ML080800088

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EA-07-280 Ltr to Charles D. Naslund, SVP and CNO from Elmo E. Collins, RA, Notice of Violation (NRC Security Inspection Report 05000483/2007403 and Office of Investigation Report OI 4-2007-025), 03/20/2008
ML080800088
Person / Time
Site: Callaway 
Issue date: 03/20/2008
From: Collins E
Region 4 Administrator
To: Naslund C
AmerenUE
References
4-2007-025, EA-07-280 IR-07-403
Download: ML080800088 (5)


See also: IR 05000483/2007403

Text

OFFICIAL USE ONLY SECURITY-RELATED INFORMATION

OFFICIAL USE ONLY SECURITY-RELATED INFORMATION

March 20, 2008

EA-07-280

Charles D. Naslund, Senior Vice

President and Chief Nuclear Officer

AmerenUE

P.O. Box 620

Fulton, MO 65251

SUBJECT:

CALLAWAY PLANT - NOTICE OF VIOLATION (NRC SECURITY INSPECTION

REPORT 05000483/2007403 AND OFFICE OF INVESTIGATION

REPORT OI 4-2007-025)

Dear Mr. Naslund:

This refers to an investigation and in-office inspection, which concluded on December 19, 2007,

regarding activities at the Callaway Plant. This investigation was initiated by the Nuclear

Regulatory Commission (NRC) Office of Investigations (OI), Region IV, on March 9, 2007, to

determine, among other things, whether a former security officer, employed by AmerenUEs

security contractor, the Wackenhut Corporation, wilfully violated NRC requirements. Your staff

had identified the violation, captured in your corrective action program on July 26, 2006, and

took immediate compensatory measures.

During our telephonic exit briefing on December 19, 2007, Messrs. M. Shannon and

M. Vasquez of my staff informed Mr. L. Graessle, Director, Regulatory Affairs, that the NRC was

considering escalated enforcement for the violation. Mr. Vasquez also informed Mr. Graessle

that we had sufficient information regarding the violation and your corrective actions to make an

enforcement decision without the need for a predecisional enforcement conference or a written

response from you. On December 20, 2007, Mr. Graessle contacted Mr. Shannon and

indicated that Callaway Plant did not believe that a predecisional enforcement conference or

written response was needed.

Based on the information developed during the investigation and inspection, the NRC has

determined that a violation of NRC requirements occurred. The violation is cited in the enclosed

Notice of Violation (Notice) and the circumstances surrounding it are described in detail in the

enclosed inspection report. In addition, the NRC has concluded that willfulness was associated

with this violation. The NRC staff has concluded that the violation was deliberate because the

armed responder was aware of being drowsy and was aware of the direction provided by

Wackenhut Security Services that when drowsy, he should stand up or call for assistance, but

he decided to do neither. Because willfulness was involved, the violation was not evaluated by

the significance determination process of the Reactor Oversight Program.

UNITED STATES

NUCLEAR REGULATORY COMMISSION

R E GI ON I V

611 RYAN PLAZA DRIV E, SUITE 400

ARLINGTON, TEXAS 76011-4005

OFFICIAL USE ONLY SECURITY-RELATED INFORMATION

AmerenUE

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EA-07-280

OFFICIAL USE ONLY SECURITY-RELATED INFORMATION

Willful violations are by definition of particular concern to the Commission because its regulatory

program is based on licensees and their contractors, employees, and agents acting with

integrity and communicating with candor. The NRC is taking escalated enforcement for this

violation as described in the enclosed Notice of Violation.

You are required to respond to this letter and should follow the instructions specified in the

enclosed Notice when preparing your response. The NRC will use your response, in part, to

determine whether further enforcement action is necessary to ensure compliance with

regulatory requirements.

Additionally, a licensee-identified violation which was determined to be of very low security

significance is listed in this report. However, because of the very low security significance and

because it is entered into your corrective action program, the NRC is treating this violation as a

noncited violation consistent with Section VI.A.1 of the Enforcement Policy. If you contest these

violations, you should provide a response within 30 days of the date of this inspection, 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 Callaway Plant.

In accordance with 10 CFR 2.390 of the NRC's "Rules of Practice," a copy of this letter will be

made available electronically for public inspection in the NRC Public Document Room or from

the Publicly Available Records (PARS) component of the NRCs document system, ADAMS.

ADAMS is accessible from the NRC Website at http://www.nrc.gov/reading-rm/adams.html (the

Public Electronic Reading Room). However, because of the security-related concerns

contained in the enclosure, and in accordance with 10 CFR 2.390, a copy of this letters

enclosure will not be available for public inspection.

