6)

Text

September 17, 2003 EA-03-138 EA-03-139 EA-03-140 Gregg R. Overbeck, Senior Vice President, Nuclear Arizona Public Service Company P.O. Box 52034 Phoenix, Arizona 85072-2034

SUBJECT:

NRC INVESTIGATION REPORT NOS. 4-2003-011, -015 & -026

Dear Mr. Overbeck:

This refers to investigation reports issued by the NRCs Office of Investigations (OI) in response to Arizona Public Service (APS) informing the NRC of possible misconduct by three employees of the Palo Verde Nuclear Generating Station. In each case, APS informed the NRC that employees had come forward and admitted that they had failed to follow procedures that required them to report arrests. Specifically, in February and March of 2003, a security officer, an auxiliary operator, and a maintenance services employee admitted to having been arrested for driving under the influence of alcohol (DUI) anywhere from 3 to 6 years earlier and had failed to report this information as required by PVNGS procedures. The NRC has reviewed the information compiled by APS and documented by OI and determined that the individuals willfully failed to make the required reports.

The actions of these individuals caused APS to be in violation of its access authorization procedures. PVNGS procedure 20DP-OSK40, PVNGS Access Screening and Badge Processing, Revision 13, Section 3.8.3, states, in part, Each individual granted unescorted access to PVNGS ... . shall promptly notify the Access Authorization Section Leader and their immediate leader/designee in the event that he/she is arrested or charged with any misdemeanor or felony.

Based on the results of these investigations, the NRC has determined that a willful violation of NRC requirements occurred, consisting of three examples. This violation is being treated as a Non-Cited Violation (NCV), consistent with Section VI.A of the Enforcement Policy. Specifically, although willfulness was involved, APS identified each of the examples of the violation and voluntarily provided this information to the NRC. In addition, the examples involved the isolated actions of the employees without management involvement, involved non-managerial personnel, and resulted in APS taking appropriate remedial and corrective action. APS initially revoked the individuals access to the facility and placed them on administrative leave. Each of the individuals appealed their access revocations, and was reauthorized access to the facility following reconsideration of the circumstances, including the fact that each had voluntarily

Arizona Public Service Company reported this information. APS documented its actions in Condition Report/Deficiency Report Nos. 2590311, 2590656, and 2593279.

If you contest the violation or significance of this NCV, you should provide a response within 30 days of the date of this letter, with the basis for your denial, to the Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington DC 20555-0001, with copies to the Regional Administrator, Region IV, the Director, Office of Enforcement, United States Nuclear Regulatory Commission, Washington, DC 20555-0001, and the NRC Resident Inspector at PVNGS.

In accordance with 10 CFR 2.790 of the NRCs "Rules of Practice," a copy of this letter, and any response you submit will be made available electronically for public inspection in the NRC Public Document Room or from the NRCs document system (ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. To the extent possible, any response you submit should not include any personal privacy, proprietary, or safeguards information so that it can be made available to the Public without redaction.

Please contact Gary Sanborn of my staff at 817-860-8222 should you have any questions.

Sincerely,

/RA/

Thomas P. Gwynn Acting Regional Administrator Dockets: 50-528 50-529 50-530 Licenses: NPF-41 NPF-51 NPF-74 cc:

Steve Olea Arizona Corporation Commission 1200 W. Washington Street Phoenix, Arizona 85007 Douglas K. Porter, Senior Counsel Southern California Edison Company Law Department, Generation Resources P.O. Box 800 Rosemead, California 91770

Arizona Public Service Company Chairman Maricopa County Board of Supervisors 301 W. Jefferson, 10th Floor Phoenix, Arizona 85003 Aubrey V. Godwin, Director Arizona Radiation Regulatory Agency 4814 South 40 Street Phoenix, Arizona 85040 Craig K. Seaman, Director Regulatory Affairs/Nuclear Assurance Palo Verde Nuclear Generating Station Mail Station 7636 P.O. Box 52034 Phoenix, Arizona 85072-2034 Hector R. Puente Vice President, Power Generation El Paso Electric Company 2702 N. Third Street, Suite 3040 Phoenix, Arizona 85004 Terry Bassham, Esq.

General Counsel El Paso Electric Company 123 W. Mills El Paso, Texas 79901 John W. Schumann Los Angeles Department of Water & Power Southern California Public Power Authority P.O. Box 51111, Room 1255-C Los Angeles, California 90051-0100 John Taylor Public Service Company of New Mexico 2401 Aztec NE, MS Z110 Albuquerque, New Mexico 87107-4224 Cheryl Adams Southern California Edison Company 5000 Pacific Coast Hwy. Bldg. DIN San Clemente, California 92672

Arizona Public Service Company Robert Henry Salt River Project 6504 East Thomas Road Scottsdale, Arizona 85251 Brian Almon Public Utility Commission William B. Travis Building P.O. Box 13326 1701 North Congress Avenue Austin, Texas 78701-3326

Arizona Public Service Company Electronic distribution by RIV:

Acting Regional Administrator (TPG)

DRP Director (ATH)

Acting DRS Director (GMG)

Senior Resident Inspector (NLS)

Branch Chief, DRP/D (LJS)

Branch Chief, DRS/PSB (TWP)

HP, DRS/PSB (DRC)

Senior Project Engineer, DRP/D (JAC)

Staff Chief, DRP/TSS (PHH)

RITS Coordinator (NBH)

J. Clark (JAC), OEDO RIV Coordinator J. Dixon-Herrity, OE (JLD)

OEMAIL G. Sanborn, ACES (GFS)

R4ALLEGE J. Armenta, OI (JXA)

ADAMS: U Yes

• No Initials: GFS U Publicly Available

• Non-Publicly Available

• Sensitive U Non-Sensitive C:\ORPCheckout\FileNET\ML032600610.WPD D:ACES C:PSB D:DRS C:DRP/D D:OE SANBORN PRUETT GOOD L. SMITH CONGEL

/RA/ /GPick Actg for/ /RA/ /RAzua Actg for/ /JDixon-Herrity Actg for/

9/14/2003 9/15/2003 9/15/2003 9/16/2003 9/15/2003 DRA RA CHAMBERLAIN GWYNN

/RA/ /RA/

9/16/2003 9/17/2003 OFFICIAL RECORD COPY T=Telephone E=E-mail F=Fax