ML18102B597

Discusses Predecisional Enforcement Conference Relative to Investigation Repts 1-96-031 & 1-96-024.Apparent Violations Identified & Being Considered for Escalated Enforcment Action.Redacted Investigation Rept & Synopsis of Other Encl

ML18102B597
Person / Time
Site:	Salem, Hope Creek
Issue date:	10/01/1997
From:	Wiggins J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
To:	Eliason L Public Service Enterprise Group
Shared Package
ML18102B598	List: ML18102B597 ML18102B599 ML20217E785
References
EA-97-420, EA-97-422, NUDOCS 9710070187
Download: ML18102B597 (5)

Text

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EA 97-420 EA 97-422 Mr. Leon R. Eliason Chief Nuclear Officer & President Nuclear Business Unit October 1, 1997 Public Service Electric and Gas Company P.O. Box 236 Hancocks Bridge, New Jersey 08038

SUBJECT:

PREDECISIONAL ENFORCEMENT CONFERENCES RELATIVE TO NRC INVESTIGATIONS 1-96-031 AND 1-96-024

Dear Mr. Eliason:

This letter refers to* investigations conducted at the Salem and Hope Creek Nuclear Generating Stations by the NRC Office of Investigations (01) Field Office, Region I. The purpose of the investigations was to determine whether certain activities authorized by your license were conducted in accprdance with NRC requirements. A redacted copy of

. one investigation report and a synopsis of the other are enclosed.

Based on the findings of the first investigation ( 1-96-031), an apparent violation was identified and is being considered for escalated enforcement action in accordance with the "General Statement of Policy and Procedures for NRC Enforcement Actions" (Enforcement Policy), NUREG-1600. The apparent violation involves Title 10, Code of Federal Regulations (CFR), Section 50. 7 (Employee protection). 10 CFR 50. 7 prohibits a licensee from discriminating against any employee for engaging in certain protected activities. The investigation indicates that a contract security officer employed by the Wackenhut Corporation was discriminated against for her involvement in raising safety concerns, causing you to be in apparent violation of 10 CFR 50. 7.

Specifically, on August 22, 1996, the security officer was placed on annual leave without pay for allegedly speaking with an NRC representative the previous day regarding a security incident that occurred on June 5, 1996. The June 5, 1996 incident involved the failure to test an intrusion detection system, as documented in NRC inspection report no.

50-272/96:..14, 50-311/96-14, and 50-354/96-08, as an apparent violation. A severity level IV violation was issued on December 11, 1996, for this problem.

In accordance with NRC policy, an opportunity is provided to hold an Enforcement Conference with you to discuss this matter. Since our evaluation is c~ntinuing we are not issuing any Notice of Violation at this time.

Additionally, we would like to discuss the results of the second NRC investigation ( 1 024) that includes an apparent deliberate violation of 10 CFR 50.9 (Completeness and Accuracy of Information). More specifically, security personnel falsely documented that compensatory measures were in place at designated security posts within the required time\\\\(

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2 following the crash of the Salem Generating Station security computer system on May 25, 1 996. Based on evidence developed during the NRC investigation, the deliberate actions of two Wackenhut Corporation security personnel resulted in inaccurate information regarding the posting of compensatory measures being recorded in the Safeguards Event Log. A synopsis of NRC investigation report no. 1-96-024 is enclosed.

In particular, regarding the inaccurate information issue, we want to understand all of the corrective actions you have taken to address the deliberate misconduct by Wackenhut personnel, upon identification of the log inaccuracy as presented in your and Wackenhut Nuclear Services Division's final "Event Investigation And Security Program Evaluation,"

dated August, 1996. Also, we want to understand all subsequent action(s) you have taken, including reporting of this issue upon the discovery of this matter and issuance of the final investigation report, per 10 CFR 73.71 (Reporting of Safeguards Events).

In accordance with previous discussions between Mr. Louis Storz of Public Service Electric and Gas Company, and Mr. James Linville of this office, predecisional enforcement conferences have been scheduled with you to discuss these matters, on October 24, 1997, beginning at* 10:00 a.m., at our Region I office in King of Prussia, Pennsylvania.

