ML20137E438

Discusses Insp Rept 50-302/96-18 on 961202-19 & Forwards Notice of Violation & Proposed Imposition of Civil Penalty in Amount of $50,000

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: ML20137E438 ML20137E444
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 i

Crystal River Energy Complex -

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Mr. P. M. Beard, Jr. (SA2A)  :

Sr. VP, Nuclear Operations  !

' ATTN: Mgr., Nuclear Licensing i

15760 West Power Line Street i

Crystal River, FL 34428 6708 l

SUBJECT: ' NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY -

$50,000 (NRC INSPECTION REPORT 50-302/96 18)  ;

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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

-that was provided during the conference, the NRC has determined that I

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 i

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 l

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 i

(6) t1e failure to submit Physical Security Plan changes to the NRC in I

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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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

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

threat of radiological sabotage existed. Although the violations associated  :

l 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 i

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 l

to their similar underlying causes. Therefore, the violations are classified '

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 l

of $55,000 is considered for a Severity Level III problem occurring on or 1

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 ,

assessment process described in Section VI.B.2 of the Enforcement Policy. The  ;

NRC determined that credit for Identification was not warranted in that the  !

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

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operational status of the security program: (5) implementation of_ appropriate

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

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A Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $500,000,

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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

$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

L degraded assessment capability and implementation of a software change to

rectify the error: (9) implementation of measures to assure appropriate

i security of weapons: (10) implementation of additjonal protective measures at

L the Circulating Water System: and (11) inclusion ;f the 10 CFR 50.54(p)

l process in Administrative Instructions. Based on these actions, the NRC

concluded that your corrective actions to restore degraded conditions were

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t prompt and comprehensive; therefore, credit for Corrective Action was

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.

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You are required to respond to this letter and should follow the instructions

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

JCallan, EDO

EJordan, DEDO l

LReyes, RII

LChandler, OGC l

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JGoldberg, 0GC i

RZimmerman, NRP,

EJulian, SECY

i BKeeling, CA

l Enforcement Coordinators

i RI, RIII, RIV

JLieberman, OE

0E:EA File (BSummers) (2 letterhead)

MSatorius, OE

! MStein OE

l 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)

t . LStratton, %

DThoms >on, T<II j

WStansaerry, RII l

ABoland, RII

NRC Resident Inspector

U. S. Nuclear Regulatory Commission

6745 N. Talahassee Road

Crystal River, FL 34428

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SEND TO PLELIC 00ClNfNT R00M7 / YFS / m

0FFICE Rit / Rif DRP' Ril-NS RII- NA Ril-0M /

JJaudon, JJc ans E  :

DATE 02/ 2 ) /47 02/ 7 ( /47 02/> ~/07 02 6 /97 07/ M/97 l

COPY 1 YES M (Vil N0 df 5 / NO YE S @ YES [)

OFFICIAL RECORD C M DOCUMERI NAME H: @ EN.ENF\91'012CR.DIR\ FINAL.$1G

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cc w/enci (Cont'd): ,

B. J. Hickle. Director  !

Nuclear Plant Operations (NA2C) .

FPC, Crystal River Energy Complex >

15760 West Power Line Street

Crystal River FL 34428-6708

! D. Kunsemiller, Director (SA2A)  !

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Nuclear Operations Site Support

FPC, Crystal River Energy Complex ,

15760 West Power Line Street '

Crystal River, FL 34428 6708

R. Alexander Glenn, Corporate Counsel i

FPC, MAC - ASA t

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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