ML20248K630

Notice of Violation from Insp on 980519-21.Violation Noted:Inspector Determined That Licensee Failed to Review & Consider All Info Obtained During Background Investigation

ML20248K630
Person / Time
Site:	Rancho Seco
Issue date:	06/03/1998
From:	NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV)
To:
Shared Package
ML20236E822	List: IR 05000312/1998002 ML20236E821 ML20248K630
References
50-312-98-02, 50-312-98-2, NUDOCS 9806100201
Download: ML20248K630 (2)

Text

ENCLOSURE 1 NOTICE OF VIOLATION Sacramento Municipal Utility District De det No. 50-312 Rancho Seco Nuclear Generating Station Ucense No. DPR-54 During an NRC inspection conducted on May 19-21,1998, one violation of NRC requirements was identified. In accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions," NUREG-1600, the violation is listed below:

10 CFR 73.56(b)(2)(l) requires, in part, that the licensee provide high assurance that individuals granted unescorted access to protected areas are trustworthy and reliable. In this regard, the licensee's program for granting unescorted access authorization to the plants' protected area must include a background investigation, including informatio~n concoming an individual's criminal history.

License Condiiton 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 unescorted 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 - Appendix to Regulatory Guide 5.66 dated June 1991 (NUMARC 89-0 e n: quires, in part, that a licensee review and consider all information obtained during - ackground investigation and base its decision to grant unescorted '

access authorization upon the results of this review.

Paragraph 7.1a of the Appendix to Regulatory Guice 5.66 dated June 1991 (NUMARC 89-01) requires, in part, that in making a determination of trustworthiness and reliability, that the licensee consider the villful omission of falsification or material information submitted in support of a request for unescorted access authorization.

. Contrary 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 criminal history information had been willfully omitted or l

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 Califomia that had not been included on an individual's personnel security questionnake. As of May 20,1998, licensee management had not reviewed this criminal liistory information, nor determined if this information had been willfully omitted by the individual from his personnel security questionnaire.

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This is a Severity Level IV violation (Supplement Ill) (50-312/9802-01) u y w

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Pursuant to the provisions of 10 CFR 2.201, Sacramento Municipal Utility District is hereby required to submit a wntten staterr ent or explanation to the U.S. Nucle.ar Regulatory Commission, ATTN: Document Control Desk, Washington, D.C. 20555 with a copy to the Regional Administrator, Region IV,611 Ryan Plaza Dnve, Suite 400, Arlington, Texas 76011, within 30 days of the date of the letter transmitting this Notice of Violation (Notice). This reply should be clearly marked as a " Reply to a Notice of Violation" and should include for each violation: (1) the reason for the violation, or, if contested, the basis for disputing the violation or severity level, (2) the corrective ste ps that have been taken and the results achieved, (3) the corrective steps that will be taken to avoid further violations, and (4) the date when full compliance will be achieved. Your response may reference or include previous docketed correspondence, if the correspondence adequately addresses the required response, 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. Where good cause is shpwn, consideration will be given to extending the response time.

If you contest this enforcement action, you should also provide a copy of your response to the Director, Office of Enforcement, United States Nuclear Regulatory Commission, Washington, DC 20555-0001.

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 Arlington, Texas, this 3rd day of June 1998

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