ML20236Q946
| ML20236Q946 | |
| Person / Time | |
|---|---|
| Site: | Rancho Seco |
| Issue date: | 07/15/1998 |
| From: | Scarano R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV) |
| To: | Ferreira R SACRAMENTO MUNICIPAL UTILITY DISTRICT |
| References | |
| 50-312-98-02, 50-312-98-2, NUDOCS 9807210145 | |
| Download: ML20236Q946 (4) | |
See also: IR 05000312/1998002
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UNITED STATES
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NUCLEAR REGULATORY COMMISSION
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REGION IV
611 RYAN PLAZA DRIVE, SUITE 400
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Julyt15,1998
Richard Ferreira, Assistant General Manager
Energy Supply and Chief Engineer
Sacramento Municipal Utility District
6201 'S' Street
Sacramento, California 95852
SUBJECT: NRC INSPECTION REPORT 50-312/98-02
Dear Mr. Ferreira:
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Thank you for your letter of June 30,1998, in response to our June 3,1998, letter and
Notice of Violation. We have reviewed your reply and find it responsive to the concerns raised in
our Notice of Violation. We will review the implementation cf your corrective actions during a
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future inspection to determine that full compliance has been achieved and will be maintained.
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Sincerely,
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Ross A. Scarano, Director
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Division of Nuclear Material Safety
Docket No.: 50-312
License No.: DPR-54
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Thomas A. Baxter, Esq.
Shaw, Pittman, Potts & Trowbridge
2300 N. Street, N.W.
Washington, D.C. 20037
Jerry Delezinski, Licensing Supervisor
Sacramento Municipal Utility District
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Rancho Seco Nuclear Generating Station
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14440 Twin Cities Road
Herald, Califomia 95638-9799
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Sacramento Municipal Utility District
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Cindy Buchanan, Site Document
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Control Supervisor
Sacramento Municipal Utility District
Rancho Seco Nuclear Generating Station
14440 Twin Cities Road
Herald, Califomia 95638-9799
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Sacramento County
Board of Supervisors
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700 H. Street, Suite 2450
Sacramento, California 95814
Ms. Helen Hubbard
' P.O. Box 63
Sunol, California 94586
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Dana Appling, General Counsel
Sacramento Municipal Utility District
6201 'S' Street
P.O. Box 15830
Sacramento, California 95813
Mr. Steve Hsu
Radiologic Health Branch
State Department of Health Services
P.O. Box 942732
Sacramento, Califomia 94234
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Sacramento Municipal Utility District
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DISTRIBUTION w/coov of licensee's letter dated June 30.1998:
DCD (IE01)(IE04)
EWMerchoff, RA
MMessier, OC/LFDCB (4503)
SSBajwa, NRR/DRPM/PDND (11B20)
GHMarcus, NRR/DRPW/PDill-3 (11E2)
WDReckley, NRR/ADPR/CBLA (12D22)
SHWeiss, NRR/PDND (11B20)
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LLWheeler, NRR/DRPM/PDND (11B20)
RFDudley, NRR/DRPM/PDND (11B20)
Elaine Koup NRR/DRPM/SGB (MS:OWFN 11E-22)
Ellen Poteat, OCFO/LFARD, (MS: TWFN 9310)
BMurray, DRS/PSB
LLHowell, DNMS
CLCain
DBSpitzberg
FAWenslawski, WCFO
MRShaffer
JVEverett
MIS System
NMSB2
RIV Files - 4th floor file room (Part 50 Docket)
DRS Security File (Hodges)
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DOCUMENT NAME: R:\\_RS\\RS802AK.DWS
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To receive copy of document, indicate in box: "C" = Copy without enclosures "E" = Copy with enclosures "N" = No copy
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LLHowell .O RA$ctirano
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OFFICIAL RECORD COPY
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Sacramento Municipal Utility District
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DISTRIBUTION w/ copy of licensee's latter dated _ June 30.1998:
DCDM(IE04)*
EWMerchoff, RA
MMessier, OC/LFDCB (4503)
SSBajwa, NRR/DRPM/PDND (11820)
GHMarcus, NRR/DRPW/PDill-3 (11E2)
WDReckley, NRR/ADPR/CBLA (12D22)
SHWeiss, NRR/PDND (11B20)
LLWheeler, NRR/DRPM/PDND (11B20)
RFDudley, NRRiDRPM/PDND (11820)
Elaine Koup NRR/DRPM/SGB (MS:OWFN 11E-22)
Ellen Poteat, OCFO/LFARD, (MS: TWFN 9310)
BMurray, DRS/PSB
LLHowell, DNMS
CLCain
DBSpitzberg
FAWenslawski, WCFO
MRShaffer
JVEverett
MIS System
NMSB2
RIV Files - 4th floor file room (Part 50 Docket)
DRS Security File (Hodges)
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DOCUMENT NAME: R:\\_RS\\RS802AK.DWS
To receive copy of document, indicate in box: "C" = Copy without enclosures "E" = Copy with enclosures "N" = No copy
RIV:PSB
jE C:DRS\\PSB lN C:DNMS\\NMSB2 l N
DD:DNMS
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DWSchaefer/J-
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LLHowell O RA$e6rano
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OFFICIAL RECORD COPY
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SACRAMENTO MUMCIPAL tmuTY DISTRICT O P. O. Box 1583o, Sacramento CA 95852-1830, (916) 452-3211
AN ELECTRIC SYSTEM SERVING THE HEART OF CALIFORNIA
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MPC&D 98-102
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June 30, 1998
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U. S. Nue:t:ar Regulatory Commission
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Attention: Document Control Desk
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Washington,DC 20555
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Docket No. 50-312
Rancho Seco Nuclear Station
License No. DPR-54
DISTRICT RESPONSE TO NRC NOTICE OF VIOLATION 50-312/9802-01
Attention: Document Control Desk
In NRC Inspection Report 50-312/98-02, the Sacramento Municipal Utility District
(the District) received a Notice of Violation related to activities conducted at the
Rancho Seco Nuclear Station. In accordance with 10 CFR 2.201, the District
provides the enclosed response to Notice of Violation 50-312/9802-01.
