ML17332A984
| ML17332A984 | |
| Person / Time | |
|---|---|
| Site: | Cook  |
| Issue date: | 10/16/1995 |
| From: | Grant G NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| To: | Fitzpatrick E INDIANA MICHIGAN POWER CO. (FORMERLY INDIANA & MICHIG |
| Shared Package | |
| ML17332A985 | List: |
| References | |
| NUDOCS 9510200126 | |
| Download: ML17332A984 (7) | |
See also: IR 05000315/1995011
Text
October
16,
1995
EA 95-219
Nr.
E.
E. Fitzpatrick
Senior Vice President
Nuclear Generation
Company
1 Riverside
Plaza
Columbus,
OH
43216
Dear Hr. Fitzpatrick:
This refers to the inspection
conducted
on September
19,
1995, at the
Donald C.
Cook Nuclear Plant, Units
1 and 2.
The purpose of the inspection
was to determine
whether activities authorized
by the licenses
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.
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"
June
30, .1995).
The violation
involved
a contractor inappropriately
being granted
unescorted
access
to the
plant's protected
and vital areas after testing positive for a controlled
substance.
This issue
was reported to us
on August 22,
1995, via the
Emergency Notification System
under
10, CFR 73.71
(Licensee
Event Report
95-S-001).
The circumstances
surrounding this apparent violation, the
significance of the issues,
and the need for lasting
and effective corrective
action were discussed
with members of your staff at the inspection exit on
~ September
19,
1995.
As'
result, it may not be necessary
to conduct
a
predecisional
enforcement
conference
in order to enable'he
NRC to make
an
enforcement
decision.
However,
a Notice of Violation is not presently
being
issued for these
inspection findings.
Before the
NRC makes its enforcement
decision,
we are providing you
an opportunity to either (1) respond to the
apparent violation addressed
in this inspection report within 30 days of the
date of this letter, or (2) request
a predecisional
enforcement
conference.
Your response
should
be clearly marked
as
a "Response
to an Apparent Violation
in Inspection
Report
No. 50-315/95011
and 50-316/95011"
and should include for
the apparent violation:
(1) the reason for the apparent violation, or, if
contested,
the basis for disputing the apparent 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.
We note that
an escalated
action
was previously
Q~OQ f
~l
)
~t
D
95f0200i2b 9510ib
ADOCK 050003i5
8
E.
E. Fitzpatrick
issued to you on February
28,
1995
(EA 95-002) involving the inadvertent
granting of unescorted
access
to an indi.vidual
who you later determined
should
not have
been granted
such access.
Your response
to the apparent violation
should
be sufficiently comprehensive
to prevent recurrence of similar
violations.
Your response
should
be submitted
under oath or affirmation and
may reference
or include previous docketed
correspondence, if the
correspondence
adequately
addresses
the required response.
If an adequate
response
is not received within the time specified or an extension of time has
not been granted
by the
NRC, the
NRC will proceed with its enforcement
decision or schedule
a predecisional
enforcement
conference.
If you choose
not to provide
a response
and would prefer participating in
a
predecisional
enforcement
conference,
please
contact
James
R. Creed at (708)
829-9857
as
soon
as possible.
In addition,
please
be advised that the number
and characterization
of the
apparent violations described
in the enclosed
inspection report
may change
as
a result of further
NRC review.
You will be advised
by separate
correspondence
of the results of our deliberations
on this matter.
In accordance
with 10 CFR 2.790 of the NRC's "Rules of Practice,"
a copy of
this letter, its enclosure,
and your response-(if
you choose to provide one)
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.
The response
to the apparent violation described
in the enclosed
inspection
report is not subject to the clearance
procedures
of'the Office of Management
and Budget
as required
by the Paperwork Reduction Act of 1980,
Pub.
L.
No.96-511.
Sincerely,
Original Signed
by Geoffrey E. Grant
Geoffrey
E. Grant, Director
Division of Reactor Safety
Docket Nos.
50-315;
50-316
License
Nos.
Enclosure:
Inspection
Reports
No. 50-315/95011(DRS);
No. 50-316/95011(DRS)
Distribution:
See attached list
SEE
ATTACHED CONCURRENCES
DOCUMENT NAME:
A:DCC95011.DRS
q )~t.P'"
To receive e copy of this document, Indicate In the box: "C
~ Copy w/o ett/encl
"E" ~ Copy w/ett/encl "N" ~ No copy
RIII
OFFICE
RI II
RIII
JBelan er:j
JCreed
WKro
10/
/95
OFFICIAL RECORD
COPY
DATE
10/
/95
10/
/95
RIII
BBur
s
10/
'5 /95
RIII
GGran
10/14
5
E.
E. Fitzpatrick
contested,
the basis for disputing the apparent violation, (2) the corrective
steps that have
been taken
and the resul,ts
achieved,
(3) the corrective steps
that will be taken to avoid further violations,
and
(4) the date
when full
compliance will be achieved.
Your response
should
be submitted
under oath or
affirmation and
may reference
or include previous docketed
correspondence, if
the correspondence
adequately
addresses
the required response.
If an adequate
response
is not received within the time specified or an extension of time has
not been granted
by the
NRC, the
NRC will proceed with its enforcement
decision or schedule
a predecisional
enforcement conference.,
If you choose
not to provide
a response
and would prefer participating in a
predecisional
enforcement
conference,
please
contact
James
R. Creed at (708)
929-9857
as
soon
as possible.
In addition,
please
be advised that the number
and characterization
of the
apparent violation described
in the enclosed
inspection report
may change
as
a.
result of further
NRC review.
You will be advised
by separate
correspondence
of the results of our deliberations
on this matter.
In accordance
with 10 CFR 2.790 of the
NRC's "Rules of Practice,"
a copy of
this 'letter, its enclosure,
and your response (if you choose to provide one)
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.
The response
to the apparent violation described
in the enclosed
inspection
report is not subject to the clearance
procedures
of the Office of Management
and Budget
as required
by the Paperwork
Reduction Act of 1980,
Pub.
L. No.
96.511.
Sincerely,
Docket Nos.
50-315;
50-316
Licenses
No. DPR-58;
.Geoffrey E. Grant, Director
Division of Reactor Safety
Enclosure:
Inspection
Report
No. 50-315/95011(DRS);
No. 50-316/95011(DRS)
See Attached Distribution
DOCUMENT NAME:
A:DCC95011.DRS
To receive a copy ot this document, indicate In the botu
C
~ Copy without attachment/enclosure
E" ~ Copy with attachment/enclosure
"N
~ No copy
OFFICE
NAME
RIII
JBela
er:jp
RIII
RIII
WKropp
RIII
BBurgess
RIII
GGrant
DATE
10/lO /95
10/
/95
10/
1/ /95
10/
/95
10/
/95
OFFICIAL R CORD COPY
0
~
~
~
Distribution:
Letter to E.
E. Fitz atrick
Dated:
cc w/encl:
A. A. Blind, Plant Manager
James
R. Padgett,
Michigan Public
Service
Commission
Michigan Department of Public Health
Distribution:
Docket File w/encl
PUBLIC IE-04 w/encl
OC/LFDCB w/encl
SRI D.
C.
Cook w/encl
DRP w/encl
RIII PRR w/encl
LPM,
NRR w/encl
IPAS w/encl
J.
Lieberman,
OE w/encl
S. Lewis,
OGC w/encl
R.
Zimmerman,
NRR w/encl
L. Cunningham,
NRR w/encl