ML20205M580
| ML20205M580 | |
| Person / Time | |
|---|---|
| Site: | Palo Verde  |
| Issue date: | 05/05/1986 |
| From: | Martin J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION V) |
| To: | |
| Shared Package | |
| ML20205M477 | List:
|
| References | |
| FOIA-86-329, FOIA-86-363, FOIA-86-A-175 50-528-86-7, 50-529-86-6, EA-86-065, EA-86-65, NUDOCS 8704020434 | |
| Download: ML20205M580 (5) | |
Text
_ _ _ _ _ _ __ _ __ _.__ _ _ _ _. _ _ _ _
l NOTICE OF VIOLATION AND
~
PROPOSED IMPOSITION OF CIVIL PENALTIES Arizona Nuclear Power Project Docket Nos. 50-528 and 50-529 4
P. O. Box 52014 License Nos. NPF-41 and NPF-46 1
Phoenix, Arizon) 85072-2034 EA 86-65 During a routine security inspection conducted at Units 1 and 2 from February 11 -
March 13, 1986, violations of NRC requirements were identified.
In accordance 1
with the " General Statement of Policy and Procedure for NRC Enforcement Actions,"
10 CFR Part 2, Appendix C (1985), the Nuclear Regulatory Commission proposes to impose civil penalties pursuant to Section 234 of the Atomic Energy Act of 1954, as amended, ("Act"), 42.U.S.C. 2282, PL 96-295, and 10 CFR 2.205. The particular
\\
violations and associated civil penalties are set forth below:
'4
)
Paragraph 2E of the Facility Operating Licenses No. NPF-41 and NPF-46 for the Palo Verde Nuclear Generating Station states in part:
"APS shall 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 and revisions made pursuant to the authority of 10 CFR 50.90 and 10 CFR 50.54(p), which are part of this license."
)
i A.
The licensee's approved Physical Security Plan (PSP) dated October 1974 o
Contrary to the above, between September 30 and October 29, 1985, vital area q
I a uc ouer 4 ca, an incivicual, autnorizec access one e protected area, wa,s admitted into this vital area. Additionally, on November 1, 1985, foe approximately 12 hours1.388889e-4 days <br />0.00333 hours <br />1.984127e-5 weeks <br />4.566e-6 months <br />, this vital area urtner, on uctooer or B.
The licensee's approved PSP dated October 1979, in Section 11.0 states in i
j Contrary to the above, on February 20, 1986, on three separate occasions a contract employee with acoroorf ate security traininn who was not authorized to enter the i
i THOMPG6-A-17D PDR t
l
I t
i e emp oyee,
- owever, a.v..,
_ caused l
aoai na alarms in the security alarm stations a total of six alarms:,
i t
The entry and exit alarms for the first two entries, and the entry alarm-for the third entry (total of 5 alarms) into this vital area were not i
responded to by members of the security force.
C.
The licensee's approved PSP dated October 1979, in Section 5.2.1 sta in part:
i i
-(1) Contrary to the above n September 30. 1985, the vital area barrier j
installed j
t aooitionasiy, i
on ovemoer to, vos, tne vitas area carrier 3
)
(2) Contrary to the above, on February 13, 1986, an opening in a vital
' area barrier in the vicinity of l
i c.
l
- i The license,e's approved PSP dated October 1979, in Section 5.2.1 states D.
Contrary to the above, on February 13,19 E.
The licensco's approved PSP dated October 1979, in Section 3.1.4 stat i
Contrary to the above, at aoproximately 9:30 p.m., February 11. 1986 an
.~
F.
10 CFR 73.71(c)' requires in part that each licensee notify the NRC Operations Center via the Emergen,cy' Notification System within one houry of an event classified as a " Major Loss of Physical Security Effectiveness" and within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> of an event classified es a " Moderate Loss of Physical Security' Effectiveness", and that the time period begins upon discovery.
of the event by any member c.f the security organization or any other employee of the licensee.
Further, the licensee shall submit a written report to the NRC Regional Office describing the event in detail within,.
5 days of the time of discovery.
Footnote 5 to 10 CFR 73.71 security effectiveness occu(c) indicates that a moderate loss of physical rs when a major loss of effectiveness occurs but is properly compensated; or when security features breakdown which allow unauthorized or undetected access to protected access areas; or when a breakdown in the security features protecting vital areas occurs leaving these areas under the protection of only one security system.
