ML20196D639

Notice of Violation from Insp on 981019-24.Violation Noted: Licensee Submitted Physical Security Plan Rev 40 Which Contained 10 Changes to Physical Security Plan That Decreased Safeguard Effectiveness of Plan

ML20196D639
Person / Time
Site:	Palo Verde
Issue date:	11/20/1998
From:	NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV)
To:
Shared Package
ML20196D635	List: IR 05000528/1998013 ML20196D629 ML20196D639
References
50-528-98-13, 50-529-98-13, 50-530-98-13, NUDOCS 9812020298
Download: ML20196D639 (2)

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ENCLOSURE 1 NOTICE OF VIOLATION i

Arizona Public Service Company Docket Nos.: 50-528 50-529 i

50-530

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Palo Verde Nuclear Generating Station License Nos.: NPF-41 NPF-51 NPF-74 During an NRC inspection conducted on October 19-24,1998, one violation of NRC requirements was identifigd. In accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions," NUREG-1600, the violation is listed below:

Paragraph 2.E. of the Facility Operating License NPF-41 for Palo 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 and Search Requirements revisions to 10 CFR 73.55, and pursuant to the authority of 10 CFR 50.90 and 10 CFR 50.54(p).

10 CFR 50.54(p)(2) states that the licensee may make changes to the plan without prior Commission approvalif the changes do not decrease the safeguards effectiveness of the plan.

Contrary to the above, the licensee submitted Physical Security Plan Revision 40

.which contained 10 changes to the physical security plan that decreased the safeguards effectiveness of the plan. Three of the changes were implemented prior to the review of the plan change by NRC staff. Examples of plan decreases included l

use of an unarmed security officer escort to an unsearched non-licensee designated vehicle, use of an unarmed security officer to provide personnel and vehicle searches, and reduction in the frequency of vital area foot patrols.

This is a Severity Level IV violation (Supplement 111)(50-528;-529;-530/9813-01).

l 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 l'

date when full compliance was achieved is already adequately addressed on the docket ir:

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the attached report. However, you are required to submit a written statement or DOCUMENT CONTAINS ENCLOSURE (S) CONTAIN(S)

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4 DOCUMENT CONTAINS SAFEGUARDS INFORMATION explanation pursuant to 10 CFR 2.201 if the description therein does not accurately reflect your corrective actions or your positicn. In that case, or if you choose to respond, clearly 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, D.C. 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 Vi>!ation (Notice),

if you contest this enforcement action, you should alt; provide a copy of your response to the Director, Office of Enforcement, United States Nuclear Regulatory Commission, Washington, DC 20555-0001.

Because your response, if,you choose to provide one, will be placed in the NRC Public Document Room (PDR), to the extent possible, it 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 confidential commercial or financial information), if safeguards information is necessary to provide an acceptable response, please provide the level of protection described in 10 CFR 73.21.

Dated at Arlington, Texas, this 20th day of November 1998.

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