ML20034F996
| ML20034F996 | |
| Person / Time | |
|---|---|
| Site: | McGuire, Mcguire  |
| Issue date: | 02/26/1993 |
| From: | Ebneter S NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II) |
| To: | Mcmeekin T DUKE POWER CO. |
| Shared Package | |
| ML20034F997 | List: |
| References | |
| EA-93-013, EA-93-13, NUDOCS 9303080048 | |
| Download: ML20034F996 (5) | |
See also: IR 05000369/1993001
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FEB 26 593
Docket Nos. 50-369, 50-370
EA 93-013
Duke Power Company
ATIN: Mr. T. C. McMeekin
Vice President
McGuire Site
12700 Hagers Ferry Road
Huntersville, NC 28078-8985
Gentlemen:
SUBJECT:
NOTICE OF VIOLATION (NRC INSPECTION REPORT
NOS. 50-369/93-01 AND 50-370/93-01)
This refers to the Nuclear Regulatory Commission (NRC) inspection conducted by
Mr. D. Thompson on January 19-22, 1993, at the McGuire Nuclear Station.
The
inspection included a review of the facts and circumstances related to the
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failure to properly search packages entering the protected area at the Cargo
Access Portal (CAP) that resulted in an uncontrolled handgun being delivered
to an office in the protected area without being detected. The violation was
identified and reported by your staff.
The report documenting this inspection
was sent to you by letter dated January 29, 1993. As a result of this
inspection, a failure to comply with NRC regulatory requirements was
identified.
An enforcement conference was conducted in the NRC Region II
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office on February 11, 1993, to discuss the violation, its cause, and your
corrective actions to preclude recurrence. A summary of this conference was
sent to you by letter dated February 18, 1993.
The violation described in the enclosed Notice of Violation (Notice) involved
a failure to properly search packages entering the protected area at the CAP.
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On January 14, 1993, a .40 caliber Beretta semi-automatic pistol was delivered
via United Parcel Service to Warehouse No. 6 which is the primary materials
receiving point for the site.
Some time between January 14 and 19, 1993, the
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package containing the pistol was transferred to the CAP at Warehouse No. 5
where all materials entering the protected area are required to be searched
prior to entering the protected area.
Security personnel conducting a search
of the package using x-ray equipment failed to detect the pistol in the
package. As a result, the package containing the uncontrolled pistol was
processed into the protected area and subsequently delivered to the office of
a security training specialist where it was left unattended on a desk in that
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office. The pistol was not under the control of an authorized individual
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after it was cleared through the CAP and remained uncontrolled until the
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security specialist returned to his office, opened the package, and discovered
9303080048 930226
ADOCK 05000369
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Duke Power Company
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it.
The root cause of the violation was personnel error which resulted from
inattentiveness during search duties by security force personnel.
The failure
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to properly execute search requirements is a significant safety and regulatory
concern, particularly in this case, where an uncontrolled handgun was
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introduced into the protected area. Therefore, this violation has been
categorized at Severity Level III.
In accordance with the " General Statement of Policy and Procedure for NRC
Enforcement Actions," (Enforcement Policy) 10 CFR Part 2, Appendix C
(57 FR 5791, February 18, 1992), a civil penalty is considered for a Severity
Level III violation.
The base civil penalty for a Severity Level III viola-
tion is $50,000.
However, after consultation with the Director, Office of
Enforcement and the Deputy Executive Director for Nuclear Reactor Regulation,
Regional Operations and Research, I have decided that a civil penalty will not
be proposed for this case. The escalation and mitigation factors in the
Enforcement Policy were considered and the civil penalty was fully mitigated.
Mitigation of 50 percent was applied for the factor of identification because
your staff discovered and reported the violation.
Additional mitigation of
50 percent was warranted for corrective action based on the immediate
corrective actions to secure the weapon and long-term corrective actions that
included remedial training of security oersonnel assigned to the Cargo Access
Portal in proper search procedures, revision of security procedures to provide
more specific guidance on utilization of x-ray equipment, and revision of
material handling procedures and training for material handling personnel to
ensure third party verification for material being delivered to Warehouse
No. 6.
The other factors were considered, and no further adjustment to the
base civil penalty was appropriate.
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You are required to respond to this letter and should follow the instructions
specified in the enclosed Notice when preparing your response.
In your
response, you should document the specific actions taken and any additional
actions you plan to prevent recurrence.
After reviewing your response to this
Notice, including your proposed corrective actions and the results of future
inspections, the NRC will determine whether further NRC enforcement action is
necessary to ensure compliance with NRC regulatory requirements.
In accordance with 10 CFR 2.790 of the NRC's " Rules of Practice," a copy of
this letter and its enclosure will be placed in the NRC Public Document Room.
The responses directed by this letter and the enclosed Notice are not subject
to the clearance procedures of the Office of Management and Budget as required
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by the Paperwork Reduction Act of 1980, Pub. L. No.96-511.
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FEB 261ll10
Duke Power Company
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Should you have any questions concerning this letter, please contact us.
Sincerely,
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Stewart D. Ebneter
Regional Administrator
Enclosure:
cc w/ encl:
R. O. Sharpe
Compliance
Duke Power Company
12700 Hagers Ferry Road
Huntersville, NC 28078-8985
G. A. Copp
Licensing - EC050
Duke Power Company
P. O. Box 1006
Charlotte, NC 28201-1006
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A. V. Carr, Esq.
Duke Power Company
422 South Church Street
Charlotte, NC 28242-0001
J. Michael McGarry, III, Esq.
Winston and Strawn
1400 L Street, NW
Washington, D. C.
20005
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Dayne H. Brown, Director
Division of Radiation Protection
N. C. Department of Environment,
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Health & Natural Resources
P. O. Box 27687
Raleigh, NC 27611-7687
County Manager of Mecklenburg County
720 East Fourth Street
Charlotte, NC 28202
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T. Richard Puryear
Nuclear Technical Services Manager
Carolinas District
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Westinghouse Electric Corporation
P. O. Box 32817
Charlotte, NC 28232
Dr. John M. Barry, Director
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Mecklenburg County Department
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of Environmental Protection
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700 North Tryon Street
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Charlotte, NC 28203
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Karen E. Long
Assistant Attorney General
N. C. Department of Justice
P. O. Box 629
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Raleigh, NC 27602
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Karen E. Long
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