IR 05000245/1985031: Difference between revisions

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{{Adams
{{Adams
| number = ML20138H663
| number = ML20153C679
| issue date = 12/03/1985
| issue date = 02/10/1986
| title = Insp Rept 50-245/85-31 & 50-336/85-36 on 851113-20.Violation Noted:Physical Security Plan Violated When Weapon,Concealed in Attache Case,Not Detected During Preentry Search of Vehicle Given Access to Protected Area
| title = Forwards Notice of Violation from Insp Repts 50-245/85-31 & 50-336/85-36 on 851113-20 Re Firearm Undetected During Search
| author name = Mccabe E
| author name = Murley T
| author affiliation = NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
| author affiliation = NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
| addressee name =  
| addressee name = Opeka J
| addressee affiliation =  
| addressee affiliation = NORTHEAST NUCLEAR ENERGY CO.
| docket = 05000245, 05000336
| docket = 05000245, 05000336
| license number =  
| license number =  
| contact person =  
| contact person =  
| document report number = 50-245-85-31, 50-336-85-36, NUDOCS 8512170274
| document report number = EA-86-008, EA-86-8, NUDOCS 8602210485
| package number = ML20138H645
| package number = ML20153C683
| document type = INSPECTION REPORT, NRC-GENERATED, INSPECTION REPORT, UTILITY, TEXT-INSPECTION & AUDIT & I&E CIRCULARS
| document type = CORRESPONDENCE-LETTERS, NRC TO UTILITY, OUTGOING CORRESPONDENCE
| page count = 3
| page count = 3
}}
}}
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=Text=
=Text=
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mstemma cnic,I *    CertifiedByW M M t W
U.S. NUCLEAR REGULATORY COMMISSION
^
I FEB 101986 Docket Nos. 50-245 50-336 License Nos. DPR-21 DPR-65 EA 86-08 Northeast Nuclear Energy Company ATTN: Mr. J. F. Opeka Senior Vice President - Nuclear Engineering and Operations Group P.O. Box 270 Hartford, Connecticut 06141-0270 Gentlemen:
Subject: NOTICE OF VIOLATION .
,
  (Combined Inspection 50-245/85-31 and 50-336/85-36)
This refers to a special inspection conducted on November 13-20, 1985 at the Millstone Nuclear Power Station, Waterford, Connecticut, to review the circumstances associated with the undetected entry of a firearm to the site protected area. The entry occurred because physical security personnel failed to discover a locked briefcase containing the firearm during th-ir search of a vehicle entering the protected area, in violation of NRC physical protection requirements. A copy of the inspection report was forwarded to you on December 10, 198 On January 9, 1986 an enforcement conference was conducted in the Region I office with you and members of your staff to discuss the violation, its cause and your corrective action The violation has been classified at Severity Level III in accordance with the
" General Statement of Policy and Procedures for NRC Enforcement Actions," 10 CFR Part 2, Appendix C (1985). Normally, a civil penalty is proposed for a Severity Level III violation. However, after consultation with the Director, Office of Inspection and Enforcement, I have decided not to propose a civil penalty in this case because: (1) the violation was promptly reported to the NRC after the firearm was detected by another guard who searched the vehicle prior to its exit from the site protected area, (2) comprehensive corrective actions were promptly taken, and (3) your prior performance in the security area was good as evidenced by Category I ratings in the last three SALP rating periods. However, we emphasize that similar violations in th'e future may result in additional enforcement actio 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. 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 OFFICIAL RECORD COPY CP PKG MILLSTONE - 0001. /07/86 .g 8602210485 860210 DR    igL ADOCK 0%2 5    ,
  . . .. .- -  -- .


==REGION I==
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50-245/85-31 Report N /85-36 50-245  DPR-21 Docket N License Nos. DPR-65 Licensee: Northeast Nuclear Energy' Company Post Office Box 270 Hartford, Connecticut 06141-0270 Facility: Millstone Nuclear Power Station, Waterford, Connecticut Inspection at: Millstone Units 1 & 2 Inspection Dates: November 13 through 20, 1985 Performed by: John T. Shedlosky, Senior Resident Inspector Approved by: $  12,l3 /r5 E. C. McCabe, Chief  date Reactor Projects Section 3B Summary: Announced Special Physical Security Inspection on November 20, 1985 (Combined Inspection Report No. 50-245/85-31 and 50-336/85-36).
a Northeast Nuclear Energy Company 2 FEB 101986 A section of the enclosed Notice contains details of your security pro-gram that have been determined to be exempt from public disclosure in accord-ance with 10 CFR 9.5(a)(4) (Commercial or Financial Information). Therefore, the section so identified in the Notice will not be placed in the NRC Public Document Room and will receive limited distributio 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


Area Inspected: Special inspection to review the circumstances and licensee's acticas relative to an unauthorized weapon entering the plant's protected area undetected by the security organizatio The inspection involved 10 hours on-site by the Senior Resident Inspecto Findings: The licensee violated the NRC approved Physical Security Plan because a weapon, concealed in an. attache case, was not detected during pre-entry search of a vehicle which was provided access to the plant's protected area for approximately 3 hours on November 13, 198 _
Sincerely, Original signed by 7tomas E. Marley Thomas E. Murley Regional Administrator Enclosure:
8512170274 851210 PDR ADOCK.05000245 G PDR
Notice of Violation (Contains Commercial or Financial Information (C0FI))
cc w/enci (w/o C0FI):
E. J. Mroczka, Vice President, Nuclear Operations W. D. Romberg, Station Superintendent D. O. Nordquist, Manager of Quality Assurance R. T. Laudenat, Manager, Generation Facilities Licensing Gerald Garfield, Esquire Public Document Room (PDR)
local Public Document Room (LPDR)
Nuclear Safety Information Center (NSIC)
NRC Resident Inspector (w/C0FI)
State of Connecticut
..
OFFICIAL RECORD COPY CP PKG MILLSTONE - 0002. /07/86 __ _ _ _ _ _ - _ .  -
      -


