ML20138C107

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Notice of Violation from Insp on 970317-21.Violation Noted:Safeguards Documents Discovered Outside Protected Area Unsecured in Terminated Employee Desk
ML20138C107
Person / Time
Site: Palo Verde  Arizona Public Service icon.png
Issue date: 04/22/1997
From:
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV)
To:
Shared Package
ML20138C081 List:
References
50-528-97-08, 50-528-97-8, 50-529-97-08, 50-529-97-8, 50-530-97-08, 50-530-97-8, NUDOCS 9704300041
Download: ML20138C107 (3)


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f DOCUMENT CONTAINS S AFEGUARDS INFORMATION NOTICE OF VIOLATION l

s Arizona Public Service Company Docket: 50 528, 50-529, and 50-530 Palo Verde Nuclear Generating Station License: NPF-41, NPF-51, NPF-74 During an NRC inspection conducted on March 17-21,1997, a violation of NRC requirements was identified. in addition, three unresolved items identified during NRC Inspection 50-528;-529;-530/96-20 conducted October 7-11,1996, were dispositioned as a violation. In accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions," 10 CFR Part 2, Appendix C, the violations are listed below:

Paragraph 2.E. of the Facility Operating License No. NPF-41 for Pato Verde Nuclear Generating Station requires the licensee to fully implement and maintain in effect all provisions of the Commission-approved physical security, guard training and qualification, and safeguards contingency plans, including all amendments to those plans made pursuant to provisions of the Miscellaneous Amendments aad Search Requirements revisions to 10 CFR 73.55, and pursuant to the authority of 10 CFR 50.90 and 10 CFR 50.54(p).

A.

10 CFR 73.21 (d)(2) states that when unattended, safeguards information shall be stored in a locked security storage container.

Paragraph 3.8.2 of licensee Procedure 20DP-OSK43, " Control of Safeguards information," requires that while in use, safeguards information shall be under the control of an authorized individual. Paragraph 3.8.3 states that when unattended, safeguards information shall be stored in an approved locked security storage container.

Contrary to the above, on September 13,1996, a safeguards document was discovered outside the protected area unsecured in a terminated employee's desk.

The document had been in the unapproved storage container for approximately 2 years. Further, the persons finding the document placed it unsecured in another desk for four additional days before notifying a supervisor, i

This is a Severity Level IV violation (Supplement Ill) (50-528;-529;-530/9708-01).

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B.

10 CFR 73.55(c)(7) states, " Vehicle control measures, including vehicle barrier systems, must be established to protect against use of a land vehicle, as specified j

by the Commission, as a means of transportation to gain unauthorized proximity to vital areas."

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l Paragraph 4.1.12 of the !icensee's physical security plan requires that the vehicle control measures required by 10 CFR Part 73.55(c)(7), for protection against the malevolent use of vehicles at the Palo Verde Nuclear Generating Station, will stop the design basis vehicles and explosives outside the safe standoff distance.

Contrary to the above, the inspector identified on October 8,1996, that portions of the licensee's installed vehicle barrier system could not stop a design basis vehicle I

outside of the safe standoff distance. Specifically-l 1.

Inadequate hardware was used en two active barriers that could result in not 4

stopping a design basis vehicle.

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A design basis vs c le could drive through active barriers which routinely remained in the 1,ed (open position for several minutes. This situation was t

observable and predictable.

l A design basis vehicle could drive through gaps in the vehicle barrier system j

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at two locations.

Specific details of the violations are discussed in Sections 3.1,3.2, and 3.3 of the enclosed safeguards inspection report, This is a Severity Level IV v;nstion (Supplement lil) (50-528;-529;-530/9708-03).

Pursuant to the provisions of 10 CFR 2.201, Arizona Public Service Company is hereby required to submit a written statement or explanation to the U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, D.C. 20555 with a copy to the i

Regional Administrator, Region IV, and a copy to the NRC Resident inspector at the facility that is the subject of this Notice, within 30 days of the date of the letter transmitting this Notice of Violation (Notice). This reply should be clearly marked as a " Reply to a Notice of I

Violation" and should include for each violation: (1) the reason for the violation, or, if contested, the basis for disputing the 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. Your response may reference or include previous docketed correspondence, if the correspondence adequately DOCUMENT CONTAINS ENCLOSURE CONTAINS 4

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addresses the required response, if an adequate reply is not received within the time specified in this Notice, an order or a Demand for Information may be issued to show cause why the license should not be modified, suspended, or revoked, or why such other i

action as may be proper should not be taken. Where good cause is shown, consideration will be given to extending the response time.

Because the response will be placed in the NRC Public Document Room, (PDR), to the extent possible, it should not include any personal, privt:

roprietary, or safeguards information so that it can be placed in the PDR without tc _.: tion. However, if it is necessary to include such information, it should clearly indicate the specific information that should not be placed in the PDR, and provide the legal basis to support the request for withholding the information from the public.

Dated at Arlington, Texas this[-day of April 1997 i

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