ML17229A687
| ML17229A687 | |
| Person / Time | |
|---|---|
| Site: | Saint Lucie  |
| Issue date: | 04/03/1998 |
| From: | Reyes L NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II) |
| To: | Plunkett T FLORIDA POWER & LIGHT CO. |
| Shared Package | |
| ML17229A688 | List: |
| References | |
| 50-335-98-01, 50-335-98-1, 50-389-98-01, 50-389-98-1, EA-98-064, EA-98-64, NUDOCS 9804210166 | |
| Download: ML17229A687 (12) | |
See also: IR 05000335/1998001
Text
w J. NAV&.4
REGUL
RY INFORMATION DISTRIBUT1
SYSTEM (RIDS)
3
ACCESSION NBR:9804210166
DOC.DATE: 98/04/03
NOTARIZED: NO
FACIL:50-335 St. Lucie Plant, Unit 1, Florida Power
& Light Co.
50-389 St. Lucie Plant, Unit 2, Florida Power
6 Light Co.
AUTH.NAME
AUTHOR AFFILIATION
REYESEL.A.
Region
2
(Post
820201)
RECIP.NAME
RECIPIENT AFFILIATION
PLUNKETT,T.F.
Florida Power
& Light Co.
DOCKET ¹
05000335
05000389
SUBJECT: Discusses
insp repts
50-355/98-01
& 50-389/98-01
on 980123
&
NOV.Violation re
2 examples of failure to comply w/physical
secuirty. plan.Predecisional
enforcement
conference
was
conducted
on 980331.NRC
& FP&L presentation
matls encl.
DISTRIBUTION CODE:
IE04D
COPIES
RECEIVED:LTR J
ENCL
J
SIZE:
TITLE: Safeguards
Inspection
Rpt/NOV Response
(50 DKT)-Publicly Available
NOTES:
RECIPIENT
ID CODE/NAME
PD2-3
COPIES
LTTR ENCL
1
1
RECIPIENT
ID CODE/NAME
GLEAVES,W
COPIES
LTTR ENCL
1
1
INTERNAL: ACRS
NRR/DRPM/PERB
NUDOCS-ABSTRACT
RGN2
FILE
01
TERNAL: NOAC
1
1
1
1
1
1
1
1
1
1
FILE CENTER
OE DIR
NRC PDR
XT
1
1
~
1
1
1
1
1
1
NOTE TO ALL "RIDS" RECIPIENTS:
PLEASE HELP US TO REDUCE WASTE. TO HAVE YOUR NAME OR ORGANIZATION REMOVED FROM DISTRIBUTION LIS'l
OR REDUCE THF NUMBER OF COPIES RECEIVED BY YOU OR YOUR ORGANIZATION, CONTACT THE DOCUMENT CONTRC
DESK
(DCD)
ON EXTENSION 415-2083
TOTAL NUMBER OF COPIES
REQUIRED:
LTTR
11
ENCL
11
ei
EA 98-064
'April 3,
1998
Florida Power
& Light Company
ATTN: Mr. T. F. Plunkett
President
- Nuclear Division
P. 0.
Box 14000
Juno Beach,
33408-0420
SUBJECT:
(NRC INSPECTION REPORT
NOS. 50-335/98-01,
50-389/98-01)
Dear
Mr . Plunkett:
This refers to the routine,
announced
inspection,
conducted
on January
23,
1998, to review security access
control measures
at your St. Lucie facility.
. The results of the inspection were discussed
with your staff during
a
telephone
conference exit meeting
on January
26,
1998,
and were formally sent
to you by letter dated February
11,
1998.
That letter also provided you the
opportunity to respond to the apparent violation or request
a predecisional
enforcement
conference.
An open,
pr edecisional
enforcement
conference
was
conducted at your request in the Region II office on March 31,
1998, with you
and members of your staff, to discuss
the apparent violation, the root causes,
and your corrective actions to preclude recurrence.
Copies of the Nuclear
Regulatory Commission's
(NRC) and Florida Power
& Light Company's
(FP&L)
.presentation .materials
and
a list of conference
attendees
are enclosed.