Members of your staff requiring additional information or clarification may contact
Jerry Delezenski at (916) 452-3211, extension 4914.
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Sincerely,
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Steve J. Redeker
Manager
Plant Closure & Decommissioning
cc w/ Encl:
E. W. Merschoff, NRC, Arlington, Texas
D. Dudley, NRC, Rockville
W~-I743
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ResDonse to NRC Notice of Violation 50-312/9802-01
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NRC Statement of Violation:
10 CFR 73.56(b)(2)(i) requires, in pan, that the licensee provide high assurance that
individuals granted unesconed access to protected areas are tmstwonhy and reliable. In
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this regard, the licensee's program for granting unescorted access authorization to the
plant's protected area must include a background investigation, including information
concerning an individual's criminal history.
License Condition 2.C.(3) of the licensee's facility operating license requires, in part, that
the licensee maintain in effect and fully implement all provisions of the physical security
plan approved by the Commission and all changes and amendments made pursuant to the
authority of 10 CFR 50.54(p) and 10 CFR 50.90.
Section 5.1.2.2 of the licensee's physical security plan states, in part, that," Personnel
authorized unesconed access to the protected area shall meet all requirements of the
Access Authorization Program which meets all elements of Regulatory Guide 5.66 to
satisfy the requirements of 10 CFR 73.56."
Paragraph 7.1 of the Appendix to Regulatory Guide 5.66 dated June 1991 (NUMARC 89-
01) requires, in pan, that a licensee review and consider all information obtained during a
background investigation and base its decision to grant unesconed access authorization
upon the results of this review.
Paragraph 7.la of the Appendix to Regulatory Guide 5.66 dated June 1991 (NUMARC 89-01) requires,in pan, that in making a determination of trustworthiness and reliability,
that the licensee consider the willful omission or falsification of material information
submitted in support of a request for unescorted access authorization.
Contiary to the above, on May 20,1998, the inspector determined that the licensee failed
to: (1) review and consider all information obtained during a background investigation;
and (2) consider if available criminel history information had been willfully omitted or
falsified from the individual's personnel security questionnaire. Specifically, on May 11,
1998, the licensee received criminal history (misdemeanor conviction) information from
the state of California that had not been included on an individual's personnel security
questionnaire. As of May 20,1998, licensee management had not reviewed this criminal
history infonnation, nor determined if this information had been willfully omitted by the
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individual from his personnel security questionnaire.
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This is a Severity Level IV violation (Supplement III).
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Resnonse to NRC Notice of Violation 50-312/9802-01
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District ReSDonse:
Admission or Denial of Violation
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The District acknowledges that it did not review state of Califomia criminal history
information for the subject individual from May 11,1998, to May 20,1998.
Reason for Violation
Distdct Security did not perform a more timely review of the individual's state of
California criminal history information because District Security office staff did not
forward the criminal history information to District Security supervision as is typically
done. Instead Security office staff placed the state of Califomia criminal history
information into the individual's badge information folder without District Security
supervision review.
The District believes District Security would have reviewed the state of California
criminal history information after District Security received the subject individual's FBI
criminal history information. In accordance with District access authorization
procedures District Security evaluates relevant background infonnation collected in an
individual's badge infonnation folder before the District grants permanent protected area
unescorted access authorization. District Security needed the outstanding FBI criminal
history info;mation before District Security could upgrade the subject individual from
temporary to permanent protected area unescorted access authorization. District receipt
of the FBIinformation would have prompted a review of the individual's badge
information folder, which contained the state of California criminal history information.
