ML19260D489

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Responds to Util 791119 Answer to NRC 791026 Notices of Violation & Proposed Imposition of Civil Penalties.Station Safety & Security Compromised by Incident.Denies Request for Remission of Civil Penalty in Amount of $5,000
ML19260D489
Person / Time
Site: Pilgrim
Issue date: 01/21/1980
From: Stello V
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE)
To: Andognini G
BOSTON EDISON CO.
Shared Package
ML19260D490 List:
References
NUDOCS 8002110134
Download: ML19260D489 (2)


Text

JAN 21 M Docket No. 50-293 oN Boston Edison Company M/C Nuclear

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..N ATTH: Mr. G. Carl Andognini Manager - Nuclear Operations K

Department 3

800 Boylston Street Boston, Massachusetts 02199 Gentlemen; This is in response to your letter dated November 19, 1974 which was in response to the Notice of Violation and Notice of Proposed Imposi, sn of Civil Penalties sent to you with our letter dated October 26, 1979.

The Notice of Violation accompanying our October 26, 1979 letter identified an item of nonccmpliance reviewed during a Nuclear Regulatory Commission inspection on July 12 and 13, 1979, of the implementation of your physical security program at the Pilgrim Nuclear Power Station and the letter requested that you include in your reply the specific corrective actions initiated to assure that your physical security program and related procedures are properly implemented.

By your response we note that you agree that the incident did occur and that you have taken corrective steps to preclude a recurrence of this type of incident.

The corrective preventive actions documented in Attachment A to your reply will be examined during a subsequent inspection of your 1; censed program.

We have reviewed your request contained in Attachment B to your response for reconsideration and remission of the imposition of the proposed civil penalties.

The basis for your request is in essence that the Bosten Edison Company, acted responsibly once it identified the incident in that it removed the unauthorized person, notified and cooperated with the Commission, and took timely corrective action.

In addition, you allege that the station's safety and security was not compromised during the incident in that the unauthorized person was in a sleeping compartment of a vehicle's cab that was monitored by an armed security guard in the cab.

In our view the incident did comoromise the station's safety and security as a situation occurred where the' access controls to the protected and vital areas were'not effective.

Potential for an act of sabotage was created by the presenca of the undetected and unauthorized person who, if suitably armed, could have overpowered the unsuspecting security guard. We have not disregarded your expeditious reporting of and immediate attention to the incident. However, such a response is expected of licensees, and in view.of the seriousness of the incident, it is not a basis for remission of the civil penalty. Therefore, your request is denied.

Accordingly, I have issued the enclosed Order on Boston Edison Company imposing civil penalties in the amount of $5,000.

CERTIFIED MAIL loaq Ul0 4

f RETURN RECEIPT RE00ESTED

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Boston Edison Corepany M/C Nuclear,

In accordance with Section 2.790(d) of the NRC's " Rules of Practice," Part 2, Title 10, Code of Federal Regulations, documentation of findings of your control and accounting procedures for safeguarding special nuclear materials and your facility security' procedures are exempt from disclosure; therefore, the enclosures to the referenced etter (Appendix A and B), will not be placed in the Publice Document Room.

Sincerely, Victor Stello, Jr.

Director Office of Inspection and Enforcement

Enclosure:

Order I= posing Civil Penalties cc w/ enclosure:

P. J. McGuire, Pilgrim Station Manag Distribution:

POR J. Cooks, OMPA NSIC

. Cummings, CIA LPDR Snyder, RI TIC C. Upright, RII Comaowealth of Massachusetts C.

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, IE D. Thompson, IE N. C. Moseley, IE Central (iles E. M. Hcward, IE Civil Penalty Book CA (3)

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