ML19290E029
| ML19290E029 | |
| Person / Time | |
|---|---|
| Site: | Pilgrim |
| Issue date: | 01/21/1980 |
| From: | Stello V NRC OFFICE OF INSPECTION & ENFORCEMENT (IE) |
| To: | Andognini G BOSTON EDISON CO. |
| References | |
| NUDOCS 8003040028 | |
| Download: ML19290E029 (2) | |
Text
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UNITED STATES h
NUCLEAR REGULATORY COMMISSION
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WASHINGTON, 0. C. 20555 Nv f JAN 21 ISSU Occket No. 50-293 Boston Edison Company M/C Nuclear ATTN:
Mr. G. Carl Andognini Manager - Nuclear Operations Department 800 Soylston Street Boston, Massacnusetts 02199 Gentlemen:
This is in resconse to your letter cated Novemcer 19, 1979, which was in resacnse to the Notice of Violation and Notice of Proposed Imoosition of Civil Penalties sent to you with our letter datec October 26, 1979.
The Notice of Violation accompanying our October 26, 1979 letter icentifiec an item of noncocoliance reviewed during a Nuclear Regulatory Commission inspection on July 12 and 13,1979, of the implementation of your physical s.scurity ;ro; ar at the Pilgrim Nuclear Power Station and the letter requested that you incluce in your reply the specific corrective actions initiated to assure tnat your physical security orogram and relatec procedures are properly ic.clemented.
Ey your response we note that you agree that the incident did occur and nat you have taken corrective steps to preclude a recurrence of this type of incicent.
The corrective preventive actions documenteo in Attachment A to your reply mil be examined during a suosecuent inspection of your licensed program.
We have reviewed your request contained in Attachment 8 to your response for reconsideration and remission of the irncosition of the proposed civil penalties.
The basis for your recuest is in essence that the Boston Edison Company, acted responsibly once it identified the incident in that it removed the unauthorized person, notified and cooperated with the Coraission, 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 compromise the station's safety and security as a si,tuation occurred where the access controls to the protected and vital areas were'not effective.
Potential for an act of sabotage was created by the presence 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 remissh n 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 55,000.
CERTIFIED MAIL RETURN RECEIPT RE0' ESTED J
B 003 0 40 g g
JAN 21 ISc0 Boston Edison Cocpany M/C Nuclear In accordance '-ith Section 2.790(c) of tne NRC's " Rules of Practice," Par: 2, Title 10, Code cf Feceral Regulations, documentation of findings of ycur control and accounting crccecures for safeguarding special nuclear materials and your f acility security Crocedures are exempt frca disclosure; therefore, the enclosures to the referer.ced letter (Appendix A and 3), will not be placed in the Puolic Document Room.
Sincerely, r.
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Victor SEETlo, Jr.
Director Office cf Inscection and Enforcement
Enclosure:
Crcer Itoosing Civil Penalties cc w/enciesure:
P. J. McGuire, Pil;ri. Station Manager
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
)
)
30STON EDISCN COMPANY
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Docket No. 50-293 800 Boylston Street
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(Facility Goerating License Boston, Massachusetts 02199
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No. OPR-35)
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(Pilgrim Stati a, Unit 1)
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ORDER IMPOSING CIVIL MONETARY PENALTIES I
Soston Edison Company, 300 Soylston Street, Soston, Massachusetts ("tne licensee")
is the holder of Facility Operating License No. OPR-35 ("the license"), wnich authorizes the cocoany to operate Pilgrim Station, Unit 1 in Plymouth County, Massachusetts, uncer certain specified conditions.
Facility Operating License No. D?R-35 was issued oy the Nuclear Regulatory Commission (the " Commission")
on June 8,1972, and is due to expire on August 25, 2008.
II As a result of an unauthorited individual passing undetected into the protected area and subsequently into a vital area at Pilgrim Nuclear Power Station on the morning of July 11, 1979, a special inspection was conducted on July 12-13, 1979, to determine the circumstancos of the occurrence.
From the findings of the inspection, it appears that the licensee has not conducted its activities in full compliance with the conditions of the license and with the requirements of the NRC's " Physical Protection of Plants and Materials," Part 73, Title 10, Code of Federal Regulations.
A written Notice of Violation was served upon the licensee by letter dated October 25, 1979, specifying the items of noncompliance NIllol3c WDUw y
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. in accordance with 10 CFR 2.201.
A Notice of Proposed Imposition of Civil Penalties dated October 25, 1979, was served concurrently upon the licensee in accordance with Section 234 of the Atomic Energy Act of 195a, as amenced, (a2 U.S.C. 22 2), and 10 CFR 2.205, incorporating by reference the Notice of Violation, wnich stated the naturc of the items of noncomo!iance anc the pro-visions of NRC reculations anc license conditions with whicn the licensee was in nonce pliance.
A res:onse ca ac ',3vem:er 19,1979, to ;P.e Notice Of Viola;4 cn anc Notice of Procosec Imcositica of Civil :enalties was receivec ' om :.9e licensee.
III Upon consideration of the answe receivec and the statements of fact, exolanation, and arg' ament in denial or -itigati:n contained therein, the Direc*Cr Cf the Office of Inspection and Enforcement has determineo that the penalty pr0Cosed for the item of noncocaliance cesignated in the Notice of Violation should be imposed.
IV In view of the foregoing and pursuant to Section 234 of the Atomic Energy Act of 1954, as acended, (42 U.S.C. 2282), and 10 CFR 2.205, IT IS HERE3Y ORDERED THAT:
i The licensee pay civil penalties in the total amount of Five Thousand Dollars (55,000) within twenty (20) days of the cate of receipt e, this Order, by check, draft, or money order payaole to the Treasurer of the United States and mailed to the Director of One Office of Inspection and ~nforcement.
V The ' censee cay, within twenty (20) aays of the receipt of this Orcer request a hearing.
If a t. earing is requested, the Commission will issue an Order desig..ati g the time and place of hearing.
Upon failure of the licensee to request a hearing within twenty (20) days of the date of receipt of this Order, t..e provisiens of this Orcer shall be effective witnaut further proceedings and, if pajment has not been made by that time, the mattar may be referred to the Attorney Ger.eral for collection.
VI In the event the licensee requests a hearing as provided above, the issues to be considered at such het aing shall be:
(a) whether the licensee was in noncompliance with the Commission's regulations and the conditions of the license in the respects set forth in the Notice of Violation; and
4 4-(b) whether, on the basis of such an item of noncompliance the Order should Oe sustained.
FOR THE NUCLEAR REGULATORY COMMISSION y.-
r victor Stel to, Jr.
/
Director Office of Inspection and Enforcement 01:ac at ietnesca, Maryland tais 2/M day of,$esiv 1980 t
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