IR 05000219/1988038

Discusses Safety Insp Rept 50-219/88-38 on 881204-890114 & Forwards Notice of Violation.Violation Classified as Severity Level IV Since Unauthorized Entry Occurred as Result of Isolated Lapse in Vigilance by Security Officer

ML20247N416
Person / Time
Site:	Oyster Creek
Issue date:	07/24/1989
From:	Kane W NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
To:	Fitzpatrick E GENERAL PUBLIC UTILITIES CORP.
Shared Package
ML20247N421	List: IR 05000219/1988038 ML20247N427
References
EA-89-108, NUDOCS 8908020393
Download: ML20247N416 (3)

Text

,

T

- _ . - - -- - - - - - - - - - - - -

,

fe$

j, e .

- 2- 1 JUL .2 4 1989 b -Docket'No'. 50-219 DESIGNATED ORICINAL

9 ] 08 Cortified />ld- Ab TGPU' Nuclear Corporation

,

' ATTN: Mr.. Eugene E. Fitzpatrick

.Vice President and Director Oyster Creek Nuclear. Generating' Station -i

,

P. 0. Box-388- '

Forked River, New Jersey. 08731

Gentlemen:

Subject: NOTICE OF VIOLATION (Inspection No. 50-219/88-38) l This refers to the routine safety inspection conducted between December 4,  !

1988 and January 14, 1989 at the Oyster Creek Nuclear Generating Section, '

Forked River, New Jersey. During the inspection, the NRC reviewed the circumstances ' surrounding an unauthorized entry into a vital area which

.

occurred on' January 3,.1989'and which was identified by your staff and reported to'the NRC. The= inspection report, which was sent to you on February 28, 1989,- '

indicated that'this-unauthorized entry.was classified as an unresolved item, i

!

The: unauthorized entry occurred when a contract radiological controls j technician entered a vital area, undetected, after his vital area access '

,

' authorization'had been' terminated. Although it was subsequently determined

_that the technician's access had been erroneously terminated because of an >

- administrative error, this entry' represents a failure to maintain positive access. control to a vital area and constitutes a violation of NRC physical

' security requirements. The' violation is described in the enclosed Notice of Violatio 'Although this violation could be classified at-Severity Level III in accordance

.with Section C.2 of Supplement III of the " General Statement'of Policy and

,

'

Procedure for NRC Enforcement Action," 10 CFR Part 2, Appendix C, 53 Fed. Re (October 13,1988) (Enforcement Policy), the violation has been classified at Severity level IV because: (1) the unauthorized entry occurced as a result of an isolated lapse in vigilance by a security officer, concurrent with a plant worker's inadvertent failure to follow a security procedure; (2) the

,

!

security officer identified the unauthorized entry when the technician exited fromlthe area, and promptly reported it to security management, thereby demonstrating his integrity; and (3) the technician was previously authorized to enter the area, had entered the area on numerous occasions, and his authori-zation would have been continued except for an administrative oversight. The

' NRC recognizes that your corrective actions, upon notification of the entry, were prompt and comprehensive. Nonetheless, we are concerned that sufficient measures were not established to preclude such an event from occurrin Therefore, any similar violation in the future may result in escalated enforcement actio OFFICIAL RECORD COPY PROP EA GEN PUBLIC - 0003. PDR ADOCK 05000219 Q PDC

_ _ _ .

. . , .

' GPU Nuclear Corporation

"

, -2-You are required to respond to this letter and the enclosed Notice, and in preparing your response, you should follow the instructions specified in the enclosed Notice. In your response, you should document the specific actions taken and any additional actions you plan to prevent recurrence. These actions should include strengthening your General Employee Training program by emphasizing the importance of all workers to follow security procedure Further, you should place all Safeguards Information (as defined in 10 CFR 73.21) in an enclosure, so as to allow your letter, without the Safeguards Information, to be placed in the Public Document Room. After reviewing your response to this Notice, including your proposed corrective actions, the NRC will determine whether further NRC enforcement action is necessary to ensure compliance with NRC regulatory requirement Tne enclosed Notice contains details of your security program that have been determined to be exempt from public disclosure in accordance with 10 CFR 73.21 (Safeguards Information). Therefore, those portions will not be placed in the NRC Public Document Room and will receive limited distribution. This letter will be placed in the Public Document Room in accordance with 2.790(a).

The response directed by this letter and the enclosed Notice is not subject to the clearance procedures of the Office of Management and Budget as required by the Paperwork Reduction Act of 1980, PL 96-51

Sincerely, William F. Kane, Director Division of Reactor Projects Enclosure:

Notice of Violation [Contains Safeguards Information (SGI)]*

cc w/enci (w/o SGI):

M Laggart, BWR Licensing Manager Public Document Room (PDR) 1 Local Public Document Room (LPDR) i Nrlear Safety Information Center (NSIC)

NRC Resident Inspector (w/SGI) *

State of New Jersey

• Contains Safeguards Information l

l

1

)

0FFICIAL RECORD COPY PROP EA GEN PUBLIC - 0004. /17/89

_ _ _ _ _ - . _ _ . . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ . - - - - - _ _ _ _ _ _ _ _ _ _ _ _ _ _ - . - . - - -- - - --

_ _ _ _ _ __-------__;

-- ,

..

, . .,

t . G / I'

' "

' .

_[ >

$. h [:GPb Nucle'arjCorporationf -3 - 'JUL 2 4 1989 q- s?

{ :. . { .

w> = S ..

w -

bdc w/encli(w/cLSGI)

Region ~11 Docket Room (with concurrences)'

. Management Assistant,-DRMA

Section' Chief,,DRP; n r" LA', Drorcerick,1 Project: Manager, NRR'

/, . -: Robert J;- Bores,L DRSS ~ l 1 ' ,. . , J. ' Lieberma'n, CE (w/SGI)*

"'

.

'

D. ' Holody, id. (2) (w/SGI)* -

' B,! Manili_, NRR/RSG ' *Contains Safeguards Information-

_

.:

<

l

'~

CM RI': E0il}h.- .RI:E0' RI: S hP i I,. Chri stophef . Holody- Ke mig

@' /89 5/; J /89 g/8 /89= I /p6/89-J P- RI kP RI:R Du g Guti M /89 6/1L/89 [/W89 .

.

i /G-}p/>~h <

)/ j,i s cn -

/

L RI:DRA , -RI:RA . HQ:0E F ,

-

7// 7 A144n p%h  ; Russe qu pi Lieberman

/ - -

/ '[

'

,

5/ :. :. /B9 ]/p /89 5/ /89 0FFICIAL RECORD COPY PROP EA GEN PUBLIC - 0005. /12/89

,

w ' '-

---.____.----_--.__..-__-----_-___.--_---_._---_.__.--._--~__.---_-_---.--.__--__--__.---..-.----.----_----__-.--.-___-n.--_ - _ _ . - . _ - . - - - _ - _ _ _ _ . -