ML092530157
| ML092530157 | |
| Person / Time | |
|---|---|
| Site: | Millstone  |
| Issue date: | 09/10/2009 |
| From: | Clifford J Division Reactor Projects I |
| To: | Heacock D Dominion Resources |
| TRAPP, JM | |
| References | |
| 1-2008-051, EA-09-144, FOIA/PA-2011-0115 | |
| Download: ML092530157 (5) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION REGION I 475 ALLENDALE ROAD KING OF PRUSSIA, PA 19406-1415 September 10, 2009 EA-09-144 Mr. David A. Heacock President and Chief Nuclear Officer Dominion Resources 5000 Dominion Blvd.
Glen Allen, VA 23060-6711
SUBJECT:
NRC INVESTIGATION REPORT NO. 1-2008-051 MILLSTONE NUCLEAR POWER PLANT
Dear Mr. Heacock:
This letter refers to an investigation initiated by the U. S. Nuclear Regulatory Commissions (NRC) Office of Investigations (OI) on July 3, 2008, at Millstone Nuclear Power Plant (MNPP).
The purpose of the investigation was to determine whether, on May 8, 2008, a contract security officer (SO) employed at MNPP failed to complete a required security surveillance, and deliberately falsified the written completion of the required security surveillance in a security log.
As a result of the investigation, the NRC determined that the former SO deliberately documented the timely completion of a routine security tour when in fact, the SO did not complete the tour as documented. This was contrary to 10 CFR 73.70(e), which requires, in part, that all routine security tours and inspections required by 10 CFR Part 73 be documented.
10 CFR 73.55(c)(4) includes the requirement that all exterior areas within the protected area shall be periodically checked to detect the presence of unauthorized persons.
The deliberate failure of the SO to accurately document his security tour caused MNPP to be in violation of 10 CFR 50.9, which requires, in part, that documentation required to be maintained by the licensee be complete and accurate in all material respects. Since the actions of the SO were deliberate, he violated the NRC=s deliberate misconduct rule (10 CFR 50.5), which prohibits employees from engaging in deliberate misconduct that would cause a licensee to be in violation of any NRC requirements.
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 failure to perform one required security tour, with no evidence of compromise, would be considered a minor violation, absent willfulness.
D. Heacock 2
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, 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) the violation was licensee-identified; (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; (4) you revoked the SOs site access and considered significant remedial action to the SO prior to his resignation; and, (5) you placed the action into the corrective action program and held briefings with other SOs 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 Millstone 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 Ronald Bellamy at 610-337-5200.
Sincerely,
/RA/
James W. Clifford, Acting Director Division of Reactor Projects
D. Heacock 3
cc w/encl:
J. Price, Vice President, Engineering, Dominion Fleet A. Jordan, Site Vice President, Millstone Station C. Funderburk, Director, Nuclear Licensing and Operations Support J. Semancik, Plant Manager, Millstone Station W. Bartron, Supervisor, Station Licensing J. Spence, Manager Nuclear Training L. Cuoco, Senior Counsel C. Brinkman, Manager, Washington Nuclear Operations J. Roy, Director of Operations, Massachusetts Municipal Wholesale Electric Company First Selectmen, Town of Waterford B. Sheehan, Chair, NEAC E. Woollacott, Vice-Chair, NEAC E. Wilds, Jr., Ph.D, Director, State of Connecticut SLO Designee J. Buckingham, Department of Public Utility Control C. Meek-Gallagher, Commissioner, Suffolk County, Department of Environment and Energy V. Minei, P.E., Director, Suffolk County Health Department, Division of Environmental Quality R. Shadis, New England Coalition Staff S. Comley, We The People D. Katz, Citizens Awareness Network (CAN)
R. Bassilakis, Citizens Awareness Network (CAN)
P. Eddy, Electric Division, Department of Public Service, State of New York P. Tonko, President and CEO, New York State Energy Research and Development Authority J. Spath, SLO Designee, New York State Energy Research and Development Authority N. Burton, Esq.
D. Heacock 3
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, 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) the violation was licensee-identified; (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; (4) you considered significant remedial action to the SO prior to his resignation; and, (5) you placed the action into the corrective action program and held briefings with other SOs 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 Millstone 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 Ronald Bellamy at 610-337-5200.
Sincerely,
/RA/
James W. Clifford, Acting Director Division of Reactor Projects SUNSI Review Complete: JMT (Reviewer=s Initials) ML092530157 DOCUMENT NAME: G:\\DRS\\Plant Support Branch 1\\Everhart\\MNPP SO Falsified NPP Ltr Rev 1.doc After declaring this document AAn Official Agency Record@ it will be released to the Public.
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D. Heacock 4
DISTRIBUTION w/encl:
D. Roberts, DRS SECY P. Wilson, DRS OCA J. Trapp, DRS OEMAIL R. Urban, RI OEWEB C. ODaniell, RI W Borchardt, EDO D. Jackson, DRP B Mallett, DEDR L. Trocine, OEDO C Carpenter, OE B. Sosa, OE N. Hilton, OE L Lopez,OE N Hasan, OE S Woods, OE P. Nibert, OE M. Crutchley, OE D Starkey, OE J Wray, OE G Bowman, OE E Leeds, NRR J Wiggins, NRR B Boger, NRR C. Sander, NRR Project Manager R Zimmerman, NSIR (For Security Related Matters)
P Holahan, NSIR (For Security Related Matters)
D. Furst, NSIR (For Security Related Matters)
M. DEttore, NSIR (For Security Related Matters)
J. Canady, NSIR (For Security Related Matters)
S. Wastler, NSIR (For Security Related Matters)
B. Westreich, NSIR (Significant Enforcement Actions)
Enforcement Coordinators RII, RIII, RIV (C Evans, S. Orth, W. Jones)
C Marco, OGC E Hayden, OPA H Bell, OIG G Caputo, OI S Titherington-Buda, OCFO M Williams, OCFO DScrenci/NSheehan, RI S. Shaffer, SRI R. Bellamy, DRP K Farrar, RI D Holody, RI M. McLaughlin C O=Daniell, RI R1DRPMailResource Region I OE Files (with concurrences)