ML20137E438
| ML20137E438 | |
| Person / Time | |
|---|---|
| Site: | Crystal River  |
| Issue date: | 02/28/1997 |
| From: | Reyes L NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II) |
| To: | Beard P FLORIDA POWER CORP. |
| Shared Package | |
| ML20137E443 | List: |
| References | |
| EA-97-012, EA-97-12, NUDOCS 9703270226 | |
| Download: ML20137E438 (5) | |
See also: IR 05000302/1996018
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February 28, 1997
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EA 97 012
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Florida Power Corporation
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Crystal River Energy Complex
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Mr. P. M. Beard, Jr. (SA2A)
Sr. VP, Nuclear Operations
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' ATTN:
Mgr., Nuclear Licensing
15760 West Power Line Street
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Crystal River, FL 34428 6708
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SUBJECT:
' NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY -
$50,000 (NRC INSPECTION REPORT 50-302/96 18)
Dear Mr. Beard:
This refers to the inspection conducted during the aeriod December 2 through
19, 1996, at your Crystal River Unit 3 facility. T1e inspection was conducted
to review the implementation of the Crystal River Physical Security Plan. The
results of this inspection were discussed with members of your staff on
January 10, 1997, and were formally transmitted to you by letter dated
January 31, 1997.
A closed, predecisional enforcement conference was
conducted in the Region II office on February 14., 1997, with you and members
of your staff to discuss the apparent violations. the root causes, and
corrective actions to preclude recurrence. A letter summarizing the
conference was sent to you on February 18, 1997.
Based on the information developed during the inspection and the information
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-that was provided during the conference, the NRC has determined that
violations of NRC requirements occurred. The violations are cited in the
enclosed Notice of Violation and Proposed Imposition of Civil Penalty
(Notice), and the circumstances surrounding them are described in detail in
the subject inspection report.
The violations involve multiple failures to implement the requirements of your
Physical Security Plan including:
(1) two examples of the failure to have
adequate Physical Security Plan implementing procedures for the operation of
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the newly installed security computer in the Temporary Central and Secondary
Alarm Stations and the implementation of adequate measures to compensate for
degradation of vital area doors: (2) the failure to respond properly to a
3rotected area alarm resulting in the perimeter intrusion detection system
seing inoperable in excess of two hours: (3) the failure to employ the
capability to immediately assess more than one protected area alarm at a time:
(4) the failure to maintain a physical barrier to the protected area for a
period in excess of 12 hours1.388889e-4 days <br />0.00333 hours <br />1.984127e-5 weeks <br />4.566e-6 months <br /> at the Circulating Water System; (5) the failure
to ap3ropriately control and safeguard weapons stored in your armory, and
(6) t1e failure to submit Physical Security Plan changes to the NRC in
accordance with the time limits of 10 CFR 50.54(p). Most of the violations
were associated with the imp.lementation of the security upgrade project.
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9703270226 97022g
0FFICIAL COPY
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ADOCK 05000302
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The. violations are of significant regulatory concern in that they are
indicative of a lack of management attention to the program and a fundamental
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lack of understanding of regulatory requirements related to the security
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progrem. Although the overall security program has been functioning
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adequately and the working level performance of the security force has been
generally good, the underlying programmatic deficiencies manifested themselves
during the implementation phase of the security upgrade program. At the
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conference, you stated, that as a result of the violations, no significant
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threat of radiological sabotage existed. Although the violations associated
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with degraded assessment capability, alarm station operator failure,
procedural deficiencies, degraded protected area barriers, and exposure of
weaponry at your armory may not individually represent easily exploitable
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deficiencies, collectively, they weakened your overall ability to respond to a
security threat.
Individually, the violations normally would be categorized
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at Severity Level IV: however, in this case, the violations have been
evaluated in the aggregate and assigned a single, increased severity level due
to their similar underlying causes. Therefore, the violations are classified
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in accordance with the " General Statement of Policy and Procedures for NRC
Enforcement Actions" (Enforcement Policy). NUREG 1600, as a Severity Level III
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problem.
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In accordance with the Enforcement Policy, a base civil penalty in the amount
of $55,000 is considered for a Severity Level III problem occurring on or
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continuing after November 12, 1996 (61 Federal Reaister 53554). However,
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since-several of the violations occurred prior to November 12, 1996, the base
civil penalty considered for this case is $50,000 (NUREG 1600, July 1995).
Because your facility has been the subject of escalated enforcement action
within the last two years,, the NRC considered whether credit was warranted
for Identification and Corrective Action in accordance with the civil penalty
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assessment process described in Section VI.B.2 of the Enforcement Policy.
The
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NRC determined that credit for Identification was not warranted in that the
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majority of the violations cited in the Notice were identified by NRC. At the
conference, you stated that the new management team and the Management
Corrective Action Plan-Phase II (MCAP II) which is in place to bring about
broad management, design, and corrective action changes, will also address the
root causes of these violations.
