ML20246E079

Discussess Insp Repts 50-285/89-10 & 50-285/89-23 on 890227-0303 & 0508-10 & Forwards Notice of Violation. Decision Not Reached by NRC Re Failures to Adequately Protect Safeguards Info from Compromises,Per 10CFR73.21

ML20246E079
Person / Time
Site:	Fort Calhoun
Issue date:	08/18/1989
From:	Milhoan J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV)
To:	Morris K OMAHA PUBLIC POWER DISTRICT
Shared Package
ML20246E081	List: ML20246E079 ML20246E082
References
EA-89-064, EA-89-64, NUDOCS 8908290005
Download: ML20246E079 (5)

See also: IR 05000285/1989010

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of j '% UNITED STATES

M .. NUCLEAR REGULATORY COMMISSION .

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REGION IV

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811 RYAN PLAZA DRIVE. SulTE 1000 J

ARLINGTON. TEXAS 70011;

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In ReplyLRefer To:

Docket'No. 50-285 .M !l 8 l989

License No. ~ DPR-40

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EA 89-64'

- Omaha Public Power. District

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ATIN: Kenneth' J. Morris,- Division Manager

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Nuclear Operations

,.L444 South 16th Street Mall'

Omaha, Nebraska 68102-2247

Gentlemen:

SUBJECT: . NOTICE OF VIOLATION (NRC INSPECTION REPORTS 50-285/89-10

AND 50-285/89-23)

- This. refers to the NRC . inspections conducted during the periods February 27

. through March 3, 1989, and May 8-10, 1989, of activities authorized by.NRC

Operating. License DPR.-40 for the Fort'Calhoun Station. These inspections

focused'on certain areas of your physical security program, the details of.'

which were presented in the referenced inspection reports dated March 24,

1989,' and June 21,-1989. An enforcement conference was held'in the NRC

' Region IV Office between Omaha Public Power District (OPPD) and NRC personnel

. on April,12, 1989, during which the apparent violations from the first

i inspection, their root causes, and your corrective actions were discussed. The

inspection conducted May 8-10, 1989,-was specifically conducted to verify the

effectiveness of the corrective actions discussed.in the enforcement conference

- after the NRC' staff considered the additional information provided in the

enforcement conference.

NRC has considered each of.the apparent violations discussed in Inspection

Report 50-285/89-10 in light of the information provided during the

enforcement conference and OPPD's ongoing corrective action programs. 0ur

conclusions regarding these issues are stated in the paragraphs that follow.

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Violation A in the enclosed Notice of Violation involves the failure of the

- Fort Calhoun physical security program to properly log and report certain i

security incidents as required. The inspectors noted during the inspection

that'approximately fifty security incident reports were not recorded in the

- quarterly logs as required by'10 CFR 73.71(c)(1). In addition, the inspectors

noted that five security incident reports were not reported in I hour.as

required by 10 CFR 73.71(b)(1). 'During the enforcement conference, OPPD

agreed.that the~ security incident reports were not " logged" as required, but

took issue with the NRC staff's conclusion that the five security incident

reports.were required to be reported within one hour. .

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l- The NRC staff has subsequently reviewed the information provided at the

enforcement conference, and believes that three of the five security incident

reports should have been reported within one hour as required. The fact that M

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an inadequate search at the Protected Area boundary may have allowed a weapon

into the Protected Area should have, in;the NRC staff's view, been reported

immediately upon identification of the potential .n-oblem. The failures to-

report possible compromises of safeguards information represent the second and

third examples-of the violation of "I hour" NRC reporting requirements. In

accordance with the NRC Enforcement Policy, 10 CFR Part 2, Appendix C, these

violations are being classified-as a Severity Level .IV problem.

Violation B in the enclosed Notice of. Violation involves the potential entry of

a weapon inside.the. Protected Area. As described in the.NRC inspection

report, the security officer monitoring the X-ray machine saw what he thought'

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.was a small caliber pistol in the purse of a woman entering the site.

However, the woman was able to obtain her badge and enter the plant because

the officer failed to lock the turnstiles to prohibit entry into the Protected

Area. Security personnel entered the plant, searched the personal effects of

several women who entered at about that time, and made a judgenient that an

item in the purse of one of the employees probably was what the officer saw

when monitoring the X-ray machine. However, the plant was not searched and

the. article found was not run through the X-ray machine to determine if, in

fact, that.was the article that the officer saw. Thus, this is considered to

be a Severity. Level IV violation of the licensee's commitments made in

accordance with.10 CFR 73.55(d)(1) for the failure to adequately search

individuals prior to allowing access into the protected areas.

