ML17332A706
| ML17332A706 | |
| Person / Time | |
|---|---|
| Site: | Cook  |
| Issue date: | 02/28/1995 |
| From: | NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| To: | |
| Shared Package | |
| ML17332A705 | List: |
| References | |
| 50-315-94-23, 50-316-94-23, NUDOCS 9504050131 | |
| Download: ML17332A706 (2) | |
Text
NOTICE OF VIOLATION Indiana Hichigan Power Company D.
C.
Cook Docket Nos.
50-315; 50-316 License Nos.
DPR 58; DPR-74 EA 95-002 During an NRC inspection conducted on December 8, 9, 20,
- 1994, and January 4,
- 1995, a violation of NRC requirements was identified.
In accordance with the "General Statement of Policy and Procedure for NRC Enforcement Actions,"
10 CFR Part 2, Appendix C, the violation is listed below:
10 CFR 73.56(a) requires that the access authorization program be incorporated into the site Physical Security Plan as provided for by 10 CFR 50.54(p)(2).
10 CFR 73.56(b)(3) requires that a licensee base its decision to grant,
- deny, revoke, or continue an individual's access authorization on review and evaluation of all pertinent information developed.
Amendment No.
27 to License No.
DPR-58 and Amendment No.
9 to License No.
DPR-74 for the D.C.
Cook Nuclear Plant states, in part, "The licensee shall maintain in effect and fully implement all provisions of the commission approved physical security plan, including amendments and changes made pursuant to the authority of 10 CFR 50.54(p).
Section
- 2. 1. 1 of the licensee's security plan states that "Plant Access Authorization Procedures shall be followed to provide high assurance that individuals granted unescorted access to protected and vital areas are trustworthy and reliable and do not constitute an unreasonable risk to public health and safety, including the potential to commit radiological sabotage."
Section 8.3.5 of Implementing Procedure 12 PHP 2060 SEC. 010 (Access Authorization Program) requires that Cook Plant Security assure that data developed as a result of a background screening investigation be properly adjudicated.
Section 4.3 of Access Control Administrative Guideline AC-003, titled "Background Screening Review Guidelines", states that all data obtained as a
result of the background investigation shall be considered when making a
determination to grant unescorted access authorization.
Contrary to the above, on February 8 and June 13-14, 1994, the licensee failed to base its decision for continued access authorization on review and evaluation of all pertinent information developed
- and, consequently, an individual, who had been granted unescorted access who otherwise would not have been granted it was allowed to retain that access authorization.
Specifically, the licensee received information on February 8 that an individual had been denied access at a nuclear power plant in spite of his statements to the contrary, but the licensee failed to properly consider that information with respect to the individual's continued access authorization.
The licensee received written information in Hay 1994 of that same past denied access (for drug use) which it then evaluated improperly in that the licensee 9504050i3i 950228 PDR ADOCK 050003i5 8
Notice of Violation 2'pgraded the individual's temporary access authorization to full access authorization on June 13-14, 1994.
(01013)
This is a Severity Level III violation (Supplement III).
Pursuant to the provisions of 10 CFR 2.201, Indiana Michigan Power Company is hereby required to submit a written statement or explanation to the U.S.
Nuclear Regulatory Commission, ATTN:
Document Control
- Desk, Washington, D.C.
20555 with a copy to the Regional Administrator, Region III, and a copy to the NRC Resident Inspector at the facility that is the subject of this Notice, within 30 days of the date of the letter transmitting this Notice of Violation'Notice).
This reply should be clearly marked as a "Reply to a Notice of Violation" and should include for each violation:
(1) the reason for the violation, or, if contested, the basis for disputing the violation, (2) the corrective steps that have been taken and the results
- achieved, (3) the corrective steps that will be taken to avoid further violations, and (4) the date when full compliance will be achieved.
If an adequate reply is not received within the time specified in this Notice, an order or a
Demand for Information may be issued to show cause why the license should not be modified, suspended, or revoked, or why such other action as may be proper should not be taken.
Where good cause is shown, consideration will be given to extending the response time.
Under the authority, of Section 182 of the Act, 42 U.S.C.
2232, this response shall be submitted under oath or affirmation.
Dated at Lisle, Illinois this,gg day of February 1995