ML091890847
| ML091890847 | |
| Person / Time | |
|---|---|
| Site: | Calvert Cliffs  |
| Issue date: | 07/08/2009 |
| From: | David Lew Division Reactor Projects I |
| To: | Spina J Constellation Generation Group |
| Lew D | |
| References | |
| 1-2008-050, EA-09-106 | |
| Download: ML091890847 (3) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION REGION I 475 ALLENDALE ROAD KING OF PRUSSIA, PA 19406-1415 July 8, 2009 EA-09-106 James A. Spina, Vice President Calvert Cliffs Nuclear Power Plant, Inc.
Constellation Generation Group, LLC 1650 Calvert Cliffs Parkway Lusby, Maryland 20657-4702
SUBJECT:
NRC INVESTIGATION REPORT NO. 1-2008-050 CALVERT CLIFFS NUCLEAR POWER PLANT
Dear Mr. Spina:
This letter refers to an investigation initiated by the U. S. Nuclear Regulatory Commissions (NRC) Office of Investigations (OI) on July 2, 2008, at Calvert Cliffs Nuclear Power Plant (CCNPP). The purpose of the investigation was to determine whether an individual employed as an Information Technology Analyst (ITA) at CCNPP failed to disclose his criminal history on a personal history questionnaire (PHQ) to gain unescorted access authorization (UAA) to CCNPP.
As a result of the investigation, the NRC confirmed that, contrary to 10 CFR 50.34(c) and the CCNPP Physical Security Plan, which states that the provisions of NEI 03-01, Nuclear Power Plant Access Authorization Program are utilized, the former ITA deliberately failed to disclose elements of his criminal history when applying for UAA at CCNPP. Specifically, the former ITA had caused CCNPP to be in violation of 10 CFR 50.34(c) and the CCNPP Physical Security Plan, when the employee submitted a PHQ that contained incomplete and inaccurate information, and resulted in CCNPP granting the individual UAA.
The former ITA had signed a PHQ that did not disclose elements of his criminal history.
Specifically, the employee had been detained and fingerprinted in 2001 for theft and was also under active Naval Criminal Investigative Service (NCIS) investigation for other thefts. None of this information was listed in the PHQ.
Because you are responsible for the actions of your employees, and because the violation involved willful aspects, the violation was evaluated under the NRC traditional enforcement process as set forth in Section IV.A.4 of the NRC Enforcement Policy. The NRC concluded that the violation, absent willfulness, would be considered a minor violation because although CCNPP did not meet the requirements of their physical security plan, no unauthorized access into the plant protected area occurred.
However, the NRC considered the violation to have been more significant than minor, because it involved willfulness, and therefore, the NRC has classified the violation at Severity Level (SL) IV,
J. Spina 2 in accordance with the Enforcement Policy. The current NRC Enforcement Policy is included on the NRCs website at http://www.nrc.gov; select About NRC, Regulation, Enforcement, then, Enforcement Policy.
The NRC considered issuance of a Notice of Violation for this issue. However, after considering the factors set forth in Section VI.A.1 of the NRC Enforcement Policy, the NRC determined that a non-cited violation (NCV) is appropriate in this case because: (1) at the time the violation was identified to you by the NRC, you had already initiated actions to restrict the individuals access; (2) the violation involved the acts of an individual who was not considered to be a licensee official within the context of the NRC enforcement policy; (3) the violation appeared to be an isolated action of the employee without management involvement and was not caused by a lack of management oversight; and, (4) you took significant remedial action commensurate with the significance of the event such that it demonstrated the seriousness of the violation to other employees and contractors.
A response to this letter is not required. However, if you contest this NCV or its significance, you should provide a response within 30 days of the date of this letter, with the basis for your denial, to the U.S. Nuclear Regulatory Commission, ATTN.: Document Control Desk, Washington, D.C.
20555-0001, with copies to the Regional Administrator, Region I; the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001; and the NRC Resident Inspector at the Calvert Cliffs Nuclear Power Plant.
In accordance with 10 CFR 2.390 of the NRCs Rules of Practice, a copy of this letter and your response, if you choose to provide one, will be 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, your response, if you choose to provide one, should not include any personal privacy, proprietary, or safeguards information so that it can be made available to the public without redaction.
Should you have any questions regarding this letter, please feel free to contact Mr. Glenn Dentel at 610-337-5233.
Sincerely,
/RA/
David C. Lew, Director Division of Reactor Projects
J. Spina 2 in accordance with the Enforcement Policy. The current NRC Enforcement Policy is included on the NRCs website at http://www.nrc.gov; select About NRC, Regulation, Enforcement, then, Enforcement Policy The NRC considered issuance of a Notice of Violation for this issue. However, after considering the factors set forth in Section VI.A.1 of the NRC Enforcement Policy, the NRC determined that a non-cited violation (NCV) is appropriate in this case because: (1) at the time the violation was identified to you by the NRC, you had already initiated actions to restrict the individuals access; (2) the violation involved the acts of an individual who was not considered to be a licensee official within the context of the NRC enforcement policy; (3) the violation appeared to be an isolated action of the employee without management involvement and was not caused by a lack of management oversight; and, (4) you took significant remedial action commensurate with the significance of the event such that it demonstrated the seriousness of the violation to other employees and contractors.
A response to this letter is not required. However, if you contest this NCV or its significance, you should provide a response within 30 days of the date of this letter, with the basis for your denial, to the U.S. Nuclear Regulatory Commission, ATTN.: Document Control Desk, Washington, D.C.
20555-0001, with copies to the Regional Administrator, Region I; the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001; and the NRC Resident Inspector at the Calvert Cliffs Nuclear Power Plant.
In accordance with 10 CFR 2.390 of the NRCs Rules of Practice, a copy of this letter and your response, if you choose to provide one, will be 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, your response, if you choose to provide one, should not include any personal privacy, proprietary, or safeguards information so that it can be made available to the public without redaction.
Should you have any questions regarding this letter, please feel free to contact Mr. Glenn Dentel at 610-337-5233.
Sincerely,
/RA/
David C. Lew, Director Division of Reactor Projects SUNSI Review Complete: aed (Reviewer=s Initials) Non-Public Designation Category: MD 3.4 Non-Public n/a (A.3 - A.7 or B.1)
DOCUMENT NAME: G:\DRP\BRANCH1\Calvert_Cliffs\RI to OE CCNPP NCV Cover Ltr.doc After declaring this document AAn Official Agency Record@ it will/will not be released to the Public. ML091890847 To receive a copy of this document, indicate in the box: "C" = Copy without attachment/enclosure "E" = Copy with attachment/enclosure "N" = No copy OFFICE RI/DRP RI/DRP RI/DRP RI/OI RI/ORA NAME NPerry* GDentel* DLew jc for* EWilson* KFarrar*
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- See prior concurrence