ML20212P696

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Forwards Notice of Violation & Proposed Imposition of Civil Penalties in Amount of $50,000 from Physical Security Insp Repts 50-266/86-12 & 50-301/86-01 on 860718-0807.Notice Withheld (Ref 10CFR73.21(c)(2))
ML20212P696
Person / Time
Site: Point Beach  
Issue date: 03/11/1987
From: Davis A
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To: Britt R
WISCONSIN ELECTRIC POWER CO.
References
EA-86-148, NUDOCS 8703160206
Download: ML20212P696 (3)


See also: IR 05000266/1986012

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MAR 11 1987

Docket No. 50-266;

Docket No. 50-301

Licenses No. DPR-24; No. DPR-27

EA 86-148

Wisconsin Electric Power Company

ATTN: Mr. Russell W. Britt

President

Nuclear Power Department

231 West Michigan, St.

Milwaukee, WI 53201

Gentlemen:

SUBJECT: NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTIES

(NRC INSPECTION REPORTS NO. 50-266/86012(DRSS); NO. 50-301/86001(DRSS))

This refers to the special physical security inspection conducted during the

period July 18 through August 7, 1986 at the Point Beach Nuclear Plant, Units 1

and 2, Two Rivers, Wisconsin. The results of the inspection were discussed on

August 13, 1986 during an enforcement conference in the Region III office

between Mr. C. W. Fay and other members of your staff and myself and other

members of the Region III staff.

The three violations described in the enclosed Notice involve similar events

which occurred on three separate dates. These violations were caused by the

failure of security force personnel to recognize that they had taken actions

which disabled security features at the plant. Once these actions had been

taken, the licensee failed to implement compensatory measures as required

Nu which could have allowed unauthorized, undetected access to vital areas. A

citation for failure to properly report the January 1985 events was considered.

However, it appears that your failure to report was a result of your staff's

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misunderstanding of the reporting requirements in 10 CFR Part 73. This problem

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was previously discussed during an enforcement conference on April 15, 1986

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during which your corrective action involving the review of past records for a

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one year period was discussed. Because this previous corrective action was

accepted by the NRC and because you have demonstrated noted improvement in the

reporting area, which led to your reporting of the July 13, 1986 event, the

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NRC believes a citation for the reporting violations is not warranted.

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To emphasize the need to ensure the integrity of vital area barriers, after

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consultation with both the Director, Office of Inspection and Enforcement and

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the Commission, I have been authorized to issue the enclosed Notice of Violation

and Proposed Imposition of Civil Penalties in the amount of Fifty Thousand

Dollars ($50,000) 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 (1986) (Enforcement Policy), the violations

described in the enclosed Notice have been categorized in the aggregate,as a

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Enclosure contains

CERTIFIED MAIL

SAFEGUARDS INFORMATIO.V

RETURN RECEIPT REQUESTED

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Wisconsin Electric Power Company

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Severity Level III problem. The base value of a civil penalty for a Severity

Level III violation or problem is $50,000. Although the escalation and

mitigation factors in the Enforcement Policy were considered, no adjustment

has been deemed appropriate.

In reaching this decision, the Commission

recognized your overall safety performance in the past years of operation.

Although such performance has been commendable, your performance in the access

control area has recently deteriorated.

Thus under the Enforcement Policy,

mitigation for prior good performance in the general area of concern is not

warranted in this case.

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.

Areas examined during this inspection concern subject matter which is exempt

from disclosure according to 10 CFR 73.21(c)(2). Consequently, the enclosure

to this letter and our report of the inspection will not be placed in the NRC

Public Document Room. Your responses to the violations identified in the

enclosed Notice should be submitted in accordance with 10 CFR 2.790(d) and

10 CFR 73.21.

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,

&lGNI cl.;ad by

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A. Bert Davis

Acting Regional Administrator

Enclosure: Notice of Violation

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and Proposed Imposition

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of Civil Penaltics

(UNCLASSIFIED SAFEGUARDS

INFORMATION)

cc w/ enclosure:

J. J. Zach, Plant Manager

Enclosure contains

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SAFEGUARDS INFORMATION

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UNCLASSIFED SAFEGUARDS

INFORMATION:

DCS/RSB (RIDS)

Licensing Fee Management Branch

Resident Inspector, RIII

John J. Duffy, Chief

Boiler Section

Mary Lou Munts, Chairperson

Wisconsin Public Service

Commission

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J. Taylor, IE

J. Keppler, RIII

A. Beach, IE

J. Lieberman, OGC

Enforcement Coordinators

RI, RII, RIII, RIV, RV

F. Ingram, PA

B. Hayes, 01

S. Connelly, 0IA

J. Crooks, AEOD

R. Burnett, NMSS

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SAFECUARDS INFORMATIO.'l

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