ML20127C984
| ML20127C984 | |
| Person / Time | |
|---|---|
| Site: | Big Rock Point File:Consumers Energy icon.png |
| Issue date: | 04/01/1988 |
| From: | Norelius C NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| To: | Partlow J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| Shared Package | |
| ML20127C592 | List: |
| References | |
| FOIA-92-252 NUDOCS 9301150051 | |
| Download: ML20127C984 (1) | |
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APR 01 1998 MEMORANDUM FOR:
James G. Partlow, Director, Division of Reactor inspection and Safeguards, NRR FROM:
Charles E. Norelius, Director, Division of Radiation Safety and Safeguards, Region III
SUBJECT:
EVALUATION MEMORANDUM - POTENTI AL REGULATORY DEFICIENCY PERTAINING TO VITAL EQUIPMENT TAMPERING During an inspection in 1987 pertaining to an allegation of sabotage of a piece of vital equipment (safety related valve), we concluded that radiological sabotage, as defined in 10 CFR 73.2, had not occurred. We did conclude, however, that the valve had been tampered with by a person or persons who could not be positively identified.
The inspection conclusions are addressed in NRC Region 111 Inspection Report No. 50-155/87010(DRSS), dated September 4, 1987.
Since tampering with plant equipment is addressed in Section 236(b) of the Atomic Energy Act (the Act) as a potential criminal offense, we contacted U.S.
Government agencies responsible for investigating criminal violations of the
- Act, They declined to investigate.
Without the investigation, the NRC has no basis for enforcement action due to a violation of the Act short of an Order for health and safety purposes.
(Note:
there was no health and safety consequence in this case.)
In addition, there is no regulatory basis for levying civil penalties or notices of violations to the NRC regulations, since Title 10, Code of Federal Regulations does not address equipment tampering at a nuclear power plant.
We are concerned that malicious equipment tampering may fall into a " regulatory gap" in regard to issuing violations where criminal investigation is declined.
We request that this issue be evaluated by your staf f as a potential regulatory deficiency that may warrant fonnal implementation of a regulation.
Please advise me or my staf f if we can be of assistance in this matter.
Q g ? T oub m Charles E. Norelius, Director Division of Radiation Safety and Safeguards cc:
C. Weil, Rill 9301150051 920807' PDR FOIA TUTAK92-252 PDR
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