Contrary to the above, violations involving vital area barriers and inappropriate access levels on vital area doors, which provided an avenue for unauthorized access, plus unalarmed vital area doors, were properly compensated for when discovered on September 24, September 30, October 30, and November 26, 1985, but were not reported to the NRC. Additionally, on Deceinber 21, 1985, January 4 and January 23, 1986, mechanical problems were' encountered with vital area opened with other than wherein these doors compensated; however, they were noc reported to the NRC.inese events also were pr Collectively Violations A - F have been categorized as a Severity Level III problem ~(Supplement III).
(CivilPenaltibj-$100,000 assessed equally among the violations.)
Pursuant to the provisions of 10 CFR 2.201, the Arizona Nuclear Power Projec is hereby required to submit to the Director, Office of Inspection and Enforcement, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555, wi a copy to the Regional Administrator, U.S. Nuclear Regulatory Commission, Region V,1450 Maria Lane, Walnut Creek, California 94596, within 30 days of the date of this Notice, a written statement or explanation, including for each alleged violation:
the reasons for the violation, if admitted; (3) the corrective steps have been taken and the results achieved; (4) the corrective steps which will be taken to avoid further violations; and (5) the date when full compliance will be achieved.
If an adequate reply is not ter.eived within the time may issue an order to show cause why the license shou suspended, or revoked or why such other action as may be proper should not be taken.
Consideration may be given to extending the response time for good causc shown.
this response shall be submitted under oath or af firmation.Under th
Within the same time a's provided for the. response required above under 10 CFR 2.201, Arizona Nuclear Power Project may pay the civil penalties by letter addressed to the Director, Office of Inspection and Enforcement, with a check, draf t, or money order payable to the Treasurer of the United States in the amount of $100,D00 or may protest imposition of the civil penalties, in whole'.or in part, by a written answer addressed to the Director, Office of Inspection '
and Enforcement.
Should Arizona Nuclear Power Project fail to answer within.
the time specified, the Director, Office of Inspection and Enforcement, will'.
issue an order imposing the civil penalties in the amount proposed above.
Should Arizona Nuclear Power Project elect to file an answer in accordance with 10 CFR 2.205 protesting the civil penalties, such answer may: (1) deny the violations listed in this Notice, in whole or in part; (2) demonstrate extenuating circumstances; (3) show error in this Notice; or (4) show other 1
reasons why the penalties should not be imposed.
In addition to protesting the civil penalties in whole or in part, such answer may request remission or mitigation of the penalties.
In requesting mitigation of the proposed penalties, the five factors contained
[
in Section V.B of 10 CFR Part 2, Appendix C (1985) should be addressed.
Any written answer in accordance with 10 CFR 2.205 should be set forth separately from the statement or explanation in reply pursuant to 10 CFR 2.201 but may incorporate stater:ents or explanations by specific reference (e.g., citing page and paragraph numbers) to avoid repetition.
Arizona Nuclear Power Project's' attention is directed to the other provisions of 10 CFR 2.205, regarding the procedures for imposing civil penalties.
Upon failure to pay any civil penalties due, which has been subsequently determined in accordance with the applicable provisions of 10 CFR 2.205, this matter may-be referred to the Attorney General, and the penalties unless compromised, remitted, or mitigated, may be collected by civil action pursuant to Section 234c.'of the Act, 42 U.S.C. 2282.
FOR THE NUCLEAR REGULATORY COMMISSION Q.%
M 0_ _ -
,, g gpJohn
. Martin
&N Regional Administratar Date at Walnut Creek, California, this r'<4 day of May 1986.
i
{
l m
- o
(
(
Arizona Nuclear Power Project DISTRIBUTION bec w/ enc 1:
SECY CA
.g JMTaylor, IE RVollmer, IE JMartin, RV JAxelrad IE
- JLieberman, ELD Enforcement Officers.
RI, RII, RIII, RIV, RV LCobb,'IE
- ' 4.,
FIngr JCroo,am, PA ks, AE00 BHafes,01 SConnelly, CIA DNossbaumer, OSP IE:ES File IE:EA File BSummers, IE (1tr hd)
RBurnett, HMSS DCS e
lg
- 2..
e e
4 6