ML20116F267

Requests NRC to Initiate Swift & Effective Actions to Cause Licensee to Immediately Revoke All Escorted Access to Facility

ML20116F267
Person / Time
Site:	South Texas
Issue date:	02/19/1992
From:	Saporito T SAPORITO, T.J.
To:	NRC OFFICE OF THE INSPECTOR GENERAL (OIG)
Shared Package
ML20116F255	List: ML20116F267
References
NUDOCS 9211100251
Download: ML20116F267 (7)

Text

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UNITED STATES OF AHERICA OFFICE OF THE INSPECTOR GENERAL NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555 In the matter of ) l!

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HOUSTON LIGHTING & POWER CO. ) Docket Nos.: 50-498 and 50-499

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South Texas Project Electric ) i l Generating Station ) Date: February 19, 1992 l (Units 1 and 2) )  :

I I EPECIFIC REQUEST Upon receipt of this letter, and within a reasonable time.

I request that the Nuclear Regulatory Commission's (NRC) Office-cf the Inspector General (OIG), institute an investigation pursuant to Title 10 of the Code of Federal Regulations, directed to its USNRC Region IV ktaff having jurisdiction of its licensee the Houston Lighting and Power Company (Licensee), who operates the South Texas Electric Generating Station (STpEGS), i near Wadsworth, Texas.  !

BASIS AND JUSTIFICATION

- j On February 10, 1992, I requested swift and effective action by the NRC Region IV staff, pursuant to a 10 C.F.R. 2.206 petition, to cause the licensee to immediately revoke all wacorted access at STPEGS. .

On February 18, 1992, at my own personal; expense,'I prepared for and attended a meeting with the USNRC Region IV staff to discuss the concerns identified in the 10~C.F.R. 2.206 and a Notice of Violation which I had submitted to Region IV.

. i At this meeting, I provided the USNRC Region IV staff with specific dates, times, names and places substantiating the violation of licensee technical specifications and '

administrative procedures. Additionally, I.provided the staff with an audio tape of the meeting to expedite lthe staff's-ability to address this matter. .

During this meeting, the staf f questioned me stating

"...Why did you submit a 2.206..."? The staff appeared confused about the urgency of the 2.206.

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..- e I urgently wanted the staff to cause th'e licensee to immediately revoke all escorted accesa at the station.

l The staff failed to take immediate actions as described above in spite of the. voluminous testimony and documentation I provided to the staff. As a result, another licenses technical specification was violated as described on thel enclosed copy of a Notice of Violation, j I request that the NRC's OIG take immediate actions to cause an investigation into this matter in tho' interest of public health and safety.

Respectfully submittedi

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4901 Histy Lane, #402 Bay City -Texas 77414 1-409-245-2150 cc: Executive Director for Operation U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Robert D. Hartin, Administrator U.S. Nuclear Regulatory Commission Region IV 611 Ryan plaza, suite 400 Arlington, Texas 76011 Billie P. Garde, Esq.

Hardy, Mi . tin & Johns Attorneys at Law l 500 Two Houston Center .

900 Fannin at McKinney Houston, Texas 77010 l i

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, UNITED STATES OF AMERICA

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/f, NUCLEAR REGULATORY COMMISSI'ON WASHINGTON, D.C. 20555 ,

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NOTICE OF VIOLATION Houston Lighting & Power Company Dockets: 50-498 South Texas Project, Ur:1ts 1 and 2 , 50-499 i

operating Licenses: NPF-76 NPF-80 During routine work activities as a contract Indtrument Control Technician at your Licensee's South Texas Project, a violation of NRC requirements was identified. The violation an example of the failure to follow procedures. In accordance with the

" General Statement of Policy and Procedure for NRC Enforcement Actions." 10 CFR Part 2, Appendix C (1989) (Enforcement Policy),

the violation is listed below:

Failure To Follow Procedures

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Technical Specification 6.8.1 requires, in part, that procedures shall be established and implemented covering the activ1 ties recommended in Appendix A of Regulatory Guide 1.33 Revision 2, February 1970.

Administrative Procedure OPGPO3-ZS-0001 Rev. 7 " Personnel Access Control" implements this recuirement.

Contrary to the above:

1. On February 19, 1992, at 11:15 am during routine operation of the stations 2 reactors at power, an escort failed to PRECEDE his visitor exiting the protected area at the station's East Gatehouse as l required in Step 4.2.3.3.

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• l The escort failed to MAINTAIN cositive ccatrol of his visitor as required in Stop 4.2.3.1.

The escort failed to NOTIFY the Security Force (SFS) .

l of the escort related violation immediately as' l required in Step 4.2.3.5.

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e NOTICE OF VIOLATION Page 2 of 2 Pursuant to the provisions of 10 CFR 2.201, I request that the Nuclear Regulatory Commission (NRC) require Houston Lighting & Power Company to submit to the NRC office, within 30 days of receipt of this Notice ' a written statement or explanation in reply, including for each violation: (1) the reason for the violation if admitted, (2) the corrective steps which have been taken and the results achieved, (3) the correct 1ve steps which will be taken to avoid further violations, and (4) the date when full compliance will be achieved. Where' good cause is shown, consideration Dy the NRC should be given to extending the response time.

