ML16154A687

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Insp Repts 50-269/94-27,50-270/94-27 & 50-287/94-27 on 940829-0915.No Violations Noted.Major Areas Inspected:Area of Physical Security Program for Power Reactors,Specifically Access Control for Personnel,Packages & Vehicles
ML16154A687
Person / Time
Site: Oconee  Duke Energy icon.png
Issue date: 10/14/1994
From: Masnyk O, McGuire
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
To:
Shared Package
ML16154A688 List:
References
50-269-94-27, 50-270-94-27, 50-287-94-27, NUDOCS 9411030084
Download: ML16154A687 (9)


See also: IR 05000269/1994027

Text

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UNITED STATES

NUCLEAR REGULATORY COMMISSION

REGION II

101 MARIETTA STREET, N.W., SUITE 2900

ATLANTA, GEORGIA 30323-0199

Report Nos. 50-269/94-27, 50-270/94-27 and 50-287/94-27

Licensee:

Duke Power Company

422 South Church Street

Charlotte, NC 28242

Docket Nos. 50-269, 50-270, and 50-287

License Nos. DPR-38, DPR-47,

and DPR-55

Facility Name:

Oconee Nuclear Station Units 1, 2 and 3

Inspection Conducted:

August 29 - September 1, and September 14 - 15, 1994

Inspector:

0lu

Oryja

,/

asn , Safeguar s Specialist

Date Signed

Approved by:

lell Y /

David R. McGu re, Chief

DfteSi ned

Safeguards Section.

Nuclear Materials Safety and Safeguards Branch

Division of Radiation Safety and Safeguards

SUMMARY

Scope:

This routine, announced inspection was conducted in the area of Physical

Security Program for Power Reactors, specifically, Access Control for

Personnel, Packages and Vehicles, and Access Authorization.

Results:

In the areas inspected, violations were not identified.

The licensee continues to implement an effective program for access control of

personnel, packages, and vehicles.

Violations 93-32-01, 02, and 03 were closed.

Unresolved Item 94-27-01 was open, dealing with the possible improper denial

of access authorization of a contractor.

ENCLOSURE

9411030084 941014

PDR ADOCK 05000269

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PDR

REPORT DETAILS

1.

Persons Contacted

Licensee Employees

    • M. Bailey, Regulatory Compliance, Oconee Nuclear Station (ONS)
    • J. Burchfield, Regulatory Compliance, ONS
    • W. Carter, Engineering, ONS

,*S. Kopp, Regulatory Affairs, General Office (GO)

  • R. Eller, Regulatory Affairs, GO
    • T. Melter, Security, ONS

J a

Peele, Station Manager, ONS

    • J Smith, Regulatory Compliance, ONS
  • S. Warren, Regulatory Affairs, GO

Other licensee employees contacted during this inspection included

engineers, security force members, technicians, and administrative

personnel

  • Attended exit interview

SParticipated in exit interview by conference call

A subsequent exit conference call was held on September 21, 1994,

following the records review in Lynchburg, VA.

The following personnel

participated:

Licensee Employees

R. Eller, Regulatory Affairs, General Office (GO)

T. McQuarrie, Site Security Manager, Oconee Nuclear Station (ONS)

0. Patterson, Licensing Group, Regulatory Compliance, ONS

Me Satterfield, Security, ONS

NRC

B. Carroll, Project Engineer

On October 12, 1994, the licensee was contacted by telephone and advised

that an Unresolved Item was identified and that they would be asked to

respond to several questions to resolve the issue dealing with access

authorization. The participants in this call were as follows:

Licensee Employees

R. Eller, Regulatory Affairs, General Office

0. Nix, Regulatory Compliance, Oconee Nuclear Station (ONS)

T. McQuarrie, Security Manager, ONS

M. Satterwhite, Security Support Supervisor, ONS

NRC

B. Carroll, Project Engineer.

I

2.

Physical Security Program For Power Reactors (81700)

Access Control -

Personnel, Packages and Vehicles

The licensee's established program for controlling access of personnel,

hand-carried items, materials, and vehicles into the protected area was

reviewed and evaluated to verify compliance with commitments in the

licensee's approved Physical Security Plan (PSP).

Tours of the protected area and observation of access control activities

during the course of the inspection confirmed that positive control of

personnel, materials and vehicles into the protected area was being

accomplished in accordance with commitments contained in the licensee's

approved PSP. The performance capability and efficiency of security

personnel conducting searches of personnel, materials and vehicles; and

providing positive control of access was demonstrated on several

occasions during the period of the inspection. The functional

capability of metal, explosive and x-ray detection equipment utilized in

the personnel access portal was also confirmed.