The NRC has examined the findings in the inspection report related to lock.

and key control-in light of the additional information provided'in the

enforcement' conference and the results of the May'8 - 10, 1989 inspecticn. A

violation of=the licensee's commitments made in accordance with the

requirements of 10'CFR 73.55(d)(9) will not be cited in accordance with

10 CFR Part 2, Appendix C, Section V.G.1 because of the extensive actions

taken by OPPD since January 1989 and because 1) the violations were identified

by OPPD; 2) occurred from September 1, 1988, to January 24, 1989; and 3) were

being evaluated and corrected by an on going, thorough corrective action

program at the time of the inspection. The NRC staff also recognizes the

extensive reduction in issuance of key sets from forty sets a day when these

violations' occurred to eleven sets a day by January 1989.

The NRC staff has also considered the actions taken by OPPD involving

compensatory measures. 10 CFR 73.55(g)(1) requires that the licensee employ

compensatory measures to assure that the effectiveness of the security system

is not reduced by the failure of related equipment. Although many of the

issues noted by the inspectors occurred in the latter part of 1988, each was

identified by OPPD and were the subject of corrective actions in the area of

compensatory measures initiated in July 1988. Additional measures were being

implemented at the time of the NRC inspection, and although complicated by a

change in security contractors in February 1989, were part of an on going

program that recognized the problem of inattentive security officers. For

these reasons, the NRC staff has decided r.ot to cite a violation of the

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Omaha Public Power District -3-

licensee's commitments made in accordance with 10 CFR 73.55(g)(1) in this

case as provided for by 10 CFR Part 2, Appendix C, Section V.G.I. However,

the NRC staff will continue to closely monitor OPPD actions in this area until

the security system replacement is completed.

OPPD had also identified a number of issues with respect to the Fort Calhoun

Station access control program which were noted in the inspection report.

These issues should be addressed in your reply to this letter and Notice of

Violation and you should describe your actions to provide additional assurance

that they will not recur. To the extent that you have already addressed these

issues in previous correspondence, you may refer to that correspondence in

responding to this request.

A decision has not yet been reached by the NRC staff regarding the failures to

adequately protect safeguards information from possible compromises as

required by 10 CFR 73.21. Because a recent problem involving protection of

safeguards information may be relevant to this issue, Fort Calhoun Station

will be notified by separate correspondence of NRC's enforcement action

regarding the protection of safeguards information.

The information provided at the enforcement conference differed substantially

from the conclusions of the inspectors during the first inspection. As

indicated in the NRC inspection report, most of the details provided were taken

from Fort Calhoun Station security incident reports, particularly those details

involving potentially significant violations. Although you indicated that a

number of these issues were raised during the inspection, much of this

information should have been provided to the NRC at the exit briefing on

March 3, 1989, at the conclusion of the first inspection, or shortly

thereafter. Licensees are expected to promptly provide information to the

NRC when facts relevant to significant issues differ. Although there are time

constraints during the conduct of NRC inspections, it is important that

relevant information be provided as soon as possible so that these matters may

be resolved.

Furthermore, the disparity between some of the facts in the inspection report

and those presented in the enforcement conference by OPPD reflect on the

technical accuracy of your security incident reports. Those charged with the

responsibility of recording facts on security incident reports at Fort Calhoun

Station should pay strict attention to detail to ensure that facts relevant to

a specific event are both accurate and complete.

After a review of the findings of these inspections, and in consideration of

the differences between the facts as presented in the inspection report and

those later brought to the NRC's attention at the Enforcement Conference, the

NRC has concluded that only those violations in the enclosed Notice are

appropriate at this time.

In accordance with Section 2.790 of the NRC's " Rules of Practice," Part 2,

Title 10, Code of Federal Regulations, a copy of this letter and its enclosure

will be placed in the NRC Public Document Room.

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Omaha Public Power District -4-

You are required to respond to the enclosed Notice and should' address the

corrective actions taken to prevent recurrence of the violations cited in the

Notice. In your response, you should also describe what actions have been-

taken to ensure that the issues identified in the inspection reports related.

to the access control program do not result in violations.

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The responses directed by this letter and the accompanying Notice are not I

subject to the clearance procedures of the Office of Management and Budget as i

required by the Paperwork Reduction Act of 1980, PL 96-511. .

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Sincerely,  !

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4.  ;

James L. Milhoan, Director .;

31 vision of Reactor Projects

Enclosure:

Appendix - Notice of Violation

cc w/ enclosure:

Fort Calhoun Station

ATTN: G. R. Peterson, Manager

P.O. Box 399

Fort Calhoun, Nebraska 68023

Harry H. Voigt, Esq.

LeBoeuf Lamb, Leiby & MacRae

1333 New Hampshire Avenue, NW

Washington, DC 20036

Nebraska Radiation Control Program Director

Omaha Public Power District - Fort Calhoun

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NRC Public Document Room

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