ML20217L986

Notice of Violation & Proposed Imposition of Civil Penalty in Amount of $55,000.Violation Noted:Vehicle Barriers Deployed Outside Outer Isolation Zone Would Not Prevent Malicious Use of Vehicle to Gain Entry to Protected Areas

ML20217L986
Person / Time
Site:	Ginna
Issue date:	08/15/1997
From:	NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
To:
Shared Package
ML20217L963	List: IR 05000244/1996008 ML20217L986
References
50-244-96-08, 50-244-96-8, EA-97-339, NUDOCS 9708190318
Download: ML20217L986 (3)

Text

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i ENCLOSURE

. NOTICE OF VIOLATION

• AND PROPOSED IMPOSITION OF CIVIL PENALTY Rochester Gas and Electric Corporation Docket No. 50 244 Ginna Nuclear Power Station License No. DPR 18 -

Rochester, New York EA 97 339 During an NRC inspection conducted from May 27 30,1997, for which an exit meeting was conducted on May 30,1997, violations of NRC requinonents were identified, in accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions," NUREG-1600, the Nuclear Regulatory Commission proposes to impose a civil penalty pursuant to

Section 234 of the Atomic Energy Act of 1954, as amended (Act),42 U.S.C. 2282, and 10

- CFR 2.205. The particular violations and associated civil penalty are set forth below:

I' License Condition 2.E(1) of License Number DPR 18 for the Ginna f acility, requires that the Licensee maintain in effect and fully implement all provisions of the security plan.

The R. E Ginna Nuclear Power Plant Physical Security Plan, Revision L, dated _

March 13,1996, Section 3.2.5," Vehicle Denial," states,in part, " Vehicle Barriers have been deployed in strategic areas outside the outer isolation zone to prevent the malicious use of a vehicle to gain entry to the protected and vital areas."

Contrary to the above, on May 27,1997, the NRC observed that the vehicle barriers dep!oyed outside the outer isolation tone would not prevent the malicious use of a vehicle to gain entry to the protected and vital areas, as evidenced by the following >

examples, each of which constitutes a separate violation.

1. Three openings existed in the vehicle barrier which were large enough for a vehicle to pass through. Specifically, there was a 14-foot opening between the i and of the barrier and the cliff on the northwest corner of the barrier; there was an 8 foot opening between the barrier and the cliff on the northeast corner of the barrier; and there was an 8 foot opening in the barrier on the west side of the security building.- (01013) 2.- Approximately 1200 feet of the vehicle was bollards and cable. The cable was secured to bollards that were approximately 300 feet apart. Between the a bollards, the cable was supported by support posts. The cable was secured to L the posts with nylon ties. The nylon ties could be easily removed with hand 3 held. tools such as pliers, which would result in the cables being laid on the ground, thereby negating any benefit of the cable as a barrier, and allowing vehicles to get through. (01023) _

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= Enclosure 2 These two violations are categorized in the aggregate as a Severity Level lli problem

_(Supplement lil).

Civil Penalty - $55,000.

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Pursuant to the provisions of 10'CFR 2.201, Rochester Gas & Electric Company (Licensee) is hereby required to submit a written statement or explanation to the Director, Office of .

Enforcement, U.S. Nuclear Regulatory Commission, within 30 days of the date of this Notice of Violation and Proposed imposition of Civil Penalty (Notice). This reply should be elesrly ,

marked as a " Reply to a Notice of Violation" and should include for each alleged violation

(1) admission or denial of the alleged violation, (2) the reasons for the violation if admitted, and if denied, the reest,ns why, (3) the corrective steps that have been taken and the results achieved,- (4) the corrective steps that will be taken to avoid further violations, and (5) the

" date when full compliance will be schieved. If an adequate reply is not received within the time specified in this Notice, an Order or a Demand for Information may be issued as to why the license should not be modified, 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 cause shown. Under the authority of Section 182 of the Act,42 U.S.C. 2232, this response shall be submitted under oath or affirmation.

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Within the same time as provided for the response required above under 10 CFR 2.201, the Licensee may pay the civil penalty by letter addressed to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, with a check, draft, money order, or electronic transfer payable to the Treasurer of the United States in the amount of the civil penalty proposed above, or the cumulative amount of the civil-penalties if more than one civil penalty is proposed, or may protest imposition of the civil penalty, in whole or in part, by a written

! answer addressed to the Director, Office of Enforcement, U.S. Nuclear Regulatory ,

Commission. Should the Licensee fail to answer within the time specified, an order imposing i the civil penalty will be issued. Should the Licensee elect to file an answer in accordance with 10 CFR 2.205 protesting the civil penalty, in whole or in part, such answer should be ciearly marked as an " Answer to a Notice of Violation" and may

(1) deny the violation listed in this l

, Notice, in whole or in part, (2) demonstrate extenuating circumstances, (3) show error in this Notice, or (4) show other reasons why the penalty should not be imposed. ' In addition to protesting the civil penalty, in whole or in part, such answer may request remission or mitigal:on of the penalty.

i' In requerting mitigation of the proposed penalty, the factors addressed in Section VI.B.2 of e the Enforcement Policy should be addressed. Any written answer in accordance with 10 CFR 2

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. The attention of the Licensee

~ is directed to the other provisions of 10 CFR 2.205, regarding the procedure for imposing a civil penalty.

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Enciosure 3 Upon f ailure to pay any civil penalty due which subsequently has been determined in accordance with the applicable provisions of 10 CFR 2.205, this, matter may be referred to the Attorney General, and the penalty, unless compromised, remitted, or mitigated, may be collected by civil action pursuant to Section 234(c) of tho Act,42 U.S.C. 2282c.

The response noted above (Reply to Notice of Violation, letter with payment of civil penalty, and Answer to a Notice of Violation) should be addressed to: Director, Office of Enforcement, U.S. Nuclear Re0ulatory Commission, ATTN: Document Control Desk, Washington, D.C.

20555 with a copy to the Director, Special Projects Office, NRR, U.S. Nuclear Regulatory Commission, and a copy to the NRC Resident inspector at the f acility that is the subject of this Notice.

I Because your response will be placed in the NRC Public Document Room (PDR), to the extent possible, it should not include any personal privacy, proprietary, or safeguards information so that it can be placed in the PDR without redaction. If personal privacy or proprietary information is necessary to provide an acceptable response, then please provide a bracketed copy of your response that identifies the information that should be protected and a redacted copy of your response that deletes such information, if you request withholding of such material, you must specifically identify the portions of your response that you seek to have withheld and provide in detail the bases for your claim of withholding (e.g., explain why the disclosure of information will create an unwarranted invasion of personal privacy or provide the information required by 10 CFR 2.790(b) to support a request for withholding confidential commercial or financial information). If safeguards information is necessary to provide an acceptable response, please provide the level of protection described in 10 CFR 73,21.

Dated at King of Prussia, Pennsylvania this 15thday of August 1997

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