Respectfully submitted,

>>? sk, J Thomas J.pt;L7f o,Jr.$V Dated at Bay City, Texas 4901 Misty Lane, #402 this 19th day of February, 1992 Bay City. Texas 77414 cc: Rotert D. Martin, Administrator U.S. Nuclear Regulatory Commission Region IV 611 Ryan Plaza, Suite 400 Arlington, Texas 76011 Office of the Inspector General U.S. Nuclear Regulatory Commission -

Washington, D.C. 205S5 Billie P. Garde, Esq.

Hardy, Milutin & Johns Attorneys at Law l

500 Two Houston Center . l l

900 Fannin at McKinney l Houston, Texas 77010 s

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UNITED STATES OF AMERICA'~'

NUCLEAR REGULATORY COMMISSION

• WASHINGTON, D.C. 30555 ,

i NOTTCE OF VIOLATION Houston Lighting & Power Company Docke t s': 498 South Texas Project, Units 1 and 2 50-499

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Operating Licenses NPF-76

' NpF-80 l

During routine work activities as a contract Instrument Control Technician at the licensee's South Texas Project, a. violation of NRC requirements was identified. The violation an example of employment discrimination and a failure to permit a licensee employee to obtain a whole body count. In accordance with the

" General Statement of Policy and. procedure for NRC Enforcement Actions," 10 CFR Part 2, Appendix C (1989) (Enforcement policy),

the violation is llated below:

Employment Discrimination NRC requirements implemented through 10 C.F.R. 50.7 and 10 C.F.R 24 state in part that No employer, including a Commission licensee, an applicant for a Commission license, or a contractor or a subcontractor of a Commission licensee or applicant, may discharge any employee or-otherwise discriminate against any-employee with respect to his compensation, terms. conditions, or privileges of-employment because the employee (or any person acting pursuant to a request of .the employee) -

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"(1) commenced, caused to be commenced, or is-about to commence or cause to be commenced a proceeding under this Act or the Atomic Energy Act of 1954, as amended, or a. proceeding for the administration or enforcement:

of any requirement imposed under this Act or the Atomic Energy Act of'1954, as amended;

"(2) testified or is about to testify in any such 1

groceeding or;(3) assisted or_ participated or-is about to. assist o*r participate.in any manner in such a proceeding or'in any other manner in such a proceeding or in any other action to carry out the purposes of this Act or the.

Atomic Energy Act of 1954, as amended.

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' NOTICE OF VIOLATION ..- Page 3 of 3 F

Co.itrary to the above r

1. On FebruarF 21, 1992, at 08:00 hours, the licensee terminated my employment at the licensee's station by

. revoking my unescorted access status to the station.

The licensee was cognizant of my engagement of

" protected Activity" and that I.was actively participating in a current NRC investigation of alleged violations of NRC requirements at the licensee's station. i

2. The licensee provided me with no written reason for revoking my unescorted access to the licensee's station. The licensee would not' continue my employment at the station as a visitor even though I had been employed by the licensee at the station from-January 13, 1992 to February 13, 1992 as a visitor.

Failure to permit _a_Licennee rexiovee to obtain a Whplg Body Count NRC requirements implemented through 10 C.F.R. 19, and 10 C.F.R. 20.408 provide in part that: A licensee employee has the right to a complete and accurate record of his/her occupational radiation exposure accumulated at the licensee's station. ,

Contrary to the above '

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3. On February 21, 1992 at 11:30 hours, the licensee would not permit or provide escorted access to the licensee's station to enable me tolobtain a whole body count as provided for in NRC requirements implemented' through licensee administrative procedures.

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NOTICE OF VIOLATION -

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Pursuant to the provisions of 10 CFR 2.801, I request that the Nuclear Regulatory Commission (NRC) require Houston Lighting & Power Company to submit to the NRC office, within 30 days of receipt of this Notice, a written statement or explanation in reply, including for each violation: (1) the reason for the violation if admitted, (2) the corrective steps which have been taken and the results achieved. (3) the corrective steps which will be taken to avoid further violations, and !(4) the date when full compliance will be achieved. Where good cause is shown, consideration by the NRC should be given to extending the response timo.

Respectfully' submitted.

A &.

• Thomas'J r'ito , @. _

Dated at. Bay City, Texas 4901 Histy Lane, #402 this 21th day of February, 1992 Bay City, Texas 77414 cc: Robert D. Hartin, Administrator U.S. Nuclear Regulatory Commission Region IV 611 Ryan Plaza, Suite 400 Arlington, Texas 76011 Billie P. Garde. Esq.

Hardy, Milutin & Johns Attorneys at Law 500 Two Houston Center ,

900 Fannin at McKinney i l Houston, Texas 77010 .

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