ML20205C747

Discusses Insp Repts 50-400/86-95 & 50-400/87-07 on 861230-31 & 870127-28 & Forwards Notice of Violation. Violations Involve Failure to Maintain Adequate Vital Area Barrier.Notice Withheld (Ref 10CFR2.790 & 73.21)

ML20205C747
Person / Time
Site:	Harris
Issue date:	03/20/1987
From:	Grace J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
To:	Utley E CAROLINA POWER & LIGHT CO.
References
EA-87-029, EA-87-29, NUDOCS 8703300251
Download: ML20205C747 (3)

See also: IR 05000400/1986095

Text

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SAFEGUARDS.lNFORMATION

MAR 2 01987

Docket No. 50-400

License Nos. NPF-53 and NPF-63-

EA 87-29

Carolina Power and Light Company

ATTN: Mr. E. E. Utley

Senior Executive Vice President

Power Supply and Engineering

and Construction

P. O. Box 1551

Raleigh,-NC 27602

Gentlemen:

SUBJECT: NOTICE OF VIOLATION

(NRC INSPECTION REPORT NO. 50-400/86-95 AND 50-400/87-07)

This refers to the Nuclear Regulatory Commission (NRC) inspections conducted by

Ms. O. Masnyk at Shearon Harris on December 30-31, 1986, and January 27-28, 1987.

The inspections included a review of the circumstances surrounding the breach

of vital area barriers which were identified by members of your staff and

reported to the NRC. The reports documenting these inspections were sent to you

with letters dated January 21, 1987, and February 13, 1987. NRC concerns relative

to the inspection findings were discussed by Mr. M. L. Ernst, Deputy Regional

Administrator,' NRC, Region II, with Mr. M. A. McDuffie, Senior Vice President

Nuclear Generation, Carolina Power and Light Company, in an Enforcement

Conference held on February 4, 1987.

The violations described in the enclosed Notice of Violation involved two

, failures to maintain an adequate vital area barrier. The first violation

-involved a ventilation duct which provided a pathway from the protected area into

~ a vital area. This pathway existed from sometime in November 1986 when a

temporary air conditioning unit was removed until discovery by the licensee on

January 21, 1987. The second violation involved the removal of a floor plug from

.a vital area barrier without a member of the security force being present as a

compensatory measure. This breach remained in effect for six hours and forty

minutes. In order to traverse the pathway caused by the plug's removal an

individual would have to have navigated approximately 30 feet horizontally

through an unlighted pipe chase followed by a 35-foot vertical drop into the

vital area. The plant was in Mode 5 at this time.

-In accordance with the " General Statement of Policy and Procedure for NRC

Enforcement Actions," 10 CFR Part 2, Appendix C (1986), the first violation has

been classified as a Severity Level III violation and the second violation has

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been classified as a Severity Level IV violation. Normally, a civil penalty is

proposed for a Severity Level III violation. However, after consultation with

the Director, Office of Inspection and Enforcement I have decided that a civil

penalty will not be proposed in this case due to your prompt identification and

reporting and due to your unusually prompt and extensive corrective actions.

Although Violation A was not identified for several months, the NRC believes

this resulted from the fact that the degraded barrier was difficult to discover.

However, once the degraded barrier was discovered you took corrective measures

and promptly notified the NRC. It should be noted, however, that the NRC expects

licensees to identify security vulnerabilities in a timely manner and the NRC

anticipates improvements in the area of identification of security problems.

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 takea and any additional actions you

plan to prevent recurrence. After reviewing your response to this Notice,

including your proposed corrective actions, the NRC will detennine 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 enclosure to

this letter, with the exception of the report cover page which presents a

nonexempt sununary, will not be placed in the NRC Public Document Room.

The responses directed by this letter and its enclosure 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.

Should you have any questions concerning this letter, please contact us.

Sincerely,

J. Nelson Grace

Regional Administrator

Enclosure:

Notice of Violation

(Safeguards Information)

cc w/ encl:

R. A. Watson, Vice President

Harris Nuclear Project

D. L. Tibbitts, Director of Regulatory

Compliance

J. L. Willis, Plant General Manager enegg,

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