ML20203B076

Discusses Insp Rept 50-482/85-44 on 851202-05 & Forwards Notice of Violation & Proposed Imposition of Civil Penalty in Amount of $40,000.Notice of Violation & Proposed Imposition of Civil Penalty Withheld (Ref 10CFR73.21)

ML20203B076
Person / Time
Site:	Wolf Creek
Issue date:	07/07/1986
From:	Martin R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV)
To:	Koester G KANSAS GAS & ELECTRIC CO.
References
EA-86-084, EA-86-84, NUDOCS 8607170454
Download: ML20203B076 (3)

See also: IR 05000482/1985044

Text

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JUL 71986

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Docket No. 50-482

License No. NPF-42

EA 86-84

Kansas Gas & Electric Company

ATTN: Glenn L. Koester

Vice President - Nuclear

P: 0. Box 208

Wichita, Kansas 67201

Gentlemen:

SUBJECT: NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY

(NRC INSPECTION REPORT N0. 50-482/85-44)

This refers to the inspection conducted on December 2-5, 1985 at the Wolf

Creek Generating Station, Burlington, Kansas. This was a followup inspection

to a security matter identified to the NRC by your staff on November 4, 1985.

An enforcement conference to discuss these matters was held on November 25, 1985,

at the Region IV offices in Arlington, Texas.

As determined by your staff, the inspection confirmed that multiple uncontrolled

access paths existed from the Owner Controlled Area (OCA) into the Protected

Area (PA) and in two instances into Vital Areas (VA). It appears that this

condition has existed since the storm drain system was installed, and the plant

has been in violation of NRC regulations and its security plan since the

operating license was granted on March 11, 1985. The causes for this situation

included design oversight during the system planning stage, construction

deficiencies which resulted in the failure to install some manway covers in

accordance with the drawings, and the failure of the startup testing / surveillance

program to identify these deficiencies. This violation demonstrates a weakness

in the management oversight of coordination between the various organizational

entities which may affect facility security.

To emphasize the need to provide integrated management control of the security

program, I have been authorized, after consultation with the Director, Office

of Inspection and Enforcement, to issue the enclosed Notice of Violation and

-Proposed Imposition of Civil Penalty in the amount of Forty Thousand Dollars

($40,000) for the violation described in the enclosed Notice. In accordance

with the " General Statement of Policy and Procedure for NRC Enforcement Actions,"

10 CFR Part 2, Appendix C (1986) (Enforcement Policy), the violation described

in the enclosed Notice has been categorized at a Severity Level II. The

violation has been categorized at Severity Level II because two of the elements

of access control, namely barrier and monitoring, were inadequate at both the

protected area and vital area barriers. The basu civil-penalty for a Severity

Level II violation is $80,000. The NRC Enforcement Policy allows for reduction

CERTIFIED MAIL

RETURN RECEIPT REQUESTED

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of a civil penalty under certain circumstances. In this case, the base civil

i penalty is reduced by 50 percent because of your prompt identification and -

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reporting of the incident as soon as you became aware of it, because of L

your prompt and extensive corrective actions, and because of your prior good

! performance in the security area. However, further mitigation is not warranted 8

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because of the severity of the violation, the multiple examples of pathways from

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outside the protected area into your facility, and because of the duration of

! these barrier degradations.

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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. In your

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j response, you should document the specific actions taken and any additional

-

actions you plan to prevent recurrence. After reviewing your response to this

! Notice, including your proposed corrective actions, the NRC will determine

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whether further NRC enforcement action is necessary to ensure compliance with v

NRC regulatory requirements,

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j The material enclosed herewith contains Safeguards Information as defined by

'

10 CFR 73.21 and its disclosure to unauthorized individuals is prohibited by

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Section 147 of the Atomic Energy Act of 1954, as amended. Therefore, the

! material will not be placed in the Public Document Room.  ;

4

i

The responses directed by this letter and the enclosed Notice are not subject [

to the clearance procedures of the Office of Management and Budget as required

j by the Paperwork Reduction Act of 1980, PL 96-511.

j Sincerely,

i  !

j ORIGINAL $1GNED BY

j ROBERT P. MARTIN

l Robert D. Martin

! Regional Administrator

!

! Enclosure:

i Notice of Violation and

l Proposed Imposition of

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Civil Penalty

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cc: Kansas Radiation Control Program Director

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DISTRIBUTION

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JMTaylor, IE

JLieberman, ELD

LCobb, IE

FIngram, PA

JCrooks, AE00

BHayes, 01

SConnelly OIA

DNussbaumer, OSP

H. Denton, NRR gu}fg

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IE:EA File

BSumers, IE (ltr hd)

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1. DESIGNATED enzaryAI, -

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JAxelrad, IE e '

Certified 37

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Enforcement Officers '- ' ' W - c-i-

RI, RII, RIII, RV

J. Gibson, SSPD/NRR "

RBurnett, NMSS

RIV Distribution w/ encl:

R. Martin, RIV

EP&SPS

RIV Security Files

DPowers

RIV Distribution w/o encl:

Div. Director (DRSP) C. Wisner

Div. Director (DRSS) R. Doda

J. Gagliardo, RPB

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