ML17333A218
| ML17333A218 | |
| Person / Time | |
|---|---|
| Site: | Cook  |
| Issue date: | 12/08/1995 |
| From: | NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| To: | |
| Shared Package | |
| ML17333A217 | List: |
| References | |
| 50-315-95-11, 50-316-95-11, NUDOCS 9512140235 | |
| Download: ML17333A218 (3) | |
Text
NOTICE OF VIOLATION Indiana Nichigan Power Company Donald C.
Cook Nuclear Plant Docket Nos.
50-315; 50-316 License Nos.
DPR-'58; DPR-74 EA 95-219 During an NRC inspection conducted on September 19,
- 1995, a violation of NRC requirements was identified.
In accordance with the "General Statement of Policy and Procedure for NRC Enforcement Actions," NUREG-1600 (60 FR 34381; June 30, 1995),
the violation is listed below:
10 CFR 26.24(a)(l) requires that a licensee provide a means to deter and detect substance abuse by implementing chemical testing programs for persons subject to this part.
The program shall include testing within 60 days prior to the initial granting of unescorted access to protected areas or assignment to activities within the scope of this part.
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.
OPR-58 and Amendment No.
9 to License No.
DPR-
-74 for the Donald 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."
Paragraph 12.2 of Access Authorization Program Procedure 12 PHP 2060 SEC.010, Revision 16, requires Cook Plant Security to review available data pertaining to the individual and proceed with processing in accordance with access requirements which include fitness for duty testing.
Section 12.2.5 of this procedure states that the licensee may grant temporary unescorted access authorization if chemical testing has been performed with no indications of chemical abuse.
Donald C. Cook Access Control Administrative Guideline No. AC-003, Revision 1,
Section 4.1.3, states, in part, "Attachment 1 outlines adverse FFD data which, unless refuted, shall result in denial or suspension of unescorted access authorization."
Item (1) of Attachment 1 identifies positive results for the presence of alcohol and/or drugs when pre-access testing is conducted as "adverse data" resulting in denial/suspension of unescorted access authorization.
95i2i40235 95i208 PDR ADQCK 050003i5 6
Notice of Violation Contrary to the above, on August 16,
- 1995, the licensee failed to review fitness for duty pre-access test results to ensure that a negative pre-access test result had been received for an individual prior to granting unescorted access to protected/vital areas.
On August 17,
- 1995, the individual was granted unescorted
- access, and from August 19 through August 22, 1995, the individual worked with unescorted access status in the plant protected/vital areas.
The licensee subsequently determined that this individual tested positive for a controlled substance and would have denied access to this individual had this information been evaluated.
(01013)
This is a Severity Level III violation (Supplement III).
The NRC has concluded that information regarding the reason for the violation, the corrective actions taken and planned to correct the violation and prevent recurrence is already adequately addressed on the docket in Inspection Report No. 50-315/316/95011(DRS),
LER 95-S-001, and a letter from the Licensee dated November 15, 1995.
However, you are required to respond to the provisions of 10 CFR 2.201 if the description in the'ocketed materials referenced above does not accurately reflect your corrective actions or your position.
In that
- case, or if you choose to respond, clearly mark your response as a "Reply to a
Notice of Violation," and send it 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).
Dated at Lisle, Illinois this 8th day of December 1995
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