ML20246J512

Forwards Safeguards Insp Repts 50-250/89-21 & 50-251/89-21 on 890424-28 & Notice of Violation.Advises That Penalty Unwarranted to Further Emphasize Need for Improvement in Security Program.Notice Withheld (Ref 10CFR2.790 & 73.21)

ML20246J512
Person / Time
Site:	Turkey Point
Issue date:	07/12/1989
From:	Ebneter S NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
To:	Woody C FLORIDA POWER & LIGHT CO.
Shared Package
ML20246J517	List: IR 05000250/1989021 ML20246J512
References
EA-87-040, EA-87-098, EA-87-179, EA-87-40, EA-87-98, NUDOCS 8907170390
Download: ML20246J512 (3)

See also: IR 05000250/1989021

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.. JUL 121989

Docket 'Nos. 50-250 and 50-251

License Nos. DPR-31 and DPR-41

EA 89-125

Florida Power and Light Company. SAFEGUAPD5 UG""!? TC0VED

ATTN: Mr. C. O. Woody, Acting

Senior Vice President - Nuclear

,' Post Office Box 14000

Juno Beach, Florida 33408-0420

Gentlemen:

SUBJECT: NOTICE OF VIOLATION

(NRC INSPECTION REPORT NOS. 50-250/89-21 AND 50-251/89-21)

' This' refers to an NRC inspection conduct'd by A. Tillman on April 24-28, 1989.

The inspection included a review of activities authorized for your Turkey Point

facility. At the conclusion of the inspection, the findings'were discussed

with those members of your staff identified in the enclosed Inspection Report.

Areas examined during the inspection are identified in the report. Within

these areas, the inspection consisted of selective examinations of procedures

and representative records, interviews with personnel, and observation of

activities in progress.

The inspection findings indicate that certain activities appeared to violate

NRC requirements. The violations, references to pertinent requirements, and

elements.to be included in your response are described in the enclosed Notice

of Violation.

The violations described in the enclosed Notice are repeat violations. In

addition to the need for corrective action regarding the specific matters

identified in the enclosed Notice, we remain concerned that previous corrective

actions taken in response to earlier similar violations have allowed these

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violations to persist. Consequently, your response should describe those

particular actions taken or planned to improve the effectiveness of your prior

• i corrective actions which were taken in response to the previously identified

violations.

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og The first violation described in the enclosed Notice involved sleeping guards

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-oo_ - and is similar to violations contained in Notices sent to you by our letters of

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April 21,1987 (EA 87-040) and February 11, 1988 (EA 87-179) for which civil

penalties were proposed. The second violation described in the enclosed Notice

involved allowing an individual to. gain access to a vital area without checking

.Rd his security badgc and is similar to violations contained in Notices sent to

$8 you by our letters dated July 28, 1987 (EA 87-098) and February 11, 1988 l

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(EA 87-179) for which civil penalties were proposed. In accordance with the

s " General Statement of Policy and Procedure for NRC Enforcement Actions,"

,@@ 10 CFR Part 2, Appendix C (1988) (Enforcement Policy), the violations described

500 in'the enclosed Notice have been categorized as Severity Level IV violations. $N!

SAR~ GUARDS INFORM ATAON I. . , m ,oi Ifi l

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.. SAFEGUARDS INFORMATION-

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Flordia Power and Light Company 2

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Severity Level IV violations are defined in the Enforcement Policy as being of

more than minor significance which, if left uncorrected, could lead to a more

serious concern. Because of your past performance, a letter from the NRC dated  ;

February 1,1989, forwarding another Notice of Violation and Proposed Imposition  !

of Civil Penalty advised you that a continuation of the past level of performance 4

in security cannot be tolerated. We recognize that you have made substantial

improvements in your security program since the last enforcement action including

additional management changes. In addition, we recognize that these violations

occurred before you completed all of the corrective actions that you undertook

in response to that enforcement action. While we considered an additional

civil penalty in view of the recurring nature of these violations, we have

determined under the circumstances that a penalty is not warranted at this time

to further emphasize the need for lasting improvement in your security program.

You are required to respond to this letter and should follow the instructions

specified in the enclosed Notice when preparing your response. In your

response, you should document the specific actions taken and any additional

actions you plan to prevent recurrence. After reviewing your response to this

Notice, including your proposed corrective actions and the results of future

inspections, the NRC will determine whether further NRC enforcement action is

necessary to ensure compliance with NRC regulatory requirements.

In accordance with 10 CFR 2.790(d) and 10 CFR 73.21, safeguards activities and

security measures are exempt from public disclosure. Therefore, the enclosures

to this letter with the exception of the report cover page, which presents a

nonexempt summary, will not be placed in the NRC Public Document Room. In your

response to this letter and Notice, you should place all Safeguards Information

in an enclosure so as to allow your letter (without the enclosure) to be placed

.in the Public Document Room.

The response directed by this letter and its enclosures are not subject to the

clearance procedures of the Office of Management and Budget as required by the

Paperwork Reduction Act of 1980, Pub. L. No.96-511.

Sincerely,

is

Stewart D. Elineter

Regional Administrator

Enclosures:

1. Notice of Violation

(Safeguards Information)

2. NRC Inspection Report

(Safeguards Information)

cc w/encls: (See Page 3)

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SAFEGUARDS iNFORMATION = c ll! 7 " % E

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Florida. Power and Light Company -3-

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cc w/encis:

K. N. Harris, V!ce President

Turkey ~ Point Nuclear Plant )

J. E. Cross, Plant Manager l

Turkey Point Nuclear Plant '

L. W. Bladow, Plant QA Superintendent

E. Lyons, Acting Regulatory and

Compliance Supervisor

cc w/ Inspection * Summary:

State of Florida

bec w/encis:

NRR/DRIS/$B

.bcc w/ Inspection Summary:

G. E. Edison, Project Manager, Project

' Directorate 11-2, Division of Reactor

Projects, NRR

NRC Resident Inspector

Document Control Desk (RIDS IE04), 016 '

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