ML072900525
| ML072900525 | |
| Person / Time | |
|---|---|
| Site: | Peach Bottom  |
| Issue date: | 11/13/2007 |
| From: | Zimmerman R Office of Nuclear Security and Incident Response |
| To: | Lochbaum D Union of Concerned Scientists |
| Costa, Rick, 415-6676, DSO/RSOB | |
| References | |
| NSIR-07-0462 | |
| Download: ML072900525 (4) | |
Text
November 13, 2007 David Lochbaum Director, Nuclear Safety Project Union of Concerned Scientists 1707 H Street, N.W., Suite 600 Washington, DC 20006-3962
Dear Mr. Lochbaum:
On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to your letter of October 9, 2007, regarding your concerns following a series of investigative reports by WCBS in New York involving video of inattentive security officers at the Peach Bottom Atomic Power Station in eastern Pennsylvania. Additionally, we discussed your concerns during our phone conversation on October 12, 2007 and there was much discussion on this issue at the public meeting held on November 8, 2007. This letter describes the actions the NRC has taken to date in response to the inattentive security officers at Peach Bottom.
When the NRC became aware of the inattentiveness information in late September 2007, immediate steps were taken to obtain additional details including viewing the videos. Shortly thereafter, Region I chartered and dispatched to the site, an Augmented Inspection Team (AIT) to collect, analyze, and document factual information and evidence to determine the causes, conditions, and circumstances pertaining to this issue. The AIT was comprised of Region I staff and an NRC Headquarters security specialist from the Office of Nuclear Security and Incident Response (NSIR). Additionally, special agents from the Office of Investigations assisted in the fact-finding effort during the interview process. The team coordinated their efforts very closely with senior NRC managers and technical staff from NSIR and the Office of Nuclear Reactor Regulation who have expertise in security requirements and programs, worker fatigue, behavioral observation, and fitness-for-duty programs.
The NRC AIT conducted a public exit meeting on October 9, 2007, to discuss the security issues at Peach Bottom. We conducted a follow-up inspection last week to review and assess Exelons corrective actions, including its implementation of the security force transition from Wackenhut to a proprietary force. Any apparent violations discovered during this inspection will be considered for enforcement actions following completion of the NRC review.
In your letter you raised some concerns with the NRC Region I offices handling of the March 2007 allegation of inattentive security officers at Peach Bottom. In response to questions from Region I regarding this allegation, the licensee reviewed records of reported concerns, and interviewed security management and security personnel. Based on the results of these actions, the licensee concluded that the previous allegation and other concerns could not be substantiated. After reviewing the licensee response, Region I contacted Peach Bottom security management to obtain additional information related to the reported concerns. As provided by our process, the Region I review of the licensees responses found them to be reasonable with supported conclusions. Your concerns regarding the actions of Region I
D. Lochbaum handling of the allegation for inattentive security officers at Peach Bottom have been referred to the NRCs Office of the Inspector General. In addition, the staff is reviewing its allegation review process to identify areas for improvement.
I want to assure you that security at nuclear power plants is of the utmost importance to the NRC.
As such, the ongoing NRC inspection and investigation of inattentiveness issues at Peach Bottom will be thorough and comprehensive. Nuclear plant security does not rely on any one individual or group. Rather, it is based on overlapping and integrated defensive strategies. As you know, the Commission has affirmed a final rulemaking revision to 10 CFR Part 26, Fitness for Duty, which the staff expects to publish in the Federal Register in March 2008. Included in this rule are requirements to further limit security officer work hours, and increase protections for officers who report they are too tired to work. These changes will strengthen that defense. Security officers must be immediately ready to respond and we will not hesitate to sanction licensees and their contractors for any issues that weaken defensive capabilities at nuclear facilities.
In response to the incidents at Peach Bottom, NSIR issued a Security Advisory (SA-07-06) on September 27, 2007, to NRC licensees. The SA emphasized that licensees should have effective processes and procedures in place to ensure that individuals who are performing specific security duties in accordance with NRC regulations, Orders, and the licensees NRC-approved security plans are attentive to those duties. Additionally, NRC Resident Inspectors at the sites are conducting random, unannounced checks of ready rooms and security posts.
The NRC has a long-standing goal of openness and enhancing public confidence in our processes by providing access to the information used to make regulatory decisions. In the aftermath of September 11, 2001, restrictions were placed on the dissemination of sensitive security-related information outside the agency in an effort to preclude the release of information useful to potential adversaries. However, in April 2006, the Commission approved the staffs recommendation to issue guidance on making the cover letter to security inspection reports publicly available. The guidance was incorporated into Inspection Manual Chapter 0612, Reactor Inspection Reports in June 2006.
In March 2007, the Commission approved the staff's recommendation to revise the guidance for handling security-related allegation closure correspondence as addressed in SECY-07-0032, "Recommended Staff Actions Regarding Correspondence With Allegers Involving Security-Related Concerns," which is publicly available. The NRC restrictions imposed after 9/11 made it difficult for the staff to assure allegers that their concerns have been addressed, and a number of allegers have expressed dissatisfaction with the NRCs limited response. Some, such as the allegers for Shearon Harris and South Texas Project, in an effort to obtain a satisfactory response, chose to pursue their concerns publicly by engaging elected officials and public interest groups and disseminating their concerns via public web sites or media outlets. The guidance in SECY-07-0032 enables the staff to be more responsive to an alleger while continuing to protect any information that could be used by an adversary to exploit a potential security vulnerability.
D. Lochbaum The NRC's Office of Enforcement has also engaged in outreach activities with industry groups such as Employee Concerns Managers on the details of correspondence with allegers involving security-related concerns.
However, we plan to act upon your suggestion to issue a generic communication to further enhance our outreach to the security officers who play such a critical role in protecting our nation.
If you have any additional questions or comments, please contact me.
Sincerely,
/RA/ by W. Dean for Roy P. Zimmerman, Director Office of Nuclear Security and Incident Response
D. Lochbaum The NRC's Office of Enforcement has also engaged in outreach activities with industry groups such as Employee Concerns Managers on the details of correspondence with allegers involving security-related concerns.
However, we plan to act upon your suggestion to issue a generic communication to further enhance our outreach to the security officers who play such a critical role in protecting our nation.
If you have any additional questions or comments, please contact me.
Sincerely,
/RA/ by W. Dean for Roy P. Zimmerman, Director Office of Nuclear Security and Incident Response Distribution:
RIDSNSIRMAILCENTER NSIR-07-0462 ML072900525 OFC NSIR NSIR NSIR OE OGC NSIR NAME FPeduzzi RCorreia DDorman CCarpenter JGoldberg RZimmerman (RCostello for) (MBurrell for) (JZorn for) NLO (WDean for)
DATE 10/17/07 10/18/07 10/23/07 10/18/07 10/22/07 11/13/07