In accordance with 10 CFR 2.390(b)(1)(ii), the NRC is waiving the affidavit requirements for

your response, if any. This practice will ensure that your response will not be made available

electronically for public inspection in the NRC Public Document Room or from the NRC's

document system, ADAMS. If Safeguards Information is necessary to provide an acceptable

response, please provide the level of protection described in 10 CFR 73.21. Otherwise, mark

your entire response "Security-Related Information-Withhold Under 10 CFR 2.390" and follow

the instructions for withholding in 10 CFR 2.390(b)(1).

Sincerely,

/RA/

Elmo E. Collins

Regional Administrator

Docket No.: 50-483

License No.: NPF 30

OFFICIAL USE ONLY SECURITY-RELATED INFORMATION

AmerenUE

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EA-07-280

OFFICIAL USE ONLY SECURITY-RELATED INFORMATION

Nonpublic Enclosures:

1. Notice of Violation

2. Inspection Report 05000483/2007403

w/Attachment Supplemental Information

cc w/enclosures:

H. Floyd Gilzow, State Liaison Officer

Missouri Department of Natural Resources

Lewis and Clark State Office Building

1101 Riverside Drive

Jefferson City, MO 65101

cc w/o enclosures:

Keith A. Mills, Supervising Engineer,

Regional Regulatory Affairs/

Safety Analysis

AmerenUE

P.O. Box 620

Fulton, MO 65251

Les H. Kanuckel, Manager

Quality Assurance

AmerenUE

P.O. Box 620

Fulton, MO 65251

Manager

Regulatory Affairs

AmerenUE

P.O. Box 620

Fulton, MO 65251

David E. Shafer

Superintendent, Licensing

Regulatory Affairs

AmerenUE

P.O. Box 66149, MC 470

St. Louis, MO 63166-6149

OFFICIAL USE ONLY SECURITY-RELATED INFORMATION

AmerenUE

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EA-07-280

OFFICIAL USE ONLY SECURITY-RELATED INFORMATION

bcc w/enclosure:

B Westreich (BCW), Chief, Reactor Security Oversight Branch

Deani Riffle (DKR1) NSIR/DSO/DDSO, TWFN Mail Stop: T4 F25M

M. Burrell (MRB) Senior Enforcement Specialist, OWFN Mail Stop: 14 E1

Senior Resident Inspector (DED)

Electronic distribution by RIV:

RIDSSECYMAILCENTER

RIDSOCAMAILCENTER

RIDSEDOMAILCENTER

RIDSOEMAILCENTER

RIDSOGCMAILCENTER

RIDSNRROD

RIDSNRRADIP

RIDSOPAMAIL

RIDSOIMAILCENTER

RIDSOIGMAILCENTER

RIDSOCFOMAILCENTER

RIDSRGN1MAILCENTER

RIDSRGN2MAILCENTER

RIDSRGN3MAILCENTER

RIDSNRRDIPMIIPB

RIDSNSIROD

Regional Administrator (EEC)

N Hilton, OE

R Barnes, OE

DRP Director (DDC)

R4ALLEGATION

Fuller - KSF

DRS Director (RJC1)

D Furst, NSIR

June Cai, OE

DRS STA (DAP)

WMaier - WAM

Starkey, OE - DRS

Vegel - AXV

John Wray, OE

CMaier

M Shannon

Vasquez - GMV

C Carpenter - CAC

D White, OI

VDricks - VLD

RITS Coordinator (MSH3)

Mary Ann Ashley, NRR

Security Inspector (JLB)

Security Related Complete Report - OUO:

SUNSI Review Completed: JLB

ADAMS: Yes

Initials: JLB

Non-Publicly Available Sensitive

Letter Only:

SUNSI Review Completed: JLB

ADAMS: Yes

Initials: JLB

Publicly Available

Non-Sensitive

DOCUMENT NAME: Distribution for Reactor Escalated.wpd

PSI:PSB

C:PSB

ACES

C:PBB

D:DRS

RC

JLBuchanan

M Shannon

M Vasquez

V Gaddy

R Caniano

K Fuller

/RA/

/RA/

/RA/

/RA/

/RA/

/RA/

01/25/08

01/28/08

01/30/08

02/ /08

02/ /08

02/ /08

DRA

OGC

OE

NSIR

RA

A Howell

C Marco

C Carpenter

R Correia

E Collins

/RA/

/RA via E/

RA MBurrell for/

/RA via E/

/RA/

02/13/08

023/07/08

03/07/08

03/07/08

03/19/08

OFFICIAL RECORD COPY T=Telephone E=E-mail F=Fax

OFFICIAL USE ONLY SECURITY-RELATED INFORMATION