ML073030233

NRC Office of Investigations Report No. 2-2006-013 - Turkey Point Nuclear Plant

ML073030233
Person / Time
Site:	Turkey Point
Issue date:	10/30/2007
From:	James Shea Division of Reactor Safety II
To:	Stall J Florida Power & Light Co
References
2-2006-013, EA-07-138, NUREG/BR-0317
Download: ML073030233 (13)

Text

FP&L 1 October 30, 2007 EA-07-138 Florida Power and Light Company ATTN: Mr. J. A. Stall, Senior Vice President Nuclear and Chief Nuclear Officer P. O. Box 14000 Juno Beach, FL 33408-0420

SUBJECT:

NRC OFFICE OF INVESTIGATIONS REPORT NO. 2-2006-013 - TURKEY POINT NUCLEAR PLANT

Dear Mr. Stall:

This refers to an investigation completed by the NRC=s Office of Investigations (OI) on December 13, 2006. The purpose of the investigation was to determine if security officers employed with The Wackenhut Corporation (Wackenhut) at the Turkey Point Nuclear Plant (Turkey Point) were willfully inattentive to duty (sleeping) during 2004 -2006. Enclosure 1 contains a factual summary of the OI investigation.

Based on the results of the OI investigation, apparent violations of NRC requirements were identified and are being considered for escalated enforcement action in accordance with the NRC Enforcement Policy. The apparent violations involve the actions of multiple security officers employed by Wackenhut Corporation at Florida Power and Light Company s Turkey Point Nuclear Plant in 2004-2006. In this case, the investigation substantiated that security officers were willfully inattentive to duty, or served as lookouts such that other security officers could be inattentive while on duty. These actions caused Florida Power and Light to be in apparent violation of 10 CFR 73.55(f)(1) because the security officers were not capable of maintaining continuous communication with an individual in each continuously manned alarm station.

Before the NRC makes its enforcement decision, we are providing you an opportunity to either:

(1) respond to the apparent violations within 30 days of the date of this letter or (2) request a predecisional enforcement conference. If a conference is held, it will be closed to public observation in accordance with the NRC Enforcement Policy because the findings are based on an NRC Office of Investigations report that has not been publicly disclosed. Please contact Mr.

Joel T. Munday, Chief, Plant Support Branch 2, Division of Reactor Safety, at (404) 562-4560, within 10 days of the date of this letter to notify the NRC of your intended response.

If you choose to request a predecisional enforcement conference, please be prepared to discuss the corrective actions you have taken to correct these inattentiveness issues and prevent recurrence.

FP&L 2 If you choose to provide a written response, it should clearly be marked as a AResponse to Apparent Violation EA-07-138" and should include: (1) the reason for the apparent violations, or, if contested, the basis for disputing the apparent violations; (2) the corrective steps that have been taken and the results achieved; (3) the corrective steps that will be taken to avoid further violations; and (4) the date when full compliance will be achieved. In presenting your corrective actions, you should be aware that the promptness and comprehensiveness of your corrective actions will be considered in assessing any civil penalty for the apparent violations. Your response should be submitted under oath or affirmation and it may reference or include previously docketed correspondence, if the correspondence adequately addresses the required response. If an adequate response is not received within the time specified or an extension of time has not been granted by the NRC, the NRC will proceed with its enforcement decision.

In lieu of a predecisional enforcement conference, you may also request Alternative Dispute Resolution (ADR) with the NRC in an attempt to resolve this issue. Alternative Dispute Resolution is a general term encompassing various techniques for resolving conflicts outside of court using a neutral third party. The technique that the NRC has decided to employ is mediation. Additional information concerning the NRC's program is described in the enclosed brochure (NUREG/BR-0317) and can be obtained at http://www.nrc.gov/about-nrc/regulatory/enforcement/adr.html. The Institute on Conflict Resolution (ICR) at Cornell University has agreed to facilitate the NRC's program as a neutral third party. Please contact ICR at 877-733-9415 within 10 days of the date of this letter if you are interested in pursuing resolution of this issue through ADR.

