ML20055H352

Notice of Violation & Proposed Imposition of Civil Penalty in Amount of $50,000.Noncompliance Noted:Safeguards Storage Cabinet Containing Documents,Including Physical Security & Contingency Plan,Discovered Unsecured & Unattended

ML20055H352
Person / Time
Site:	Vogtle
Issue date:	06/27/1990
From:	Ebneter S NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
To:
Shared Package
ML20055H350	List: IR 05000424/1990011 ML20055H352
References
EA-90-090, EA-90-90, NUDOCS 9007260092
Download: ML20055H352 (2)

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NOTICE OF VIOLATION .

AND PROPOSED IMPOSITIDT0F civil PENALTY Georgia Power Company Docket Nos. 50-424 and 50-425 Vogtle Electric Generating Plant License Nos. NPF-68 and NPF-81 Units 1 and 2 EA 90-090 i

During the Nuclear Regulatory Commission (NRC) inspection conducted on April 30 - May 1, 1990, a violation.of NRC requirements was identified. In accordance with the " General Statement of Polic ment Actions," 10 CFR Part 2, Appendix C ,(1990)y andRegulatory the Nuclear Procedure for NRC Enforce Commis-sion proposes to impose a civil pennity pursuant to Section 234 of the Atomic Energy Act of 1954, as amended (Act), 42 U.S.C. 2282, and 10 CFR 2.205. The particular violation and associated civil penalty are set forth below:  !

4 10CFR73.21(a) requires,inpart,thatSafeguardsInformationbeprotected against unauthorized disclosure.

10 CFR 73.21(d)(2) requires, in part, that while unattended, safeguards information shall be stored in a-locked security storage container. ,

The licensee's Administrative Procedure No. 00650-C, Safeguards Informa-tion Control, Figure 4. Letter of Instruction, specifies that when not in use, safeguards information shall be stored in a sted cabinet with a locking bar and a U. S. General Services Administration (GSA) approved padlock or in a GSA approved security container.

Contrary to the above, on April 25, 1990, an employee of the licensee discovered a safeguards storage cabinet containing approximately 140 safeguards documents, including the site Physical Security and Contingency Plan, unsecured and unattended.

l This is a Severity Level III violation (SupplementIII).

(Civil Penalty - $50,000)

! Pursuant to the provisions of 10 CFR 2.201, Georgia Power Company (Licensee) is hereby required to submit a written statement or explanation to the Director, Office of Enforcement, U.S. Nuclesr Regulatory Commission, within 30 days of

! the date of this Notice of Violation and Proposed Imposition of Civil Penalty j (No tice). This reply should be clearly marked as a " Reply to a Notice of Violation" and should include for each alleged violation: (1)admissionor

denial of the alleged violation, (2) the reasons for the violation if admitted and if denied, the reasons why, (3). the corrective steps that have been taken l

and the results achieved, (4) the corrective steps that will be taken to avoid further violations, and (5) the date when full compliance will be achieved. If I

an adequate reply is not received within the time specified in this Notice, an.

order may be issued to show cause why the license should not be modified, suspended, or revoked or why such other action as may be~ proper should not be taken. Consideration may be given to extending the response time for good cause shown. Under the authority of Section 182 of the Act, 42 U.S.C. 2232, this response shall be submitted under oath or affirmation.

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Notice of Violation Within the same time as provided for the response required above under 10 CFR 2.201, the Licensee may pay the civil penalty by letter addressed to the Director Office of Enforcement, U.S. Nuclear Regulatory Commission, with a check, araft, or money order or electronic transfer payable to the Treasurer of the United States in the amount of the civil penalties if more than one civil penalty is proposed, or may protest imposition of the civil penalty in whole or in part, by a written answer addressed to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission. Should the Licensee fail to answer within the time specified, an order imposing the civil penalty will be issued. Should the Licensee elect to file an answer in accordance with 10 CFR 2.205 protesting the civil penalty in whole or in part, such answer should be clearly marked as -

an " Answer to a Notice of Violation" and may: (1) deny the violation listed in this Notice in whole or in part (2) demonstrate extenuating circumstances, (3) show error in this Notice, or (4) show other reasons why the penalty should not be imposed. In addition to protesting the civil penalty in whole or in part, such answer may request remission or mitigation of the penalty.

In requesting mitigation of the proposed penalt Section V.D of 10 CFR Part 2 Appendix C (1990)y thebe

, should factors addressed addressed. Any in written answer in accordance with 10 CFR 2.205 should be set forth separately from the statement or explanation in reply pursuant to 10 CFR 2.201 but may incorporate parts of the 10 CFR 2.201 reply by specific reference (e.g., citing page and paragraph numbers) to avoid repetition. The attention of the Licensee is directed to the other provisions of 10 CFR 2.205 regarding the procedure for imposing a civil penalty.

Upon failure to pay the penalty due, which subsequently has been determined in accordance with the applicable provisions of 10 CFR 2.205, this matter may be referred to the Attorney General, and the penalty, unless compromised, remitted, or mitigated, may be collected by civil action pursuant to Section 234c of the the Act 42 U.S.C 2282c.

The responses noted above (Reply to a Notice of Violation, letter with payment of civil penalty and Answer to a Notice of Violation) should be addressed to:

Director, Office of Enforcement, U.S. Nuclear Regulatory Consnission, ATTN:

Document Control Desk, Washington, DC 20555, with a copy to the Regional Administrator, V. S. Nuclear Regulatory Commission, Region II, and a copy to the NRC Resident Inspector at the Vogtle facility.

FOR THE NUCLEAR REGULATORY COMMISSION Stewart D. Ebneter Regional Administrator Dated at Atlanta, Georgia thisfy4dayofJune1990