ML20054M933

Affidavit of Jr Creed on Dekalb Area Alliance for Responsible Energy/Sinissippi Alliance for Environ Contention 1(f).Allegations Re Security Violations at Quad Cities Resolved

ML20054M933
Person / Time
Site:	Byron
Issue date:	05/25/1982
From:	Creed J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To:
Shared Package
ML20054M926	List: ML20054M925 ML20054M928 ML20054M933 ML20054M941 ML20054M943
References
NUDOCS 8207150168
Download: ML20054M933 (5)

Text

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of COMMONWEALTH EDIS0N COMPANY Docket Nos. 50-454

) 50-455 (Byron Station, Units 1 and 2) )

AFFIDAVIT OF JAMES R. CREED ON DAARE/ SAFE CONTENTION 1(f)

I, James R. Creed, being duly sworn, state the following:

1. I am employed by the U.S. Nuclear Regulatory Commission as Chief of the Safeguards Section, Region III. A copy of my professional qualification is attached. From April 1977 to August 1980, I was a Physical Protection Inspector in Region III. I was assigned to assist the Department of Justice in the investigation of the alleged criminal violations involving plant security matters referred to in Contention 1(f).

2. The purpose of this affidavit is to address Contention 1(f) and the resolution of the matter described therein.

3. Region III of the Nuclear Regulatory Commission conducted an extensive investigation of the allegations regarding security violations at the Cordova (Quad Cities) facility referred to in the contention during the period April 26 to May 26, 1977. The findings of that investigation were communicated to the Applicant's corporate management and the Cordova (Quad Cities) site managenent during meetings on May 13 and June 9, 1977. The review of corrective actions taken as a result of those meetings showed 8207150168 020714 DR ADOCK 05000

that the Applicant took prompt corrective action on the specific items of noncompliance identified which resulted in lasting corrective action. One of those items of noncompliance dealt with improper recording of certain routine security guard functions.

This alleged item of noncompliance was adequately corrected in early June 1977.

4. The Department of Justice initiated its investigation into possible criminal violations and, as a result, the Applicant and certain of its employees were indicted for criminal conspiracy and failure to record certain security violations regarding routine guard functions. The charges were tried in the Federal District Court on August 4-8, 1980. The Applicant and two Quad Cities Station employees, who were defendants in the case, were found not guilty on all counts on August 8, 1980. United States of America v.

Commonwealth Edison Co., No. 80-40002 (C.D. Ill.). The jury's decision was not appealed by the Department of Justice.

5. On September 3,1980, the Director of the Office of Inspection and Enforcement transmitted IE Inspection Reports 50-254/77-14 and 50-265/77-14 to the Applicant containing the Staff findings on these issues. The letter recognized that the Applicant took prompt and adequate corrective action on the specific items of noncom-pliance identified during the inspection. The letter also concluded that further actions regarding the security infractions were unnecessary and that no response to the items of noncompliance or the inspection report was necessary.

6. Since the April-May 1977 investigation, 9 security inspections have been conducted at the facility. Although minor items of noncompliance have been identified, every item has been adequately corrected in a timely manner and there have been no other alleged a

security-related criminal violations. The matter cited in the contention is the only instance of this nature known to the affiant and is an isolated occurrence.

7. On February 24, 1977, the Commission published new, comprehensive security regulations in 10 C.F.R. s 73.55 which were required to be fully complied with by February 23, 1979. The Applicant submitted a security plan for Quad Cities to meet these upgraded requirements The which was reviewed and found to be adequate by the NRC Staff.

implementation of that plan has been and will continue to be closely monitored.

8. The Applicant has also submitted security plans for Byron which have been reviewed against the requirements of 10 C.F.R. 9 73.55.

The Staff's evaluation of those plans are contained in Section 13.6 of the Byron Safety Evaluation Report (SER) (NUREG-0876) and Supplement 1 (SSER) to that report. The Staff has concluded that the Applicant's security plan, when revised to include the

additional infomation or upgrading the Applicant has committed to provide, will be acceptable.

The foregoing and the accompanying statement of professional qualifications are true and correct to the best of my knowledge.

,M ames R. Creed Subscribed and sworn to before me this &5 day of May, 1982.

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. PROFESSIONAL QUALIFICATIONS James R. Creed Safeguards Section Technical Inspection Branch Region III Nuclear Regulatory Commission I am employed as the Chief of the Safeguards Section in the Technical Inspection Branch in Region III.

I received a B. A. deg'ree in English Literature from DePaul University Chicago in 1970. I have been certified as a Certified Protection Professional by the American Society for Industrial Security.

In my present work assignment at the NRC, I have both technical and administrative responsibility for the conduct of the NRC inspection program for physical security requirements in the eight states included in Region III.

Our inspection responsibilities include security programs at the 21 currently operating nuclear power reactors as well as several other non-power reactor facilities. Prior to my present duties I was a physical security inspector for several of the facilities in Region III and had primary responsibil".y for inspecting the Quad-Cities plant. Those responsibilities included the technical review of all aspects of the licensee's security program including the qualifica-tions and performance of the guard force personnel and security program management.

Prior to joining the NRC staff in December 1975, I was employed by Burns International Security Services (BISSI) as an Area Supervisor, I was responsible for the staffing, training and maintaining contract guard services at approximately 25 client accounts. My term at BISSI was from 1974 through 1975.

l During the period from 1970 through 1975 I served as a Commissioned Officer with the Military Police Corps, United States Army. My period of service included assignments in the police field as well as two years in the area of special weapons physical security. My experience includes a tour in Vietnam where I served as a Provost Marshal and Executive Officer in a security related unit.

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