ML14181A813

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Forwards Insp Rept 50-261/96-03 on 960311-0404 & Nov. Violation Concerns Failure to Handle & Control Safeguards Info Properly
ML14181A813
Person / Time
Site: Robinson Duke Energy icon.png
Issue date: 04/25/1996
From: Gibson A
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
To: Hinnant C
CAROLINA POWER & LIGHT CO.
Shared Package
ML14181A814 List:
References
EA-96-120, NUDOCS 9605140297
Download: ML14181A813 (4)


See also: IR 05000261/1996003

Text

APRIL 25,

1996

EA 96-120

Carolina Power and Light Company

ATTN:

Mr. C. S. Hinnant

Vice President

H. B. Robinson Steam Electric Plant

Unit 2

3581 West Entrance Road

Hartsville, South Carolina 29550

SUBJECT:

NRC INSPECTION REKORT NO. 50-261/96-03 AND NOTICE OF VIOLATION

Dear Mr. Hinnant:

This refers to the inspection conducted from March 11 to April 4, 1996, in

connection with the H. B. Robinson Facility. The purpose of the on site

portion of the inspection conducted from March 11-15, 1996, was to determine

whether activities authorized by the license were conducted safely and in

accordance with NRC requirements. At the conclusion of the inspection, the

findings were discussed with those members of your staff identified in the

enclosed report. On March 20, 1996, you staff notified the NRC that on

March 19, 1996, there had been another failure by the security section to

control safeguards information properly; this was in addition to those

safeguards failuers discussed in the enclosed report. On March 27, 1996, we

notified you by telephone that we intended to consider the March 19, 1996,

event concerning failure to control safeguards information properly along with

the other failures to control safeguards information identified during the

inspection. On April 4, 1996, you were informed that the repeated failures to

control safeguards information properly was being considered an apparent

violation and that a predecisional conference would be held.

We also informed

you that the report ending date would be changed to April 4, 1996, based on

the additional failures to control safeguards information.

Areas examined during the inspection are identified in the report. Within

these areas, the inspection consisted of selective examinations of procedures

and representative records, interviews with personnel, and observation of

activities in progress.

Based on the results of this inspection, one apparent violation was identified

and is being considered for escalated enforcement action in accordance with

the "General Statement of Policy and Procedure for NRC Enforcement Actions"

(Enforcement Policy), NUREG-1600. The apparent violation concerns the

repeated failure to handle and control safeguards information properly,

specifically, on April 5, 1995, the NRC discovered safeguards information

unattended and unsecured; on June 22, 1995, there were four licensee

identified findings concerning the improper handling or controlling of

safeguards information; on February 19-20, 1996, a safeguards document was

left unattended and unsecured for approximately 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> outside the protected

area; and on March 19, 1996, a safeguards document was left unattended and

unsecured outside the protected area. Accordingly, no Notice of Violation is

9605140297 960425

PDR

ADOCK 05000261

G

PDR

CP&L

2

presently being issued for these inspection findings. In addition, please be

advised that the number and characterization of apparent violations described

in the enclosed inspection report may change as a result of further NRC

review.

A predecisional enforcement conference to discuss this apparent violation has

been scheduled for May 9, 1996 in the NRC Region II Office. The decision to

hold a predecisional enforcement conference does not mean the NRC has

determined that a violation has occurred or that enforcement action will be

taken.

This conference is being held to obtain information to enable the NRC

to make an enforcement decision, such as a common understanding of the facts,

root causes, missed opportunities to identify the apparent violation sooner,

corrective actions, significance of the issues, and the need for lasting and

effective corrective action. In addition, this is an opportunity for you to

point out any errors in our inspection report and for you to provide any

information concerning your perspectives on 1) the severity of the violation,

2) the application of the factors the NRC considers when it determines the

amount of a civil penalty that may be assessed in accordance with Section

VI.B.2 of the Enforcement Policy, and 3) any other application of the Enforce

ment Policy to this case, including the exercise of discretion in accordance

with Section VII.

Additionally, we request that your presentation include a

discussion of the safeguards information findings from your last two self

audits of the security program.

You will be advised by separate correspondence of the results of our

deliberations on this matter. No response regarding the apparent violation is

required at this time.

Additionally, based on the results of this inspection, the NRC has determined

that a violation of NRC requirements occurred, which was failure to test

security equipment properly. The violation is cited in the enclosed Notice of

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

detail in the subject inspection report.

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

specified in the enclosed Notice when preparing your response. In your

response, you should document the specific actions taken and any additional

actions you plan to prevent recurrence. Your response may reference or

include previously docketed correspondence, if the correspondence adequately

addresses the required response. After reviewing your response to this

Notice, including your proposed corrective actions and the results of future

inspections, the NRC will determine whether further NRC enforcement action is

necessary to ensure compliance with NRC regulatory requirements.

CP&L

3

In accordance with 10 CFR 2.790 of the NRC's "Rules of Practice," a copy of

this letter, its enclosure(s), and your response will be placed in the NRC

Public Document Room (PDR).

To the extent possible, your response should not

include any personal privacy, proprietary, or safeguards information so that

it can be placed in the PDR without redaction.

Sincerely,

ORIGINAL SIGNED BY

JOHNS JAUDON FOR:

Albert F. Gibson, Director

Division of Radiation Safety

Docket No. 50-261

License No. DPR-23

Enclosures:

1. Notice of Violation

2. Inspection Report

cc w/encls:

Dale E. Young

Plant Manager

H. B. Robinson Steam Electric Plant

3581 West Entrance Road

Hartsville, SC

29550

J. Cowan, Manager

Operations & Environmental

Support

MS 0HS7

Carolina Power & Light Company

P. 0. Box 1551

Raleigh, NC 27602

R. M. Krich, Manager

Regulatory Affairs

H. B. Robinson Steam Electric Plant

3581 West Entrance Road

Hartsville, SC

29550

Max Batavia, Chief

Bureau of Radiological Health

Dept. of Health and Environmental

Control

2600 Bull Street

Columbia, SC

29201

(cc w/encls cont'd - See page 4)

4

(cc w/encls cont'd)

Dayne H. Brown, Director

Division of Radiation Protection

N. C. Department of Environmental

Commerce & Natural Resources

P. 0. Box 27687

Raleigh, NC

27611-7687

W. D. Johnson, Vice President

and Senior Counsel

Carolina Power & Light Co.

P. 0. Box 1551

Raleigh, NC

27602

Karen E. Long

Assistant Attorney General

State of North Carolina

P. 0. Box 629

Raleigh, NC

27602

Robert P. Gruber

Executive Director

Public Staff - NCUC

P. 0. Box 29520

Raleigh, NC 27626-0520

Public Service Commission

State of South Carolina

P. 0. Box 11649

Columbia, SC 29211

Hartsville Memorial Library

147 W. College Avenue

Hartsville, SC 29550

Distribution w/encl:

M. Shymlock, RII

B. Mozafari, NRR

M. N. Miller, RII

G. A. Hallstrom, RII

PUBLIC

NRC Resident Inspector

U. S. Nuclear Regulatory Commission

2112 Old Camden Road

Hartsville, SC

29550

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