ML20129J136

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Notice of Violation & Proposed Imposition of Civil Penalty in Amount of $50,000.Noncompliance Noted:Licensee Failed to Provide Adequate Protection for Documents & Matls Containing Safeguards Info as Evidence by Listed Examples
ML20129J136
Person / Time
Site: Vogtle  Southern Nuclear icon.png
Issue date: 02/05/1991
From: Ebneter S
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
To:
Shared Package
ML082401288 List: ... further results
References
FOIA-95-211 EA-90-188, NUDOCS 9611040331
Download: ML20129J136 (16)


Text

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FEB 0 51991 NOTICE OF VIOLATION AND l

PROPOSED IMPOSITION OF CIVIL PENALTY Georgia Power Company Docket Nos.

50-424 and 50-425 J

Vogtle Electric Generating Plant License Nos. NPF-68 and NPF-81 Units 1 and 2 EA 90-188 During an NRC' inspection conducted on October 16-17,1990, a violation of NRC requirements was identified.

In accordance with the " General Statement of Policy.and Procedure for NRC Enforcement Actions," 10 CFR Part 2 Appendix C

'(1990), the. Nuclear Regulatory Commission proposes-to impose a civil penalty pursuant to Section 234 of the Atomic Energy Act of 1954, as amended (Act),

i 42 U.S.C. 2282, and 10 CFR 2.205. The particular violation and associated i

civil penalty are set forth below:

l 10.CFR73.21(a) requires,inpart,thatSafeguardsInformation(SGI)be

.' protected against unauthorized disclosure, and that licensees establish and l

.. maintain an information protection system that includes certain measures to protect SGI.

I 10CFR73.21(d)(2) requires,inpart,thatwhileunattended,SGIshallbestored j

in a locked security storage container.

i Contrary to the above, the licensee failed to provide adequate protection for documents and materials containing Safeguards Information as evidenced by the i

following examples:

F 1.

On August 29, 1990, an unlocked and unattended container used to store SGI was discovered by a Southern Company Services employee in the Vogtle Project Engineering Support Office document file room, located in l

i' Birmingham, Alabama.

2.

On October 11, 1990, unsecured'and unattended documents containing SGI l

relating to training tasks were found in the Security Training Office, Vogtle Electric Generating Plant.

t 3.

On October 16, 1990, two elementary drawings of the Vogtle security power supply containing SGI were found unsecured and unattended in the Vogtle Project Engineering Office, Birmingham, Alabama.

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4.

On October 19, 1990, four documents containing Safeguards Information were i

found unsecured and unattended in the Security Training Office, Vogtle Electric Generating Plant.

1 5..

On November 9,1990, aperture cards. containing SGI were discovered unmarked and unprotected as SGI in the offices of Document Control, Vogtle Eletric Generating Plant.

This is a Severity Level III violation (Supplement III).

Civil Penalty - $50,000.

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Notice of Violation FEB 0 5 5 L

i Pursuant to the provisions of 10 CFR 2.201, Georgia Power Company (Licensee) is i

hereby required to submit a written statement or explanation to the Director, j

Office of Enforcement, U.S. Nuclear Regulatory Commission, within 30 days of i

the date of this Notice of Violation and Proposed Imposition of Civil Penalty l

(Notice). This reply should be clearly marked as a " Reply to a Notice of Violation" and should include for each alleged violation:.(1) admission or 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 i

and the results achieved, (4) the corrective steps that will be taken to avoid i

further violations, and (5) the date when full compliance will be achieved.

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

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 i

taken. Consideration may be given to extending the response time for good i

cause shown. Under the authority of Section 182 of the Act, 42 U.S.C. 2232, l

l this response shall be submitted under oath or affirmation.

Within the same time as provided for tne 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 Connission, with a check, draft, money order, or electronic transfer payable to the Treasurer of i

the United States in the amount of the civil penalty proposed above, or the cumulative 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 4

i 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 i

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 i

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.