The licensee has security officers posted at the personnel entrances

into the protected area who double check that personnel are properly

badged before signaling to an individual within a bullet resistant booth

to allow access into the protected area.

The licensee is reorganizing the access control function. This will be

completed in October of 1994.

This section was organized into a five

person group consisting of a supervisor and four administrative

personnel.

The supervisor is now considered a technical specialist,

reporting to the day shift coordinator. The administrative personnel

have been transferred to other work assignments; and the technical

specialist's non-access control duties were reassigned. The technical

specialist will be assisted by security officers. Two officers on each

shift will be trained in this function and will perform it as a post

assignment. When not working in access control they will be assigned

other security duties.

The site access control group badges individuals based on information

contained on the VAX computer system which provides information dealing

with Access Authorization, Fitness For Duty, and training. All access

authorization duties are performed at the Duke Corporate Offices in

Charlotte, North Carolina.

The inspector asked if the access control specialists could recall

occasions where an individual was badged, but then had to have access

revoked based on derogatory information received from the fingerprint

check. The specialists could remember persons whose access had been

revoked due to termination for cause or because of positive drug tests

but not because of fingerprint history information. The only example

that came close was that of a contractor who had worked at the site for

a period of time on a visitor's badge and then was terminated. This

stood out because the badging process usually proceeds quickly; most

3

contractors come to the site with completed background investigations.

The inspector performed a cursory review of the Access.Authorization

program at the Duke Corporate office in Charlotte, N.C. The program is

managed by the Manager, Power Generation Group, Workforce Processing,

Fitness for Duty, Nuclear Screening and

Inprocessing. The licensee has

delineated its program in Nuclear Access Authorization Program, Revision

6, dated November 15, 1993. The licensee's self screening contractors

are provided the program requirements by a memo dated September 11,

1992, containing Revision 3 of the Duke Power Nuclear Access Program for

Approved Non-Licensee Companies.

Corporate staff personnel reiterated that there were no temporary

clearances issued that had to be revoked based on information received

as a result of the fingerprint history check. They attributed this to

the fact that Duke Power Company requires a criminal history records

check for the past five years, which they feel would disclose any

unfavorable information prior to the completion of the fingerprint check

which is usually accomplished after the individual is badged. This five

year criminal history check as part of the background investigation is

not required by the 10 CFR 73.56. The licensee also provides a

document, "Guidelines for Evaluating Adverse Information - Decision

Matrix", to its contractors, but does not require the contractors to use

these guidelines. The contractor performs a background investigation,

adjudicates any adverse information, and submits a request for

unescorted access to the licensee. At the time of this inspection the

licensee was not requiring the contractor to submit adverse information

and adjudication rationale. The licensee performs audits of the

contractors and their methods and records are evaluated during the

audit. The licensee advised the inspector that they were in the process

of changing the process and would require submittal of deragatory

information. It is the responsibility of the licensee to grant, deny,

or revoke access authorization.

A review of the file of the contractor who had worked at Oconee on a

visitor's badge until his employment was terminated disclosed the

following. The file contained a "Record Of Interview" dated May 11,_

1994, from the contract company B&W Nuclear Technologies (BWNT) which

concluded that the contractor's derogatory information had been "fully

addressed and substantiated by objective evidence"; a copy of all

supporting documentation was attached. The contractor's employment was

terminated on May 23, 1994. A letter dated June 14, 1994, from B&W

Nuclear Technologies to Duke Power Company documents a conversation on

June 6, 1994, between respective Access Authorization personnel,

transmitting a formal notification stating that the contractor had

withdrawn his consent for processing of his unescorted access request.

The memo states that the contractor felt his request should be effective

on May 23, 1994, the date he was terminated, but the memo states the

formal request should be as of June 6, 1994. A memo to file from the

Duke Power Access Authorization Coordinator states in response to the

contractor's request for clarification concerning his access

authorization, "I stated to him that technically, he had been "(denied

4

unescorted access) "but officially he had not" and concludes "Based on

the circumstances and the issues involved", (the contractor) "will not

be granted unescorted access to any of the Duke Power company plants at

the present time."

Attached to this memo was a standard form "Denial of

Unescorted Access Authorization" dated May 25, 1994, giving the reason

for denial as "Falsification". Based on discussion with contractor

personnel from another company, it would appear that this was

communicated to a contractor group other than B&W Nuclear Technologies.

