ML20196C946

Notice of Violation from Insp Completed on 990422.Violation Noted:Licensee Failed to Consider Info Contained During Background Investigation Before Granting Temporary Unescorted Access to Contractor Employee

ML20196C946
Person / Time
Site:	Waterford
Issue date:	06/15/1999
From:	NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV)
To:
Shared Package
ML20196C876	List: ML20196C871 ML20196C946
References
50-382-99-08, 50-382-99-8, EA-99-104, NUDOCS 9906240159
Download: ML20196C946 (2)

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NOTICE C F VIOLATION Entergy Operations, Inc. Docket No. 50-382 Waterford 3 Steam Electric Station License No. NPF-38 EA 99-104 During ar, NRC inspection completed April 22,1999, a violation of NRC requirements was identified. In accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions,' NUREG-1600, Rev.1, the violation is listed below:

10 CFR 73.56(b)(1) states, in part, that the licensee shall establish and maintain an access authorization program granting unescorted access to protected and vital areas with the objective of providing high assurance that individuals granted unescorted access are trustworthy and reliable.10 CFR 73.56(a)(1) required the licensee to incorporate the access authorization program into the site Physical Security Plan and implement it.

Paragraph 2.3.1 of the licensee's Physical Security Plan' commits to Regulatory Guide 5.66, Access Authorization Program For Nuclear Power Plants,in its entirety.

Paragraph 7.1 of Regulatory Guide 5.66 states, in part, that in its decision to grant unescorted access, the utility shall consider information obtained during the background inve'stigation. Paragraph 7.1 also states,"In making a determination of trustworthiness and reliability, the following must be considered: .... b. lilegal use or possession of a controlled substance or abuse of alcohol without adequate evidence of rehabilitation."

Paragraph 6.8.1 of Entergy Corporate Security Departmental Procedure CS-DP-104, Revision 0, states that the licensee's decision to grant unescorted access authorization shall be based upon review of allinformation developed during the completion of a background investigation and psychological evaluation. In addition, paragraph 6.8.3 states that the licensee must consider illegal use or possession of a controlled substance or abuse of alcohol without adequate evidence of rehabilitation.

Contrary to the above, on February 23,1999, the licensee failed to consider information obtained during a background investigation before granting temporary unescorted access to a contractor employee. The licensee failed to consider information obtained during the employce's background investigation which indicated use of a controlled substance without adequate evidence of rehabilitation. Specifically, the background investigation for this employee revealed that the employee had recently failed another employer's pre-employment drug screening by testing positive for drugs. (01013)

This is a Severity Level 111 violation (Supplement Ill).

The NRC has concluded that information regarding the reason for the violation, the corrective actions taken and planned to correct the violation and prevent recurrence, and the date when full compliance was achieved is already adequately addressed on the docket in Entergy's June 3,1999 letter to the NRC and in Security incident Report 99-SO2-00 which Entergy submitted to the NRC on April 22,1999. However, you are required to submit a written statement or explanation pursuant to 10 CFR 2.201 if the description in these documents does not accurately reflect your corrective actions or your position. In that. case, or if you choose to respond, clearly 9906240159 990615 PDR ADOCK 05000382 G PDR

r mark your response as a " Reply to a Notice of Violation," and send it to the U.S. Nuclear Regulatory Commission,' ATTN: Document Control Desk, Washington, DC 20555 with a copy >

to the Regional Administrator, Region IV,611 Ryan Plaza Drive, Suite 400, Arlington, Texas 76011, 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).

If you contest this enforcement action, you should also provide a copy of your response, with the basis for your denial, to the Director, Office of Enforcement, United States Nuclear Regulatory Commission, Washington, DC 20555-0001. .

If you choose to respond, your response will be placed in the NRC Public Document Room (PDR). Therefore, to the extent possible, the response should not include any personal privacy, proprietary, or safeguards information so that it can be placed in the PDR without redaction. If personal privacy or proprietary information is necessary to provide an acceptable response,

, then please provide a bracketed copy of your response that identifies the information that should be protected and a redacted copy of your response that deletes such information. If you request withholding of such material, you must specifically identify the portions of your response that you seek to have withheld and provide in detail the bases for your claim of withholding (e.g., explain why the disclosure of information will create an unwarranted invasion of personal privacy or provide the information required by 10 CFR 2.790(b) to support a request for withholding confidenHal commercial or financial information). If safeguards information is .

necessary to provide an acceptable response, please provide the level of protection described l in 10 CFR 73.21. -

I Dated this _ntlifay of June 1999

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