Based
on the information developed during the inspection
and the information
that was provided during the conference,
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 subject inspection report.
The violation involved
two examples of the failure to comply with the Physical Security Plan when
a
plant security officer failed to inactivate the keycards
and hand geometry for
two favorably terminated
employees after being notified on December
31,
1997,
that the two individuals had been terminated,
and access
authorization
was to
be withdrawn as of December
31,
1997.
As
a result,
one contract
employee
>
g,o'ntered
the protected
area for approximately eight minutes
on January 2,
1998.
In addition,
between
December
31,
1997,
and January 2,
1998, this employee
could have gained
access
to protected
and vital areas of the plant.
As to the
second
employee
whose access
was not properly inactivated, this employee's
keycard
had been retrieved from him at the time of his termination on
December
31,
1997.
Therefore, this employee did not and could not have gained
access to protected
or vital areas.
The actual safety consequence
of the violation was low because
both
individuals previously had been granted
unescorted
access
to the protected
and
vital areas
and the unauthorized individual who entered the protected
area
on
January 2,
1998,
was favor ably terminated
on December
31,
1997, but was
unaware of this fact due to his absence
from work on that date.
Although the
'P804210166
980403
ADOCK 05000335
G
'PDR
=
l ~
~
V
~
~
FP8L
violation was not programmatic in nature
and involved human error, the
violation is of significant regulatory concern
because
the failure to control
access of individuals no longer
authorized entry into protected
and vital
areas of the plant could compromise overall plant security.
Therefore,
the
violation has
been categorized
in accordance
with the "General
Statement of
Policy and Procedures
for NRC Enforcement Actions" (Enforcement Policy);
as
a Severity Level III violation.
In accordance
with the Enforcement Policy,
a base civil penalty in the amount
of $55,000 is considered
for
a Severity Level III violation.
Because
your
facility has
been the subject of escalated
enforcement
actions within the last
two years,'he
NRC considered
whether credit was warranted for Identification
and Corrective Action in accordance
with the civil penalty assessment
process
described
in Section VI.B.2 of the Enforcement Policy.
NRC determined that
credit was warranted for Identification because
your staff'identified the
violation on January
2, 1998,
upon recognizing that
a terminated
employee
had
'ccessed
the protected
area.
With regard to the factor of'orrective Action,
FP8L immediately removed the access
authorization of,the two terminated
individuals;
implemented interim actions to conduct all badging terminations
at the Security Operations
Center
(which performed prompt independent
verification of such transactions);
and,
implemented procedural
revisions to
standardize
the badging termination
and verification processes.
FP8L also
hired an outside security contractor to assess
the St. Lucie access
program,
conducted
an internal quality assurance
audit,
and compared the St. Lucie
access
control program to access
control programs of other nuclear facilities.
Based
on the above,
the
NRC determined that credit was warranted for the
f'actor of Corrective Action.
Therefore, to encourage
prompt identification and comprehensive
cor rection of
violations, I have been authorized,
after consultation with the Director,
Office of'nforcement,
not to propose
a civil penalty in this case.
However,
significant violations in the future could result in a civil penalty.
On January
10,
1997,
a Severity Level III problem with a
$50,000 civil penalty
was issued for .-violations which occurred
between July and September
1996
related to plant security access
control at St. Lucie (EA 96-458).
The
NRC
concluded, after review of the similarities between the current event
and the
1996 event, that the root causes
for the 1996 problem were programmatic
and
were not similar to the root cause for this event
and that the corrective
actions for the 1996 event would not have precluded occurrence of this
violation.
Therefore,
the
NRC did not consider
the current violation a
repetitive violation although the outcomes of both events
were similar .
You are required to respond to this letter
and should follow the instructions
'
Notice of Violation (NOV) and Proposed
Imposition of Civil Penalty in the amount of
$88,000 was issued
on Harch 25,
1998 for a Severity Level II problem associated
with an incorrect
Refueling Water Tank setpoint
(EA 98'09).