The inspector reviewed the contractor's file at the B&W Nuclear

Technologies office in lynchburg, VA, and interviewed several BWNT

personnel.

The inspector found that BWNT is not required,

contractually, to do a five year criminal history check, contrary to the

Duke Power procedure for contractors, instead, BWNT may do such a check.

Their application requires the applicant to list any arrests. The

contract employee in question provided an entire adult history and BWNT

adjudicated his unfavorable information. Originally, the employee had

failed to provide some information, which he subsequently provided with

explanations. The contract company terminated the individual's

employment since he could not get-badged at the site.

Unresolved Item 94-27-01 is opened to determine why and how the

contractor's access authorization was denied.

10 CFR 73.56(e) requires

the licensee to advise the individual of the reason for denial and give

them an opportunity to appeal the denial.

To resolve this, please

provide answers to the following questions:

-

Was the contractor's access authorization denied? Why?

-

Was the reason for denial given to the contractor?

-

Was the contractor given an opportunity to appeal the denial?

-

Was any other licensee or licensee's contract company told that

the contractor's access authorization had been denied?

3.

Action on Previous Inspection Findings (92702)

(CLOSED) Violations 93-32-01, 93-32-02, and 93-32-03.

93-32-01 - Failure to control Safeguards Information (SGI) at the

Computer Center.

The licensee either destroyed or secured all tapes that were previously

uncontrolled. Duke Power completed a self audit conducted by the audit

organization which reviewed all aspects of the Safeguards Information

program. This audit disclosed other problems and included other

corrective action that is discussed at the end of this section.

5

93-32-02 - Unsecured container at the Oconee Station.

The licensee immediately secured the container and conducted an

inventory to ensure that all material was accounted for. Personnel with

access to storage containers were-retrained in the locking process of

containers with internal combinations locks. An access log was

implemented in conjunction with the use of "locked", "unlocked" signs

that are used by personnel to ensure the safe is locked at the end of

the work day.

93-32-03 - Failure to control Safeguards Information on several

occasions at the Oconee Station.

The same measures as discussed in the above violation were implemented

with additional training provided as needed, or attempts to reconcile

the loss of information performed. Additionally, the security section

reviewed procedures maintained by Instrument and Electrical personnel to

make recommendations where Safeguards Information could be removed.

This was reviewed by the responsible Engineer who feels that the

inclusion of Safeguards Information is necessary in these procedures to

make them adequate to provide sufficient technical information to the

users.

The Nuclear Services Division, Safety Assurance Group, Audit Section

conducted a comprehensive assessment of all aspects of the Safeguards

Information program. The audit was conducted during the period of

October 11, 1993 through November 30, 1993.

The audit covered the

following activities; identification and location of Safeguards

Information, Safeguards Information access prerequisites,

classification, physical protection of Safeguards Information including

storage, protection of electronic Safeguards Information, and evaluation

of program adequacy. The results of the audit are discussed below.

The following were identified at the Oconee facility:

SC-93-06-11 - The Document Management Group was not providing adequate

control over a Controlled Access Area located within the high rise

office building. The existing requirements for controlling this area

were reaffirmed to the appropriate personnel.

SC-93-06-12 - Oconee craft personnel were improperly using a locking bar

cabinet for long term storage of Safeguards Information at a location

exterior to the protected area. This storage function was moved inside

the protected area.

SC-93-06-13 - Instrumentation and Electronics planners were

inappropriately utilizing LAN connected personal computers to create and

print Safeguards Information. Personnel were advised of the existing

requirements in this area.

SC-93-06-14 - The audit team felt that the Document Management Records

Vault should no longer be used as a Controlled Access Area since it is a

6

high traffic area. This area was controlled as a CAA but Class 6

containers were provided for use. At Duke Power CAAs are used with

cabinets that are not considered Class 6 containers.

SC-93-06-15 - Instrumentation and Electronics procedures should be

revised so that they do not contain Safeguards Information. This was

done at the McGuire and Catawba sites. As previously discussed, the

responsible Engineer feels that the procedures require the inclusion of

Safeguards Information.

The following were identified at the Duke General Office:

SC-93-06-16 - Several concerns were identified with the manner in which

Input/Output summary information was processed and stored by Nuclear

Engineering personnel.

The personal computer work station in question

is no longer utilized for the processing of Safeguards Information.

