ML20216J124

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Partially Withheld Notice of Violation & Proposed Imposition of Civil Penalty in Amount of $50,000 for Insp Repts 50-266/86-12 & 50-301/86-01 on 860718-0807
ML20216J124
Person / Time
Site: Point Beach  NextEra Energy icon.png
Issue date: 03/11/1987
From: Davis A
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To:
Shared Package
ML20216J035 List:
References
FOIA-87-166 EA-86-148, NUDOCS 8707020149
Download: ML20216J124 (3)
v • d • e


See also: IR 05000266/1986012

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Wisconsin Electric Power Company Docket Nos. 50-266; 50-301

Point Beach Nuclear Plant License Nos. DPR-24; DPR-27

Units 1 and 2 EA 86-148

During an NRC special inspection conducted during the ' period July 18 through

August 7,1986, violations of NRC requirements were identified. In accordance

with the " General Statement of Policy and Procedure for NRC Enforcement

, Actions," 10 CFR Part 2, Appendix C (1986), 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.

l The particular violations and associated civil penalties are set forth below:

Section 3.F(1) of Amendments 67 and 72, dated November 15, 1982, to

Facility Operating Licenses No. DPR-24 and DPR-27 requires the licensee to

maintain in effect all provisions of the Commission approved Point Beach

Nuclear Plant Physical Security Plan, including amendments and changes

made pursuant to the authority of 10 CFR 50.54(p).

Section 11.1.1.2 of the Point Beach Nuclear Plant Modified Amended

Securit Ian (PBNP MASP r ires all access portals to be locked and

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aiarme

i Section 5.3.1.5 of the PBNP MASP uires that ac ess points for vital

areas be monitored i

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Section 5.3.1.3 of the PBNP MASP requires that in the eventM

ail in vital area doors, compensatory action shall be

immediate y taken.

Figure 5.1-2 of the PBNP MASP identifies s vital area

j doors when the plant is in the normal operat ng condition.

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Contrary to the above, when the plant was in the normal operating

condition, securit sonnel laced vital area security doors in the

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access mode, which

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The degraded vital area doors were not proper y compensated for

by security personnel. This occurred on the following occasions:

I a. On January 27, 1985, for a period of one hour an een minutes

which extended into a backshift, vital area doo as placed in

the access mode which would have allowed unautho zed, undetected

access.

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Notice of Violation 2

b. On July 13 1986, for a period of 29 minutes on a Sunday, vital area

M wa,s placed in the access mode which would have allowed

unauthorized, undetected access,

h c. Jan ry 21, 1985, for a period of 13 hours1.50463e-4 days <br />0.00361 hours <br />2.149471e-5 weeks <br />4.9465e-6 months <br /> on a Sunday, vital area

was placed in the access mode which would have allowed

undetected access. The door wa rom the inside.

These violations have been categorized in the aggregate as a Severity Level III

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problem (Supplement III).

l Cumulative Civil Penalties - $50,000 - assessed equally among the violations.

Pursuant to the Provisions of 10 CFR 2.201, Wisconsin Electric Power Company is

! hereby required to submit to the Director, Office of Inspection and

Enforcement, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555~ with a

copy to the Regional Administrator, U.S. Nuclear Regulatory Commission, Region III,

799 Roosevelt Road, Glen Ellyn, IL 60137, within 30 days of the date of this l

Notice a written statement or explanation, including for each alleged violation: I

(1) admission or denial of the alleged violation; (2) the reasons for the

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violation, if admitted; (3) the corrective steps which will be taken to avoid

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

I an adequate reply is not received within the time specified in this Notice, the )

I Director, Office of Inspection and Enforcement, may issue an order to show cause

why the license should not be modified, suspended, or revoked or why such other

I action as may be proper should not be taken. Consideration may be given to

extending the response time for good cause shown. Under the authority of

f Section 182 of the Act, 42 U.S.C. 2232, this response shall be submitted under

! oath or affirmation.

