ML20205P207

Discusses Insp Repts 50-295/98-02,50-304/98-02 & OI Rept 3-98-015 Completed on 981112 & Forwards Nov.Violation Involves Zion Supervisor Who Willingly Failed to Protect Unattended SGI from Unauthorized Disclosure

ML20205P207
Person / Time
Site:	Zion  File:ZionSolutions icon.png
Issue date:	04/09/1999
From:	Dyer J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To:	Kingsley O COMMONWEALTH EDISON CO.
Shared Package
ML20205P210	List: ML20205P207 ML20205P221
References
50-295-98-02, 50-295-98-2, 50-304-98-02, 50-304-98-2, EA-98-558, NUDOCS 9904200072
Download: ML20205P207 (4)

See also: IR 05000295/1998002

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UZlTE3 STATES

• "4<,It NUCLEAR RE!ULATORY COMMISSION

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5 'f 801 WARRENvlLLE ROAD

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April 9, 1999 j

EA 98-558

Mr. Oliver D. Kingsley

President, Nuclear Generation Group

Commonwealth Edison Company

ATTN: Regulatory Services

Executive Towers West 111

1400 Opus Place, Suite 500

Downers Grove,IL 60515

SUBJECT: NOTICE OF VIOLATION

(NRC INSPECTION REPORT NOS. 50-295/98002(DRS); 50-304/98002(DRS))

(NRC OFFICE OF INVESTIGATIONS REPORT NO. 3-98-015)

Dear Mr. Kingsley:

This refers to the inspection and subsequent investigation by the U.S. Nuclear Regulatory

Commission (NRC) Office of k,vestigations (01) into information reported to the NRC by the

Commonwealth Edison Company (Comed). On January 14,1998, Comed representatives

notified the NRC that Safeguards Information (SGI) was not locked in a security storage

container while the SGI was unattended at the Zion Station from approximately July 1997 to

January 14; 1998. Comed representatives recontacted the NRC on January 22; 1998, and

reported that additional unattended and unprotected SGI documents had been found at the

same location.

Based on the information developed during the NRC inspection, the Ol investigation, Comed's

investigation, and the information provided in Comed's letter dated March 18,1999, in

response to the February 16,1999 letter from the NRC, the NRC has determined that a

violation of NRC requirements occurred. The violation is cited in the enclosed Notice of

Violation (Notice) and the circumstances surrounding it are described in detailin the inspection

report, the investigation reports, the February 16,1999 letter from the NRC, and the Comed

letter dated March 18,1999. In summary, a lead electrical designer, a supervisor, at the Zion

Station willfully failed to protect unattended SGI from unauthorized disclosure by storing the SGI

in open packages on the floor of his work cubicle .n the Design Engineering Department, which

was located outside of the protected area at the Zion Station. The willful actions of this

supervisor placed Corned in violation of 10 CFR 73.21(d)(2).

The NRC recognizes that the SGI in this case would not have assisted an individual in an

attempted act of radiological sabotage or theft of strategic special nuclear material.

Nevertheless, the NRC expects and demands that all employees, especially supervisors, follow

all established procedures to ensure SGI is protected from unauthorized d% closure.

Unfortunately, that was not the case in this instance, as a supervisor willfully stored SGI on the

floor of his work area and not in a locked security container while the SGI was unattended.

Therefore, this violation has been categorized in accordance with the " General Statement of

9904200072 990409 f

PDR ADOCK 05000295

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O. Kingsley -2-

Policy and Procedure for NRC Enforcement Actions" (Enforcement Policy'), NUREG-1600, at

Severity Level 111.

In accordance with the Enforcement Policy, a base civil penalty of $55,000 is considered for a

Severity Level lil violation. Because the Zion Station was the subject of an escalated

enforcement action within the two years preceding this Severity Level ill violation,' the NRC

considered whether credit was warranted for identification and Conective Action in accordance

with the civil penalty assessment process in Section VI.B.2 of the Enforcement Policy. Credit

was given for Identification because Comed identified the violation and notified the NRC.

Credit was also given for Corrective Action because of the immediate and long term measures

taken by Comed. The corrective actions are described in Section S8.1.b of the inspectic.

report, and include, but are not limited to: (1) retrieving the SGI and transferring it to the site

security organization; (2) briefing employees of the Design Engineering Department about the

incident; (3) retraining those employees on the proper handling and storage of SGl; and

(4) disciplining and retraining the senior electrical designer. Also, the volume of SGI on site i

was greatly reduced with the cessation of nuclear operations at the Zion Station. J

Therefore, to encourage promptidentification and comprehensive correct;on of violations,1

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have been authorized, after consultation with the Director, NRC Office of Enforcement, not to i

propose a civil penalty for this Severity Level ill violation. However, significant violations in the I

future could result in a civil penalty.

The NRC has concluded that information regarding the reason for the enclosed violation, the I

corrective actions taken and planned to correct the violation and prevent recurrence and the

dates when full compliance was achieved is adequately addressed on the docket in NRC

Inspection Report Nos. 50-295/98002(DRS); 50-304/98002(DRS) and in a March 18,1999,

letter from Comed. Therefore, you are not required to respond to this letter unless the

description therein does not accurately reflect your corrective actions or your position. Should

you choose to respond in writing, your response should be clearly marked as a " Response to

Apparent Violation EA 98-558," and should include for each apparent violation: (1) the~ reason j

for the apparent violation, or, if contested, the basis for disputing the apparent violation; (2) the l

corrective steps that have been taken and the results achieved; (3) the corrective steps that 1

will be taken to avoid further violations; and (4) the date when full compliance will be achieved. I

Your response should be submitted under oath or affirmation and may reference or include i

previous docketed correspondence, if the correspondence adequately addresses the required

response. The response should be addressed to the NRC Document Control Desk,

Washington, DC 20555, with copies to the Director, NRC Office of Enforcement, Washington,

DC 20555, the Regional Administrator and Enforcement Officer, U.S. Nuclear Regulatory

Commission,801 Warrenville Road, Lisle, IL 60532-4351.

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A Notice of Violation and Proposed imposition of Civil Penalty - $110,000 was issued

on January 15,1998, for a Severity Level lll problem associated with a programmatic

breakdown in the implementation of the fitness for duty program at the Zion Station during

1997 (EA 97-249).

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O. Kingsley -3-

in accordance with 10 CFR 2.790 of the NRC's " Rules of Practice," a copy of this letter, its

enclosure, and your response (if you choose to provide one) will be placed in the NRC Public

Document Room (PDR). To the extent possible, your response should not include any personal

privacy, proprietary, or safeguards information so that it can be placed in the PDR without

redaction.

cerely,

'

kJR gional Administrator

es E. Dy ,

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Docket Nos. 50-295; 50-304

Liceni,e Nos. DPR-39, DPR-48

Enclosure: Notice of Violation

cc w/ encl: D. Helwig, Senior Vice President

H. Stanley, PWR Vice President

C. Grane, BWR Vice President

R. Krich, Vice President, Regulatory Services

DCD ' Licensing

R. Starkey, D.ecommissioning Plant Manager

R. Godley, Regulatory Assurance Supervisor

M. Aguilar, Assistant Attorney General

K. Nollenberger, County Administrator

Mayor, City of Zion

State Liaison Officer

State Liaison Officer, Wisconsin

Chairman, Illinois Commerce Commission

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O. Kingsley -4--

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