The first conference will be open to public observation. The second conference will be

• conducted immediately following the first conference and will be closed to public observation. Both enforcement conferences will be transcribed. As discussed with Mr.

Storz, Wackenhut Corporation Management has been asked to attend both conferences and we specifically requested that, at a minimum, the two Wackenhut employees involved in the documentation inaccuracy attend the second conference. Additionally, you are welcome to bring any additional PSE&G or Wackenhut personnel to either of these conferences.

We have offered the security officer involved in the first issue, the opportunity to observe the open enforcement conference with your organization. We have informed her that we will arrange for her to answer questions at the end of this conference without licensee presence, if she should so desire, in order to preclude any perception of duress, and that she may be accompanied by legal counsel or representation.

The provision to hold an enforcement conference does not mean that the NRC has determined that enforcement action will be taken. The purpose of these conferences is to discuss the apparent violations, cause(s) and safety significance, and to provide you the opportunity to point out any errors in our understanding of the apparent violations. In addition, this is an opportunity for you to provide any information concerning your perspectives on the nature of the apparent violations, aggravating or mitigating circumstances that the NRC should consider, and other information that will help the NRC determine the appropriate enforcement action.

Also, we want to understand any differences between the corrective actions you have taken for each of these apparent violations and those actions implemented previously, associated with other past security.related problems and harassment and intimidation for which the NRC has taken enforcement action against you (reference EA 96-344 and EA 96-177).

3 You will be advised by separate correspondence of the results of our deliberations on these matters. No response regarding these issues is required at this time.

If you have any questions on either matter, please contact Mr. Michael Modes of our office at 1-800-432-1156, extension 5198.

In accordance with 10 CFR 2. 790 of the NRC's "Rules of Practice," a copy of this letter and its enclosures will be placed in the NRC Public Document Room.

Sincerely, Original Signed By:

James T. Wiggins, Director Division of Reactor Safety Docket Nos. 50-272; 50-311; 50-354

Enclosures:

1.

2.

Investigation Report No. 1-96-031 {redacted version)

Investigation Report No. 1-96-024 (synopsis)

4 cc w/encl:

L. Storz, Senior Vice President - Nuclear Operations E. Simpson, Senior Vice President - Nuclear Engineering E. Salowitz, Director - Nuclear Business Support A. F. Kirby, Ill, External Operations - Nuclear, Delmarva Power & Light Co.

J. A. Isabella, Manager, Joint Generation Atlantic Electric D. Garchow, General Manager - Salem Operations M. Bezilla, General Manager - Hope Creek Operations J. McMahon, Director - Quality Assurance & Nuclear Safety Review D. Powell, Manager - Licensing and Regulation R. Kankus, Joint Owner Affairs A. c: Tapert, Program Administrator Jeffrey J. Keenan, Esquire Consumer Advocate, Office of Consumer Advocate William Conklin, Public Safety Consultant, Lower Alloways Creek Township Public Service Commission of Maryland State of New Jersey State of Delaware

Distribution w/encls:

Region I Docket Room.(with concurrences)

W. Axelson, ORA C. O'Daniell, DRP D. Screnci, PAO D. Holody, OE, RI J. Lieberman, OE

• Nuclear Safety i'ntormation Center (NSIC)

NRC Resident Inspector PUBLIC Distribution w/encls: (Via E-mail)

R. Zimmerman,. ADPR, NRR Fay Davis, NRR Anne Nicosia, NRR J. Lieberman, OE (OEMAIL)

D. Holody, OE, RI B. Fewell, ORA W. Dean, OEDO J. Stolz, PDl-2, NRR D. Jaffe, Project Manager, NRR L. Olshan, Project Manager, NRR M. Callahan, OCA D. Nelson, OE R. Correia, NRR F. Talbot, NRR Inspection Program Branch, NRR (IPAS)

DOCUMENT NAME:

A:\\2INVPSEG.H&I 4

To receive 11 copy of this document, Indicate in the box: *c* = Copy without attachment/encl re "E" = Copy with attachment/enclosure "N" = No copy OFFICE RI/DRP RI/

RI/DRS NAME Linville/meo DATE 09/25/97 7