ML20203C412

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Forwards Insp Rept 50-302/86-02 on 860102-03,notice of Violation & Proposed Imposition of Civil Penalties in Amount of $100,000 Re Breach of Physical Security of Vital Area Barrier.Notice Withheld (Ref 10CFR2.790(d) & 73.21)
ML20203C412
Person / Time
Site: Crystal River Duke Energy icon.png
Issue date: 04/16/1986
From: Grace J
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
To: Wilgus W
FLORIDA POWER CORP.
Shared Package
ML20203C417 List:
References
EA-86-022, EA-86-22, NUDOCS 8604210151
Download: ML20203C412 (3)


See also: IR 05000302/1986002

Text

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SAFEGUARDS INFORMATION

APR 161986

Docket No. 50-302

License No. DPR-72

EA 86-22

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Florida Power Corporation

ATTN: Mr. W. S. Wilgus

Vice President Nuclear Operations

P.O. Box 14042, M.A.C. H-2

St. Petersburg, FL 33733

Gentlemen:

SUBJECT: NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTIES

(NRC INSPECTION REPORT NO. 50-302/86-02)

This refers to the special inspection conducted on January 2-3, 1986, at

Crystal River Unit 3 to review the circumstances surrounding the discovery by

the licensee of a breached vital area barrier. Apparently, the breach was

deliberately made by an unknown person or persons on or before August 20, 1985.

It was noted that Crystal River Unit 3 was in an outage from March 9 until

August 20, 1985, and was in Mode 1 at the time the event was reported to

security on December 18, 1985. An Enforcement Conference to discuss this

matter was held in the Region II office on January 28, 1986.

TheNRCisparticularlyconcerh'edwiththelackofaneffectiveprogramto

assure the continued integrity of vital area barriers. The need for such a

comprehensive program was previously brought to your attention as a result of

a violation which was the subject of enforcement action in an Order Imposing

Civil Monetary Penalty, dated July 29, 1985. In addition, the NRC is concerned

about the apparent weakness in your program for educating employees on the

importance of reporting security violations. Your response to the Notice should

specifically address the actions you plan to take to improve your program to

assure the integrity of vital area barriers. If these violations in the

security area continue to occur, additional escalated enforcement actiors

will be taken.

To emphasize the importance of ensuring that physical security commitments are

fully implemented and the integrity of security barriers is maintained, 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 Penalties in the amount of One Hundred Thousand Dollars

($100,000) for the violations 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 (1985), the violations described in the

enclosed Notice have been categorized in the aggregate as a Severity Level III

,

problem. The base civil penalty for a Severity Level III violation is $50,000. g

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The escalation and mitigation factors in the Enforcement Policy were considered,

and the base civil penalty amount has been increased by 100 percent because

of: (1) inadequate corrective action taken as demonstrated by improper

positioning of the compensatory guard; (2) poor past performance in the physical

security area as demonstrated by a Category 3 rating in your last Systematic

Assessment of Licensee Performance (SALP) evaluation; (3) the lack of

effectiveness of previous corrective action for similar problems; and (4) the

length of time the breach in the vital area barrier existed, considering the

number of opportunities which were available for the licensee to discover and

. correct the breach.

You are required to respond to this letter and should follow the instructions

specified in the enclosed Notice when preparing your response. In your 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 whether

further NRC enforcement action is necessary to ensure compliance with NRC

regulatory requirements.

In accordance with 10 CFR 2.790(d) and 10 CFR 73.21, safeguards activities and

security measures are exempt from public disclosure; therefore, the enclosures

to this letter, with the exception of the report cover page which represents

a nonexempt summary, will not be placed in NRC's Public Document Room.

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

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

, ,

Sincerely,

J. Nelson Grace

Regional Administrator .

Enclosures:

1. Notice of Violation and Proposed

Imposition of Civil Penalties

(Safeguards Information) '

2. Inspection Report No. 50-302/86-02

(Safeguards Information)

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P. F. McKee, Nuclear Plant Manager

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Nuclear Operations Licensing

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