Within the same time as provided for the response required above under

10 CFR 2.201', Wisconsin Electric Power Company may pay the civil penalties by

f l letter addressed to the Director, Office of Inspection and Enforcement, with a

check, draft, or money order payable to the Treasurer of the United States in

l, the amount of $50,000 or may protest imposition of the civil penalties in whole

or in part by a written answer addressed to the Director, Office of Inspection

i and Enforcement. Should Wisconsin Electric Power Company fail to answer within

l the time specified, the Director, Office of Inspection and Enforcement, will

, issue an order imposing the civil penalties in the amount proposed above.

l Should Wisconsin Electric Power Company 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

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extenuating circumstan:es, (3) show error in this Notice, or (4) show other

l 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,

j In requesting mitigation of the proposed penalties, the five factors addressed

, in Section V.B of 10 CFR Part 2, Appendix C should be addressed. Any written

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Notice of Violation 3

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

parts of the 10 CFR 2.201 reply by specific reference (e.g., citing page and

paragraph numbers) to avoid repetition. Wisconsin Electric Power Company's

, attention is directed to the other provisions of 10 CFR 2.205, regarding the

procedure for imposing civil penalties.

Upon failure to pay any civil penalties due which have 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 l

compromised, remitted, or mitigated, may be collected by civil action pursuant {

to Section 234c of the Act, 42 U.S.C. 2282. j

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FOR THE NUCLEAR REGULATORY COMMISSION

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A. Bert Davis

i Acting Regional Administrator

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Dated at Glen Ellyn, Illinois,

this //th day of March,1987

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AUS 2'21986

Docket No. 50-266

Docket No. 50-301 I

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Wisconsin Electric Power Company

ATTN: Mr. C. W. Fay

Vice President

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Nuclear Power Department

l 231 West Michigan, Room 308

Milwaukee, WI 53201

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Gertlemen:

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This refers to the special physical security inspection conducted by '

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) Mr. G. L. Pirtle of this of fice on July 18 and August 6-7, 1986, of ('

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activities at the Point Beach Nuclear Plant authorized by NRC Operating

' Licenses No. DPR-24 and No. DPR-27 and to the discussion of our findings

with Mr. J. Zach and other members of your staff at the conclusion of

{ the onsite inspection on July 18, 1986.

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The primary emphasis of this inspection was to determine the cause and i

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significance of the security event described in your Security Event Report I

( No.86-002, dated July 17, 1986 and to evaluate the corrective actions l

[ initiated pertaining to that event. Our evaluation of tre event was discussed I

with your staff at the July 18, 1986 exit meeting and the August 13, 1986

Enforcement Conference held at the Region III office.

During this inspection, certain of your activities appeared to be in violation

of NRC requirements.

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You will be notified by separate correspondence of our I

decision regarding enforcement actions based on the findings of this ]

f inspection. No written response is required until you are notified of the

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proposed enforcement action; however, the extent of the potential violations

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warrant immediate senior management attention and action to correct the adverse

[ trend in the security force's performance since January 1985.

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Areas examined during the inspection concern a subject mat'ter which is exempt

f from disclosure according to Part 73, Title 10, Code of Federal Regulations,

Section 73.21(c)(2). This information must be handled and protected in

accordance with the provisions of 10 CFR 73.21. Consequently, our report of

! this inspection will not be placed in the NRC Public Document Room.

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Visconsin Electric Power Company 2 At)6 2'21986 l

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We will gladly discuss any questions you have concerning this inspection.

t Sincerely,

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4 hYAY<

ack A. Hihd, Director

1 Division of Radiation Safety l

and Safeguards l

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Enclosure: Inspection Reports {

No. 50-266/86012(DRSS); and

No. 50-301/86011(DRSS)

(UNCLASSIFIED SAFEGUARDS INFORMATION)

{ cc w/ enclosure:

, J. J. Zach, Plant Manager

IE File

IE/DI/ORPB

IE/ES

NMSS/SGPL

NRR/PWR-B/SSPB

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( cc w/ enclosure, w/o

UNCLASSIFIED SAFEGUARDS

INFORMATION:

DCS/RSB (RIDS)

Licensing Fee Management Branch

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Resident Inspector, RIII

John J. Duf fy, Chief

Boiler Section

, Ness Flores, Chairperson

Wisconsin Public Service

k Commission

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