ML18059B146
| ML18059B146 | |
| Person / Time | |
|---|---|
| Site: | Palisades  |
| Issue date: | 08/17/1994 |
| From: | NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| To: | |
| Shared Package | |
| ML18059B145 | List: |
| References | |
| EA-94-059, EA-94-59, NUDOCS 9408230029 | |
| Download: ML18059B146 (4) | |
Text
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NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY Consumers Power Company Palisades Nuclear Plant Docket No. 50-255 License No. DPR-20 EA 94-059 During an NRC inspection conducted from March 1 thro.ugh April 21, 1994, violations of NRC requirements were identified.
In accordance with the "General Statement of Policy and Procedure for NRC Enforcement Actions," 10 CFR Part 2, Appendix C, the Nuclear Regulatory Conunission proposes to impose a civil penalty pursuant to Section 234 of the Atomic Energy Act of 1954, as amended (Act), 42 U.S.C. 2282, and 10 CFR 2.205.
The particular violations and associated civil penalty are set forth below.
I.
Violations Assessed a Civil Penalty A.
10 CFR 73.2l(h) states that Safeguards Information may be processed or produced on an automatic data processing (ADP) system provided, in part, that the system is self-contained within the licensee's facility._
Contrary to the above, from about October 1982 through January 25, 1994, Safeguards Information was processed and/or produced on ADP systems which were not self-contained within the licensee's facility in that they could be accessed from locations in the owner-controlled area and offsite.
(01013)
B.
10 CFR 73.2l(g)(3) requires that, except under emergency or extraordinary conditions, Safeguards Information shall be transmitted only by protected teleconununications circuits approved by the NRC.
Contrary to the above, from October 22, 1982 to 1991, Safeguards Information was frequently, under routine conditions, transmitted on unprotected teleconununications circuits between the licensee's corporate office in Jackson, Michigan and th~ Palisades site.
(01023)
C.
10 CFR 73.2l(d)(2) requires that, -while unattended; Safeguard~
Information be stored in a locked security storage container.
Contrary to the above:
- 1.
Between October 1982 and 1991, two computer tapes containing Safeguards Information located in the licensee's corporate office in Jackson, Michigan which is outside the protected area, were not stored in a locked security storage container while unattended.
- 2.
Between June 1992 and January 25, 1994, 24 computer tapes and 257 electrical drawings containing Safeguards Information located in the owner-controlled area, which is 9408230029 940817 PDR ADOCK 0500025S O
outside the protected area, were not stored in a locked security storage container while unattended. (01033)
D.
10 CFR 73.2l(e) requires that each document or other matter that contains Safeguards Information shall be marked "Safeguards Information" in a conspicuous manner to indicate the presence of protected information.
Contrary to the above, between June 1992 and January 25, 1994, 24 computer tapes containing Safeguards Information located in the owner-controlled area were not marked "Safeguards Information" in a conspicuous manner to indicate the presence of protected information. (01043)
This is a Severity Level Ill problem (Supplement Ill).
Civil Penalty - $25,000.
II.
Violations Not Assessed a Civil Penalty A.
10 CFR 73.2l(d)(2) requires that, while unattended, Safeguards Information be stored in a locked security storage container.
Contrary to the above, between September 1989 and January 28, 1994, 31 computer tapes containing Safeguards Information located inside the protected area were not stored in a locked security storage container while unattended. (02014)
This is a Severity Level IV violation (Supplement Ill).
- 8.
10 CFR 73.2l(e) requires that each document or other matter that contains Safeguards Information shall be marked "Safeguards Information" in a conspicuous manner to indicate the presence of protected information.
Contrary to the above,
- 1.
Between September 1989 and January 28, 1994, 31 computer tapes containing Safeguards Information located inside the protected area were not marked "Safeguards Information" in a conspicuous manner to indicate the presence of protected information.
- 2.
Between October 1982 and 1991, two computer tapes containing Safeguards Information located in the licensee's corporate office were not marked "Safeguards Information" in a conspicuous manner to indicate the presence of protected information. (03014)
This is a Severity Level IV violation (Supplement Ill).
Pursuant to the.provisions of 10 CFR 2.201, Consumers Power Company (licensee) 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 Ill, 801 Warrenville Road, Lisle, Illinois 60532-4351, and a copy to the NRC Resident Inspector at the Palisades Nuclear Plant, 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}.admission or denial of the alleged violation, (2} the reasons for the violations, or, if denied, the reasons why, (3} the corrective steps that have been taken and the results achieved, (4} the corrective steps that will be taken to avoid further violations, and (5} 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 may 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.
Within the same time as provided for the response required above under 10 CFR 2.201, the Licensee may pay the civil penalty(ies} by letter addressed to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, with a check, draft, money order, or electronic transfer payable to the Treasurer of the United States in the amount of the civil penalty proposed above, or the cumulative amount of the civil penalties if more than one civil penalty is proposed, or may protest imposition of the civil penalty(ies}, in whole or in part, by a written answer addressed to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission.
Should the Licensee fail to answer within the time specified, an order imposing the civil penalty(ies} will be issued. Should the Licensee elect to file an answer in accordance with 10 CFR 2.205 protesting the civil penalty(ies), in whole or in part, such answer should be clearly marked as an "Answer to a Notice of Violation" and may:
(1) deny the violation(s) listed in this Notice, in whole or in part, (2) demonstrate extenuating circumstances, (3) show error in this Notice, or (4) show other reasons why the penalty(ies) should not be imposed.
In addition to protesting the civil penalty(ies), in whole or :in part, such.
answer may request remission or mitigation of the penalty{ies).
In requesting mitigation of the proposed penalty(ies), the factors addressed in Section VI.8.2 of 10 CFR Part 2, Appendix C should be addressed.
Any written answer in accordance with 10 CFR 2.205 should be set forth separately from the statement or explanation in reply pursuant to 10 CFR 2.201, but may incorporate parts of the 10 CFR 2.201 reply by specific reference (e.g.,
citing page and paragraph numbers) to avoid repetition. The attention of the Licensee is directed to the other provisions of 10 CFR 2.205, regarding the procedure for imposing a civil penalty(ies).
Upon failure to pay any civil penalty(ies) due which subsequently has been determined in accordance with the applicable provisions of 10 CFR 2.205, this matter may be referred to the Attorney General, and the penalty(ies), unless compromised, remitted, or mitigated, may be collected by civil action pursuant
to Section 234(c) of the Act, 42 U.S.C. 2282c.
- The response noted above (Reply to Notice of Violation, letter with payment of civil penalty(ies), and Answer to a Notice of Violation) should be addressed to: Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, D.C. 20555 with a copy to the Regional Administrator, U.S. Nuclear Regulatory Commission, Region III and a copy to the NRC Resident Inspector at the facility that is the subject of this Notice.
Dated at Lisle, Illinois this _lL day of August 1994
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