Since the NRC has not made a final determination in this matter, no Notice of Violation is being issued for the investigative findings at this time. In accordance with 10 CFR 2.390 of the NRC's "Rules of Practice," a copy of this letter and enclosures, and your response, will be made available electronically for public inspection in the NRC Public Document Room or from the NRC s document system (ADAMS), accessible from the NRC Web site at www.nrc.gov/reading-rm/pdr.html www.nrc.gov/reading-rm/adams.html. To the extent possible, your response should not include any personal privacy, proprietary, or safeguards information so that it can be made available to the Public without redaction.

In addition, please be advised that the number and characterization of the apparent violations described in this letter may change as a result of further NRC review. If Safeguards Information is necessary to provide an acceptable response, please provide the level of protection described in 10 CFR 73.21.

FP&L 3

Should you have any questions concerning this letter, please contact me at (404)-562-4600 or Mr. Joel T. Munday at (404) 562-4560.

Sincerely,

/RA/

Joseph W. Shea, Director Division of Reactor Safety Docket No.: 50-250, 50-251 License No. DPR-31, DPR-41

Enclosures:

1. Factual Summary to OI Report No. 2-2006-013

2. NUREG/BR-0317 cc: Page 4

FP&L 4

cc w/encls:

William Jefferson Site Vice President Turkey Point Nuclear Plant Florida Power and Light Company Electronic Mail Distribution Paul Infanger Licensing Manager Turkey Point Nuclear Plant Florida Power and Light Company Electronic Mail Distribution Becky Ferrare Licensing Department Administrator Turkey Point Nuclear Plant Florida Power and Light Company Electronic Mail Distribution Grover Hettle Plant General Manager Turkey Point Nuclear Plant Florida Power and Light Company Electronic Mail Distribution William E. Webster, Vice President Nuclear Operations South Region Florida Power & Light Company Electronic Mail Distribution Terry Jones, Vice President Nuclear Operations Support Florida Power & Light Company Electronic Mail Distribution Rajiv S. Kundalkar Vice President - Nuclear Engineering Florida Power & Light Company Electronic Mail Distribution M. S. Ross, Managing Attorney Florida Power & Light Company Electronic Mail Distribution Marjan Mashhadi, Senior Attorney Florida Power & Light Company Electronic Mail Distribution

FP&L 5

Attorney General Department of Legal Affairs The Capitol Tallahassee, FL 32304 William A. Passetti Bureau of Radiation Control Department of Health Electronic Mail Distribution Alejandro Sera Miami-Dade County Emergency Management Coordinator Electronic Mail Distribution County Manager Metropolitan Dade County 111 NW 1st Street, 29th Floor Miami, FL 33128 Craig Fugate, Director Division of Emergency Preparedness Department of Community Affairs Electronic Mail Distribution Curtis Ivy City Manager of Homestead Electronic Mail Distribution

See previous concurrence OFFICE RII:DRS RII:EICS RII:DRS RII:DRP OE NSIR OGC SIGNATURE /RA/ /RA with comments/ /RA/ /RA S.Nihn /RA via email/ /RA via email/ /RA via email/

for/

NAME J. Shea C.EVANS JMUNDAY S, Vias C. Carpenter R,Correia J.Martin DATE 10/30/2007 10/26/2007 10/26/2007 10/26/2007 10/26/2007 10/26/2007 10/26/2007 E-MAIL COPY? YES NO YES NO YES NO YES YES YES NO YES NO FACTUAL

SUMMARY

Office of Investigations Report No. 2-2006-013 On March 8, 2006, the U.S. Nuclear Regulatory Commission (NRC), Office of Investigations (OI),

initiated an investigation to determine if security officers employed with The Wackenhut Corporation (Wackenhut) at the Turkey Point Nuclear Plant (Turkey Point) were willfully inattentive to duty (sleeping) at times during 2004 through 2006.

Five security officers admitted that, at times during 2004 through 2006, they were inattentive to duty on separate occasions. Although specific dates of inattentiveness could not be established, one of these five security officers was observed by other security officers to be inattentive to duty on several occasions.

One security officer admitted that, on at least one occasion during 2004-2006, he stood lookout for two other security officers such that they could be inattentive to duties without risk of being caught.

One security officer stated that, on at least one occasion during 2004-2006, two security guards stood as lookouts for him such that he was able to be inattentive to duties without risk of being caught.

One security officer was observed by an NRC inspector to be inattentive to duties on April 6, 2006, while standing duty on a vital area compensatory post.

Enclosure 1