Section V.B of 10 CFR Part 2. Appendix C (1990)y, the factors addressed in In requesting mitigation of the proposed penalt

, should be addressed. Any j

written answer in accordance with 10 CFR 2.205 should be set forth separately 1

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 specifi'c reference (e.g., citing j

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 L

for imposing a civil penalty.

Upon failure to pay any civil penalty due which subsequently has been determined i

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 j

- Act, 42 U.S.C. 2282c.

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Notice of Violation FEB 0 51991 The response noted above (Reply to 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 Commission, ATTN:

Document Control Desk, Washington, D.C. 20555 with a copy to the-Regional Administrator, U.S. Nuclear Regulatory Commission, Region II, and if applicable, a copy to the NRC Resident Inspector at the facility which is the subject of this Notice.

FOR THE NUCLEAR REGULATORY COMISSION c&(/}

Stewart D. Ebneter Regional Administrator Dated at Atlanta, Georgia this56May of February 1991 i

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7, FORM 13: App!ndix to Order Imp sing Civil P::nsity (for violations assessed a civil penalty)

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APPENDIX EVALUATION (S) AND CONCLUSION f

On (date)'

a Notice of Violation and Proposed Imposition of Civil Penalty

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(Notice) was issued for violation (s) identified during. an NRC inspection.

i CLicensee name) responded to the Notice on (date).

[0ne ' sentence summary of She licensee's response regarding denial, admittance, mitigation, etc.] The NRC's evaluation and conclusion regarding the licensee's requests are as i

follows:

l Restatement of Violation-j (This section should restate the citation as it appeared in the Notice.)

1 3

i Summary of Licensee's Response (This section contains a summary of the licensee's response to the Notice.)

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NRC Evaluation of Licensee's Response (This section contains the staff evaluation of the licensee's response.)

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[ Repeat the above described captions as necessary for other contested h

. violations.)

Summary of Licensee's Request for Mitigation '

(This section contains a summary of any request for mitigation of the civil penalty (ies)).

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F13-1 Issue Date:

02/07/91

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' James Lieberman 3

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R PSkinner AHerdt off is CEvans JMilhoan 10/g1/91 ' 10/d /91 91 10// /91 10//#91 10/ /91 h

J-FORM 19-I: Demand for Informatien (Reacter Licensse)

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UNITED STATES NUCLEAR REGULATORY ComISSION In the Matter of

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Docket No.

CLICENSEE)

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License No.

- CFacility Name)

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EA DEMAND FOR INFORMATION 4

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(Name of licensee) (Licensee) is the holder of Facility Operating ' License No.

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, issued by the Nuclear Regulatory Commission (NRC or Commission) pursuant to 10 CFR Part 50 on (date)

'The license authorizes the operation

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- of (facility) in accordance with conditions specified therein. The facility is located on the Licensee's site in l

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[This section should provide a description of relevant events, facts, 4

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violations, technical or legal reasons that provide the substantive basis for l-issuing the Demand.

The following example is provided as a sample discussion for this section.]

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j (On (date)

, the NRC, Region _, mceived infomation that

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In response to this information, NRC initiated a special safety inspection (investigation) of licensed activities.

The inspection (investigation), which

- is still ongoing, to date has established:

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F19-I-1 Issue Date: 02/07/91

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This situation demonstrates a lack of regard for and adherence to procedures and a lack of management control and supervision over licensed activities, and raises a question as to whether the Licensee will in the future provide complete and accurate information to the NRC.]

1 Therefore, further information is needed to determine whether the Commission j

can have reasonable assurance that in the future the Licensee will (e.g.,

j provide complete t.,d accurate information to the Commission) and otherwise l

conduct its activities in accordance with the Commission's requirements.

