ML20137V231

Discusses Investigation Rept 2-96-005 on 960306-1213. Investigation Consisted of Review of Circumstances Surrounding Loss of Control of Security Badge at Plant on 960209

ML20137V231
Person / Time
Site:	Crystal River
Issue date:	01/16/1997
From:	Jaudon J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
To:	Mcneil D AFFILIATION NOT ASSIGNED
References
IA-97-001, IA-97-1, NUDOCS 9704170243
Download: ML20137V231 (5)

Text

1. 8?og UNITED STATES 7

/ g4 NUCLEAR REGULATORY COMMISSION FtEGION 11 AT TA, dlA 199

\ [ JNUARY 16, 1997 IA 97 001 Mr. Darryl D. McNeil

[HOME ADDRESS DELETED UNDER 10 CFR 2.790]

SUBJECT:

NRC 0FFICE OF INVESTIGATIONS REPORT N0. 2 96 005

Dear Mr. McNeil:

This letter refers to the investigation conducted by the Nuclear Regulatory Commission (NRC) Office of Investigations (01) during the period March 6, 1996, through December 13, 1996. The OI investigation consisted of a review of the circumstances surrounding the loss of control of a security badge at Florida Power Corporation's (FPC) Crystal River site on February 9,1996. 01, in its investigation report issued on December 13, 1996, concluded that ,

" contract security employees intentionally and deliberately consaired to cover '

up the loss of the security badge by placing the badge back in t1e rack." A copy of the synopsis to the 01 investigation report is enclosed (Enclosure 1). l Based on the results of the OI investigation, your actions in this case appear  ;

to have violated NRC requirements. Specifically, it appears that you engaged I in deliberate misconduct that caused FPC to be in violation of their NRC o)erating license in that you did not act to prevent a violation of the FPC P1ysical Security Plan by subordinate employees. Based on the investigation, on February 9,1996, you allowed security officers to violate Section 5.4.3 of the FPC Physical Security Plan when a security access badge was found to have been improperly taken offsite outside the observation and control of security force personnel. Instead of deactivating the badge in the security access computer and initiating an investigation upon being informed of the mistake, you permitted two officers: (1) to retrieve the individual's badge when he returned to the site later that day: (2) to card the badge out as if it had been processed properly upon exit from the plant; and (3) to return the badge to the badge rack. Your actions are of particular concern to the NRC in that it appears that you failed to meet your responsibilities as a supervisor. As a line manager, the NRC expects you to set the standards for employee conduct as well ensure that employees comply with FPC and NRC requirements.

Your actions on February 9,1996, apaear to be an ap)arent violation of 10 CFR 50.5, Deliberate Misconduct (Enclosure 2). T11s apparent violation is being considered for escalated enforcement action in accordance with the

" General Statement of Policy and Procedures for NRC Enforcement Actions" (Enforcement Policy), NUREG-1600, a copy of which is enclosed for your reference (Enclosure 3). However,beadvisedthatthecharacterizationofthey apparent violation described here may change as a result of further NRC review. ;l CERTIFIED MAIL NO. Z 238 513 755 RETURN RECEIPT REQUESTED 1%MU l!lli,lllllllylllllllllllllll!!!!

9704170243 970116 '

PDR ADOCK 05000302 G PDR

D. McNeil 2 The circumstances surrounding the apparent violation were investigated by OI, and included an interview with you. As a result, it may not be necessary to conduct a predecisional enforcement conference to enable the NRC to make an enforcement decision. However, no enforcement action is presently being issued for these investigative findings. Before the NRC makes its enforcement decision, we are providing you an opportunity to either (1) respond to the apparent violation addressed above within 30 days of the date of this letter or (2) request a predecisional enforcement conference. Please contact Bruno Uryc, Director, Enforcement and Investigations Coordination Staff at 404 331- 5505 or Paul Fredrickson, Chief, Special Inspection Branch at 404-331-5596 within seven days of the date of this letter to notify the N'lC of your intended response. You may also reach either individual at 1 800-577-8510. Any conference scheduled with you personally will be closed to the public and transcribed. You also have the right to bring a personal representative or legal counsel.

Should you decline to participate in a conference, you should provide a written explanation to that effect as well as an explanation addressing the factors described below. These explanations should be provided to this office within 30 days of your receipt of this letter. Also, be advised that should you decide not to participate in a conference, the NRC will pursue enforcement action based on the information obtained by 01 and the information provided in your written response. Your response should be marked as a " Response to An Apparent Violation with regard to NRC Office of Investigations Report No. 2-96 005" and should include: (1) the reason for the apparent violation, or, if contested, the basis for disputing the apparent violation, (2) the corrective steps that have been taken and the results achieved. (3) the corrective steps that will be taken to avoid further violations, and (4) the date when full compliance will be achieved. In addition, your response should include an explanation as to why the NRC should permit your future involvement in NRC-licensed activities. Your response should be submitted under oath or affirmation and may reference or include previously docketed correspondence, if the correspondence adequately addresses the required response. If an adequate response is not received within the time specified or an extension of time has not been requested and granted by the NRC, the NRC will proceed with its enforcement decision. You will be advised by separate correspondence of the results of our deliberations on this matter.

Your attention is directed to Section V of the Enforcement Policy which explains the purpose of predecisional enforcement conferences and Section VIII which explains enforcement actions involving individuals. Note that the enforcement sanctions that could be assessed against an individual include a Letter of Reprimand, a Notice of Violation, and/or an Order prohibiting or restricting involvement in NRC-licensed activities for a term of years.

At the conclusion of NRC's deliberations on the matter, in accordance with 10 CFR 2.790 of the NRC's " Rules of Practice," a copy of this letter,

D. McNeil 3 Enclosure 1, and your response (if you choose to provide one) will be placed in the NRC Public Document Room (PDR). To the extent possible, your response should not include any personal privacy, 3roprietary, or safeguards information so that it can be placed in t1e PDR without redaction.

Sincerely, Sh7dflM k'

[W Johns Jaudon, Director Division of Reactor Safety

Enclosures:

1. Synopsis for 01 Case No. 2 96-005

2. 10 CFR 50.5

3. NUREG 1600. Enforcement Policy cc w/ encl 1 [HOME ADDRESS DELETED]:

Florida Power Corporation Crystal River Energy Complex Mr. P. M. Beard, Jr. (SA2A)

Sr. VP, Nuclear Operations .

ATTN: Mgr., Nuclear Licensing l 15760 West Power Line Street Crystal River, FL 34428-6708 l

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SYNOPSIS

< The U.S. Nuclear Regulatory Commission (NRC), Region 11, Office of Investigations, initiated this investigation on March 6,1996, to determine if a Florida Power Corporation contract security guard at the Crystal River Nuclear Plant, who lost control of a security badge, colluded with another security guard and security  ;

lieutenant to cover up the loss by placing the badge back in the rack.  !

The evidence developed during this investigation substantiated that the contract i security employees intentionally and deliberately conspired to cover up the loss of a security badge by placing the badge back in the rsck. l l

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Case No. 2-96-005 1 l

Enclosure 1 l

D. McNeil 4 {

Distribution w/ enc 1 1 fHOME ADDRESS DELETEDl:

J. Lieberman, OE I L. Ragahaven, NRR J. Cunningham, NRR L. Mellen, RII  !

K. Landis, RII i B. Uryc, RII P. Fredrickson, RII OE:EA File (BSummers, OE)(2 letterhead) 1 PUBLIC (Hold until enforcement action is completed EICS Action) i NRC Resident Inspector U.S. Nuclear Regulatory Commission 6745 N. Tallahassee Road- <

Crystal River, Florida 34428 l l

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