In addition, you stated that the corrective
action taken or )lanned for these specific violations include:
(1) addition
of security to t1e Design Review Board for security modifications:
(2) implementation of changes to the Project / Modifications Review Group:
(3)~ revision of procedures to include end-user training prior to turnover:
(4) review and revision of procedures to ensure that they reflect the current
operational status of the security program: (5) implementation of_ appropriate
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compensatory measures for degraded vital area doors: (6) communication of
expectations and implementation of enhanced training related to alarm
response: (7) appropriate disciplinary actions for the individuals who failed
IA Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $500,000,
was issued on July 10, 1995, associated with poor engineering, operations and corrective actions
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(EA 95 126). A Notice of Violation and Proposed Imposition of Civil Penalty in the amount of
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$25,000, was issued on March 24. 1995, associated with non conservative setpoints for safety
related equipment (EA 95-016).
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to_ respond appropriately to the alarm:-(8) immediate compensation for the
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degraded assessment capability and implementation of a software change to
rectify the error: (9) implementation of measures to assure appropriate
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security of weapons: (10) implementation of additjonal protective measures at
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the Circulating Water System: and (11) inclusion ;f the 10 CFR 50.54(p)
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process in Administrative Instructions. Based on these actions, the NRC
concluded that your corrective actions to restore degraded conditions were
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prompt and comprehensive; therefore, credit for Corrective Action was
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- warranted.
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Therefore, to emphasize the importance.of maintaining an adequate physical
security program and the need for prompt identification of violations I have
been authorized, after consultation with the Director. Office of Enforcement,
to issue the enclosed Notice in the base amount of $50,000 for the Severity
Level III problem.
You are required to respond to this letter and should follow the instructions
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specified in the enclosed Notice when preparing your response. The NRC will
consider your response, in part, to determine whether further enforcement
action is necessary to ensure compliance with regulatory requirements.
In accordance with 10 CFR 2.790 of the NRC's " Rules of Practice." a copy of
this letter, its enclosure, and your response will be placed in the NRC Public
Document Room (PDR).
Sincerely.
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Luis A. Rey
Regional A m' istrator-
Docket No. 50-302
License No. DPR-72
Enclosure:
Notice of Violation and Proposed
Imposition of Civil Penalty -
cc w/ encl:
John Cowan, Vice President
Nuclear Production (SA2C)
FPC, Crystal River Energy Complex
15760 West Power Line Street
Crystal River, FL 34428 6708
cc w/ encl:
(Cont'd on Page 4)
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Distribution w/ encl
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PUBLIC
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JCallan, EDO
EJordan, DEDO
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LReyes, RII
LChandler, OGC
JGoldberg, 0GC
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RZimmerman, NRP,
EJulian, SECY
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BKeeling, CA
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Enforcement Coordinators
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RI, RIII, RIV
JLieberman, OE
0E:EA File (BSummers) (2 letterhead)
MSatorius, OE
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MStein OE
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EHayden, OPA
GCaputo, 01
Dross, AE00
HBell, OIG
FHebdon, NRR
LRaghavan, NRR
CEvans, RII
Buryc, RII
KClark, RII
RTrojanowski,RII
JJohnson, RII
JJaudon, RII
PFredrickson, RII (IFS Action Required)
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. LStratton, %
DThoms >on, T<II
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WStansaerry, RII
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ABoland, RII
NRC Resident Inspector
U. S. Nuclear Regulatory Commission
6745 N. Talahassee Road
Crystal River, FL 34428
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cc w/enci (Cont'd):
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B. J. Hickle. Director
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Nuclear Plant Operations (NA2C)
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FPC, Crystal River Energy Complex
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15760 West Power Line Street
Crystal River FL 34428-6708
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D. Kunsemiller, Director (SA2A)
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Nuclear Operations Site Support
FPC, Crystal River Energy Complex
15760 West Power Line Street
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Crystal River, FL 34428 6708
R. Alexander Glenn, Corporate Counsel
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FPC, MAC - ASA
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P. O. Box 14042
St. Petersburg, FL 33733-4042
Attorney General
Department of Legal Affairs
The Capitol
Tallahassee, FL 32304
Bill Passetti
Office 6f Radiation Control
Department of Health and
Rehabilitative Services
1317 Winewood Boulevard
Tallahassee, FL 32399 0700
Joe Myers, Director
Div. of Emergency Preparedness
Department of Community Affairs
2740 Centerview Drive
Tallahassee, FL 32399 2100
Chairman
Board of County Commissioners
Citrus County
110 N. Apopka Avenue
Inverness, FL 34450 4245
Robert B. Borsum
Frematome Technologies
1700 Rockville Pike. Suite 525
Rockville, MD 20852 1631
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