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Accordingly, pursuant to sections 161c,1610,182 and 186 of the Atomic Energy f

Act of 1954, as amended, and 10 CFR 50.54(f), in order for the Commission to determine whether your license should be modified, suspended or revoked, or other enforcement action taken to ensure compliance with NRC regulatory

. requirements, the Licensee is required to submit to the Director, Office of Enforcement, U.S.

Nuclear Regulatory Commission, Washington, D. C.

20555, 1

within _ days of the date of this Demand for Information the following Information, in writing and under oath or affirmation:

[Specifically list the required information, e.g.:

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A.

B.

C.

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Issue Date: 02/07/91 F19-I-2 4

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t a Copies also shall be sent to the Assistant General Counsel for Hearings and Enforcement at the same address, and to the Regional Administrator, NRC

-Region _,

(regional address)

After reviewing your response, the NRC will determine whether further action is necessary to ensure compliance with regulatory requirements.

FOR THE NUCLEAR REGULATORY COW 1ISSION 1

Deputy Executive Director for Nuclear Reactor Regulation, Regional.0perations, and Research Dated at Rockville, Maryland this day of

,19(XX) l i

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F19-I-3 Issue Date:

02/07/91 j

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i.c ELECTION OF OFFICER The Chairman recommended that Mr. Robert P. Mcdonald

~ be elected as a senior officer of the Company and requested that the Chairman have discretionary authority to designate.

his - position as either. Senior Vice President (Nuclear Operations) or Executive Vice President (Nuclear Operations) f and the effective date of his appointment.

i WHEREUPON, On motion, duly made and seconded,< the l

-following resolution was unanimously adopted:

-RESOLVED:

.That Mr. Robert P. Mcdonald be and hereby

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is elected as a senior officer of the Company and that. the l

Chairman _of the Board be-and hereby has discretionary authority to designate his position as either Senior Vice i

President (Nuclear Operations) or Executive Vice President

-(Nuclear Operations) and the effective date of his appointment.

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i The undersigned officer of Georgia Power Company d

.does hereby certify that the foregoing is a true and correct i

copy of resolutions duly and regularly adopted at meeting of i-the Board of Directors of Georgia Power Company, duly held i

on April 20, 1988, at which a quorum was in attendance and voting throughout, and that said resolution has not since been rescinded but is still in full force and effect.

3 f-Dated March 1, 1991 1A./1/tu f f -

y Ass'istant Secre[ary c

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Election of Charles K. McCoy, as Vice President-Nuclear:

On motion, duly made and seconded, the following resolution was unanimously adopted:

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RESOLVED:

That Mr. Charles K.

McCoy be and hereby is elected Vice President-Nuclear of Georgia Power Company, effective May 18, 1988.

The undersigned officer of Georgia Power Company does hereby certify that the foregoing is a true and correct copy of resolution duly and regularly adopted at meeting of the Board of Directors of Georgia Power Company, duly held on May 18, 1988, at which a quorum was in attendance and i

voting throughout, and that said resolution has not since been rescindea but is still in full force and effect.

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Dated March 28, 1991

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MIM!

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Assistant Secret ry 1

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Election of William G.

Hairston.

III.

as Senior Vice President-Nuclear Operations:

On motion,- duly made and seconded, the following 1

- resolution was unanimously adopted:

RESOLVED:

That Mr. William G.

Hairston, III be and hereby is elected Senior Vice President-Nuclear Operations of Georgia Power Company, effective May 18, 1988.

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The undersigned officer of Georgia Power Company does i

hereby certify that the foregoing is a true and correct copy of resolution duly and regularly adopted at meeting of i

the Board of Directors of Georgia Power Company, duly held on May 18, 1988, at which a quorum was in attendance and i

voting throughout, and that said resolution has not since been rescinded but is still in full force and effect.

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Dated March 28, 1991 4

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Assistant Sec tary 1

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4 April 22, 1988 4

j I hereby designate Robert P.

Mcdonald, Executive Vice President (Nuclear Operations) of Georgia Power Company, effective April 25, 1988.

4 Robert W. Scherer 4

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