SC-93-06-17 - The controlled Access Area which is managed by Licensing

personnel and located on the 5th floor of the Electronic Center was

found unlocked. The existing requirements for controlling this area

were reaffirmed to the appropriate personnel.

SC-93-06-18 - McGuire security drawings were handled by personnel who

were not on the Safeguards Information access list. The practice of

using the print shop to process security drawings has been discontinued.

SC-93-06-19 - Questionable storage practices were noted at the print

shop. This shop is no longer used for security drawings.

SC-93-06-20 - There was a lack of control of the storage of Safeguards

Information at the Wilkenson Blvd. Corporate Records Facility.

Safeguards Information is no longer stored there.

SC-93-06-21 - Safeguards Information was not properly controlled within

the Main Frame Computers. Safeguards Information has been removed from

the mainframe computer and sent to the sites. This was completed during

the time of this inspection, ahead of schedule.

The following were General Office recommendations:

SC-93-06-22 - The Reprographiacs Group should be provided with a

Safeguards Information container. This has been accomplished.

SC-93-06-23 - Mainframe storage of Safeguards should be discontinued.

This has been accomplished.

SC-93-06-24 - Elimate Print Shop handling of Safeguards Information.

This has been done.

SC-93-06-25 - Improve control of Safeguards Information at Wilkenson

Blvd. Safeguards Information is no longer stored here.

7

The following generic observations were made:

SC-93-06-26 - Site-Administrators and Document Controllers need to be

made aware of Safeguards Information storage container's locations. An

information letter was sent on January 6, 1994 to responsible personnel.

SC-93-06-27 - Personnel need to be trained on the meaning of "need to

know" regarding access to Safeguards Information. This was also

addressed in the January 6, 1994 memo.

SC-93-06-28 - Safeguards Document Controllers require training on how to

access the Safeguards Information access list. Site personnel reviewed

this finding and felt that training was adequate.

SC-93-06-29 - Training was needed on how to mail Safeguards Information.

This was addressed by procedure.

SC-93-06-30 - Updating of the Safeguards Information access list is

inadequate. This was improved so that it is done automatically.

SC-93-06-31 - The Document Controller lists are not updated on a timely

basis. This is now done each time there is a change made to the list.

SC-93-06-32 - There has been limited effort in de-classifying Safeguards

Information. A working group has been formed to evaluate and declassify

appropriate Safeguards Information.

SC-93-06-33 - There is no program to ensure that lock combination are

charged when necessary. This is the responsibility of Document

Controllers no change was made, site security personnel felt current

controls were adequate.

SC-93-06-34 - Safeguards Information should be removed from the staging

computer when it is not in use. Safeguards Information is no longer

maintained on the mainframe.

SC-93-06-35 - Safeguards Information lists need to be updated in a

timely fashion. This is now done on a "real time" basis.

SC-93-06-36 - Safeguards Information should be reviewed and de

classified. A working group is addressing this action.

SC-93-06-37 - CAAs should be well controlled. CAA controls are being

reaffirmed a or clarified as needed.

SC-93-06-38 - The VAX system should be revised to allow Site Safeguards

Administrators to access fingerprint history. This has been done.

SC-93-06-39 - Safeguards Document Controllers need training on the VAX

system. Site security personnel felt the current training was adequate.

8

SC-93-06-40 - All locations and groups should be a requested to develop

safeguards work place procedures. This has been done.

SC-93-06-41 - Restructure the Safeguards Information program.

The licensee has developed Nuclear Policy Manual NSD-206 which was

finalized on August 23, 1994. This contains the restructuring of the

Safeguards Information program and incorporates the suggestions and

corrective measures implemented during the licensee's audit. It will be

implemented as of January 1, 1995.

The licensee was advised during the Enforcement Conference that

violations in this area discovered in the process of completing

corrective and preventative measures would not be cited to allow for an

aggressive and thorough self-assessment.

4.

Exit Interview

The inspection scope and results were summarized on September 1, 1994,

with those persons indicated in Paragraph 1. Following the review of

records at B&W Nuclear Technologies in Lynchburg, VA, a telephone exit

was held on September 21, 1994. The persons involved are also listed in

Paragraph 1. The licensee was advised that violations 93-32-01, 02, and

03 were closed. The licensee was advised by telephone on October 12,

1994, that an Unresolved Item was identified. The licensee was informed

that it appeared that a contract employee had his access authorization

denied and was asked to provided information to resolve this issue. The

individual's identity was made known to them at this time. Dissenting

comments were not received from the licensee.

0II