ML20217L914

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Forwards Insp Repts 50-220/98-08 & 50-410/98-08 on 980406-21.Violations Identified & Being Considered for Escalated Ea.Purpose of Insp Was to Assess Licensee Security Force Capability to Protect Facility Against Sabotage
ML20217L914
Person / Time
Site: Nine Mile Point  Constellation icon.png
Issue date: 04/28/1998
From: Wiggins J
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
To: Mueller J
NIAGARA MOHAWK POWER CORP.
Shared Package
ML20217L918 List:
References
50-220-98-08, 50-220-98-8, 50-410-98-08, 50-410-98-8, EA-98-234, NUDOCS 9805040354
Download: ML20217L914 (3)


See also: IR 05000220/1998008

Text

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April 28, 1998

EA 98-234

Mr. John H. Mueller

Chief Nuclear Officer

Niagara Mohawk Power Corporation

Nine Mile Point Nuclear Station

Operations Building,2nd Floor

P.O. Box 63

Lycoming, NY 13093

SUBJECT:

NRC INSPECTION REPORT NO. 50-220/98-08 and 50-410/98-08

Dear Mr. Mueller:

This letter refers to the security inspection conducted by Messrs. E. B. King and

P. R. Frechette of this office, on April 6-21,1998, et the Nine Mile Point Nuclear Station.

The purpose of the inspection was to assess the licensee's security force's capability to

protect the facility against radiological sabotage and to determine whether the licensee's

security program met safaguard program commitments and regulatory requirements. At

the conclusion of the inspection, the findings were discussed with Mr. C. Terry and those

members of your staff identified in the enclosed report. The enclosed report presents the

results of this inspection.

Based on the results of this inspection, two apparent violations were identified and are

being considered for escalated enforcement action in accordance with the " General

Statement of Policy and procedure for NRC Enforcement Actions" (Enforcement Policy),

NUREG-1600. The apparent violations involves the licensee's failure to properly control

and store safeguards information and the failure to properly evaluate the significance of the

event and report the event as required.

Accordingly, no Notice of Violetion is presently being issued for these inspection findings.

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in addition, please be advised that the number and characterization of apparent violations

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described in the enclosed inspection report may change as a result of further NRC review.

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An open predecisional enforcement conference to discuss these apparen;. violations has

been scheduled for May 11,1998, at 10:00 a.m. in the NRC Region I office. The decision

to hold a predecisional enforcement conference does not mean that the NRC has

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determined that a violation has occurred or that enforcement action will be taken. This

conference is being held to obtain information to enable the NRC to make an enforcement

decision, such as a common understanding of the facts, root causes, missed opportunities

to identify the apparent violation sooner, corrective actions, significance of the issues and

the need for lasting and effective corrective action, in addition, this is an opportunity for

you to point out any errors in our inspection report and for you to provide any information

9305040354 990428

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J. Mueller

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your perspectives on: 1) the severity of the violation (s); 2) the application of the factors

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that the NRC considers when it determines the amount of a civil penalty that may be

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assessed in accordance with Section VI.B.2 of the Enforcement Policy; and 3) any other

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application of the Enforcement Policy to this case, including the exercise of discretion in

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accordance with Section Vll.

You will be advised by separate correspondence of the results of our deliberations on this

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matter. No response regarding the apparent violation is required at this time.

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In accordance with 10 CFR 2.790 0f the NRC's " Rules of Practice," a copy of this letter

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and its enclosure will be placed in the NRC Public Document Room.

Sincerely,

ORIGINAL SIGNED BY:

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James T. Wiggins, Director

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Division of Reactor Safety

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Docket Nos. 50-220,50-410

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License Nos. DPR-63, NPF-69

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Enclosure:

NRC Combined Inspection Report Nos. 50-220/98-08 and 50-410/98-08

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cc w/ encl:

G. Wilson, Senior Attorney

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M. Wetterhahn, Winston and Strawn

J. Rettberg, New York State Electric and Gas Corporation

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P. Eddy, Electric Division, Department of Public Service, State of New York

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C. Donaldson, Esquire, Assistant Attorney General, New York Department of Law

J. Vinquist, MATS, Inc.

F. Valentino, President, New York State Energy Research

and Development Authority

J. Spath, Program Director, New York State Energy Research

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and Development Authority

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_ _____ _ _ _ _ _ _ _ - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

_ _ _ _ _ _ _

_ _ _ _ - .

.

.

J. Meeller

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Distribution w/ encl:

H. Miller, RA/W. Axelson, DRA

Region 1 Docket Room (with concurrences)

Nuclear Safety Information Center (NSIC)

PUBLIC

NRC Resident inspector

J. Lieberman, OE (2)

L. Doerflein, DRP

R.Junod,DRP

A. Chaffee, NRR

C. Miskey, DRS

Distribution w/ encl: (VIA E-MAIL)

8. McCabe, RI EDO Coordinator

B. Norris - Nine Mile Point

S. Bajwa, NRR

D. Hood, NRR

M. Campion, RI

D. Screnci, PAO

Inspection Program Branch (IPAS)

R. Correia, NRR

F. Talbot, NRR

DOCDESK

. DOCUMENT NAME: G:\\EP&Sp\\KI G\\NMP9808. INS

Ta receive a copy of thle document. Indicate inh _ boa. * * = Copy without attachment / enclosure *E' = Copy with attachrnent/ enclosure

  • N* = No copy

OFFICE

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DATE

04/27/98

0441/9 8

04a7/98

04/d/98

04/g/98

OFFICIAL RECORD COPY

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