Discussion of Violation
District Security completed the required, initial background investigation, submitted
fingerprints to the FBI and the State of Califomia, Department of Justice, and granted the
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subject individual temporary protected area unescorted access authorization on March 12,
1998. District Security performed this activity in accordance with:
1. NRC regulations (10 CFR 73.56),
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Resconse to NRC Notice of Violation 50-312/9802-01
Discussion of Violation (Continued)
2. NRC guidance (Regulatory Guide 5.66),
3. Industry guidance (NUMARC 89-01),
4. NRC approved Rancho Seco Physical Security Plan (RSPSP), and
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5. Rancho Seco Administrative Procedure RSAP-1003.
10 CFR 73.56(c)(2) allows access authorization programs to specify provisions for
granting temporary protected area unescorted access authorization. The District's
temporary access authorization program, as specified in the RSPSP and RSAP-1003,
" Access Screening Requirements," meets the guidance contained in NRC Regulatory
Guide 5.66, " Access Authorization Program for Nuclear Power Plants" and NUMARC 89-01," Industry Guidelines for Nuclear Power Plant Access Authorization Programs."
The District met its procedural requirements and NRC regulations and guidance when it
granted the subject individual temporary protected area unesconed access authorization.
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The RSPSP allows granting individuals temporary protected area unescorted access for
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up to 180 days to permit, in pan, sufficient time to complete the necessary criminal
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history review required for permanent unesconed access authorization. The Rancho Seco
Security computer automatically locks out any individual with temporary protected area
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unesconed access authorization that has not received approval for permanent unescorted
access authorization within the 180-day time limit.
On May 11.1998, District Security received state of California criminal history
information for the subject individual. As of May 20,1998, the District Security
supervision had not n: viewed this state of California criminal history information. This
delay occurred because District Security office staff placed the criminal history
information in the individual's badge information folder instead of routing the
information to District Security supervision for review as is typically done.
District Security completed a review of the state of California criminal history
information on May 21,1998. As of June 30,1998, District Security was still waiting for
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FBI criminal history information so the District could complete its permanent protected
area unesconed access authorization review. The subject individual would not have
reached the 180-day temporary protected area unescorted access authorization limit until
September 8,1998.
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Resoonse to NRC Notice of Violation 50-312/9802-01
Corrective Actions Taken and Results Achieved
When the NRC inspector informed the District that District Security had not yet reviewed
the state of California criminal history information, District Security supervision
immediately initiated the appropriate review. District Security reviewed the state of
California criminal history background investigation information and determined the
individual omitted one 15-year old misdemeanor conviction (soliciting a prostitute) from
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his personnel security questionnaire due mainly to embarrassment. Also, District
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Security determined the individual did not repon other criminal history information that
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should no! have been on his record (i.e., cdminal charges that had been dropped and
never prosecuted).
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District Security completed a review of the subject individual's California criminal
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history information on May 21,1998, determined the individual's personnel security
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questionnaire was not completely accurate, and removed the individual's temporary
protected area unescorted access authorization.
Additionally, based on (1) interviews with the subject individual's Rancho Seco
sup ervisors and (2) the individual's productive, three-plus months work experience at
Rancho Seco, District Security concluded the individual had not exhibited characteristics
that detracted from his reliability or trustworthiness. District Security did not identify any
significant reliability or trustworthiness concerns that would (1) warrant discontinued
employment or (2) prevent consideration for permanent protected area unescorted access
authorization before Distnct Security received and reviewed the individual's FBI criminal
history information.
Finally, the District revised RS AP-1003 to clarify District Security staff responsibilities
regarding the handling and review of criminal history information. This information is
not to be placed in an individual's badge information folder until after appropriate
District Security supervision review. The RSAP-1003 procedure changes will help
ensure more timely District Security review of criminal history information.
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Corrective Actions to be taken to Avoid Further Violations
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In addition to the RSAP-1003 revision, District Security will train the Rancho Seco
Security staff on the RSAP-1003 changes, including the responsibilities and expectations
regarding the proper handling and review of criminal history information. Also, to ensure
continued proper handling and review of criminal history information, District Security
will include this training as pan of the annual Security staff refresher training.
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Resoonse to NRC Notice of Violation 50-312/9802-01
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Date when Full Compliance achieved
District Security updated its review of all information obtained during the subject
individual's background investigation by completing a review of his state of Califomia
criminal history information. Also, District Security considered if criminal history
information had been willfully omitted from, or falsified on, the individual's personnel
security questionnaire. District Security completed these evaluations and achieved full
compliance on May 21,1998.
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