A Severity Level III problem was issued
on
December ll, 1997 related to inoperability of the Unit 2 containment cooler fans
(EA 97-501).
An NOV and Proposed
Imposition of Civil Penalty in the amount of $ 100,000
was issued-on
January
10,
1997 for violations of the plant security access
control program,
the emergency
preparedness
program,
and requirements for nuclear instrumentation
.464,
and -457).
A'everity Level III violation was issued
on September
19,
1996,
associated
with the failure to
comply with 10 CFR 50.59
(EA 96-326).
l ~
~
0
0
FPSL
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.
In accordance
with 10 CFR 2.790 of the NRC's '"Rules of Practice,"
a copy of
this'etter, its enclosures,
and your response will be placed in the
NRC
Public Docum'ent
Room (PDR).
Sincerely,
Original signed by J.R.
Johnson
Docket Nos. 50-335,
50-389
License
Nos.
Luis A. Reyes
Regional Administrator
Enclosures:
2.
NRC Presentation
Haterials
3.
FPEL Presentation
Haterials
4. List of Attendees
cc w/encls:
. J.
A. Stall
Vice President
St. Lucie Nuclear
Plant
6351 South
Ocean Drive
Jensen
Beach,
FL
34957
H.
N. Paduano,
Hanager
Licensing and Special
Programs
Florida Power
and Light Company
P. 0.
Box 14000
Juno Beach,
FL
33408-0420
J. Scarola
Plant General
Hanager
St. Lucie Nuclear
Plant
6351 South Ocean Drive
Jensen
Beach,
FL
34957
cc w/encls cont'd:
See
page 4
FPKL
cc w/encls cont'd:
E. J.
Weinkam
Licensing Manager
St. Lucie Nuclear Plant
6351 South
Ocean Drive
Jensen
Beach,
FL
34957
M. S.
Ross, Attorney
Florida Power 5 Light Company
P. 0.
Box 14000
Juno Beach,
FL
33408-0420
John T. Butler, Esq.
Steel,
Hector
and Davis
4000 Southeast
Financial
Center
Miami, FL
33131-2398
Office of Radiation Control
Department of Health and
Rehabilitative Services
1317 Winewood Boulevard
Tallahassee,
FL
32399-0700
Director
Division of Emergency
Preparedness
Department of Community Affairs
2740 Center view Drive
Tallahassee,
FL
32399-2100
County Administrator
St. Lucie County
2300 Virginia Avenue
Ft. Pierce,
FL
34982
FP8L
Distribution w/encl 1:
LCallan,
HThompson,
DEDR
AThadani,
DEDE
OEDO
LChandler,
JGoldberg,
BBoger,
EJulian,
SECY
BKeeling,
CA
Enforcement Coordinators
RI, RIII, RIV
JLieberman,
JLusher,
EHayden,
GCaputo,
TMartin,
HBell, OIG
FHebdon,
CEvans,
RII
ABoland, RII
JJohnson,
RII
JJaudon,
RII
BSchin,
RI.I (IFS Action Required)
HWhitener, RII
JMoorman, RII
KClark, RII
RTrojanowski, RII
LWatson, RII
BCrowley, RII
GHopper, RII
Distr'tion w/all encls:
PUBLI
- A File (BSummers)
(2 letterhead)
S. Rudisail, RII
BGleaves,
NRC Resident
Inspector
U.S. Nuclear Regulatory
Comm.
7585 South Highway A1A
,Jensen
Beach,
FL
34957-2010
SEHO TO PIBLIC OOCUHEHT ROOH2
YES
OFFICE
RlI~il
Sl
ature
RlI:ORP
LPlis
Rl I:ORA
C vans
Rl:ORA
04/ 05
/98
hfdf i
../9s
04/
9s
04/
/98
YES
HO
/98
COPY2
YES
HO )
YES
HO
YES
HO
OFFICIAL RECORD COPY
DOCUHENT NAH .
K1970PEN. ENFK98064STL. DIRKFINAL.
)
'V
l
PUHLIC
0