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DETAILS Persons Contacted W. D. Romberg,1 Station Superintendent R. Asafaylo, Quality Services Supervis'or P. L. ~ Weekley, Security Supervisor-T Rathbun, Security Shift Supervisor R. Stone, Laborer, W.~J. Barney Company 2 .- Background While searching the cab of a tractor-trailer exiting the plant protected area with a low. level waste shipment at 1:15 p.m. on November 13, 1985, a .38 caliber handgun was found in the driver's attache case. Ths driver and trac-tor had been searched while being processed for site access at about 10:00 a.m. that morning, but the handgun was not discovered. The cab of the tractor was locked while unattended within the protected area and the attache case remained in the cab at all times. The driver was escorted while in the pro-tected area and did not access any vital area The driver and handgun were placed in the custody of local law enforcement personnel who later released the driver under.his own recognizance. The shipment was released from the plant upon the driver's return. The search guard on duty when the tractor entered the protected area was suspended pending the licensee's investigation.into the inciden The licensee informed the benior Resident Inspector of the incident at about 1:45 p.m. on November 13,- 198 . NRC Inspection Findings On November. 13 - 20, 1985, the Senior. Resident Inspector reviewed the circum-stances surrounding an unauthorized and undetected entry into the plant pro-tected area of-the .38 caliber handgun. The inspector reviewed the Physical Security Plan and security procedures and interviewed supervisory security personnel, the guard who conducted the search prior to entry of the vehicle, and the guard who conducted the search upon the vehicle's exit. The inspector confirmed that the entry search guard failed to notice the attache case in the vehicle. The guard stated that he asked the driver if he had any weapons, explosives, alcohol or other contraband before entry and the driver turned over four small (miniature) bottles of alcohol but did not admit to possessing a handgun. The exit search guard stated that he.found the locked attache case
  ~
beneath two pillows in the vehicle's_ sleeper compartment between the bed and a seat. The inspector also interviewed the licensee's escort for the drive who stated that he.did accompany the driver during the total time the truck and driver were in~the protected area and did not observe the. driver in pos-session of an attache case. The vehicle was left unattended (but locked)'in-side the protected area and the driver did not enter any vital area ~


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Northeast Nuclear Energy Company 3 FEB 101986 bec w/enci (w/o C0FI):
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Region I Docket Room (with concurrences)
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Management Assistant, DRMA (w/o encl)
DETAILS s f Persons ~ Contacted
ORP Section Chief M. McBride, RI, Pilgrim P. Swetland, SRI, Haddam Neck T. Rebelowski, ORI, Millstone 3 J. Shea, LPM, NRR J. Axelrad, IE (w/C0FI)
        :
J. Lieberman, ELD EA File (ltrhead)
:  fW._D.-Romb' erg, Station Superintendent R. Asafaylo,. Quality Services.Superviser P. L. Weekley, ' Security Supervisor
  .T. Rathbun, Security Shift Supervisor    '
, 'R. Stone,. Laborer, W.J. Barney Company
    . Background i
While searching the. cab of a-tractor-trailer exiting the plant protected area with a low. level waste shipment at 1:15 p.m. on November 13, 1985, a .38 caliber handgun was found in the driver's attache cas The driver and trac-l  : tor had.been searched while being processed for site access at about.10:00 a.m.'that morning but-the handgun was not' discovered. The cab of the tractor
'
  .was locked while~ unattended within the protected area and the attache cas . remained in the cab at all times. The driver was escorted while in the pro-
      ~
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  .tected area and did not access any vital area ~
l  'The1
  ~ d river and handgun were placed in the custody of' local = law enforcement
!'  personnel who later released the driver under his own recognizance. The E  shipment was released from~the plant upon the driver's return. The search guard on duty-when the tractor. entered the protected area was suspended
  ~
pending the licensee's investigation into the incident.
 
I 1The licensee. informed the Senior Resident Inspector- of the incident at about  U 1:45 p.m..on November 13, 1985. . 'NRC Inspection Finding '
On November ~ 13 - 20, 1985, the Senior: Resident Inspector reviewed the circum-stances surrounding ~an unauthorized and undetected entry into the plant pro-
  ~~
  - tected area of. the .38 caliber handgun. ;The inspector reviewed the Physical Security Plan and security procedures and interviewed supervisory security  +
h  . personnel, .the: guard who conducted the search prior to entry of .the vehicle, and the guard who conducted the search upon the vehicle's exit. The inspector Lconfirmed that the entry search guard. failed-to notice the attache case in the vehicle. .The guard stated that he asked the driver if he had any weapons,-  ,
n  . explosives, alcohol or other' contraband before entry and the driver turned over- four small (miniature) bottles of alcohol but did not admit to' possessing a-handgun. :The exit search _ guard stated that he found the locked' attache case beneath two pillows'in the vehicle's' sleeper compartment between the bed and a: seat. The inspector also interviewed the licensee's escort for the driver h
who. stated that he did accompany the driver during the total time-the-truck
"
and ' driver were in the protected area and did not observe the driver in pos-L  . session of an attache case. The vehicle was left unattended (but locked) in-
'
side.the protected area and the driver did not enter any vital areas.
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Failure to prevent the introduction of an unauthorized weapon into the plant's protected area violates the NRC approved Millstone Nuclear Power Station Physical Security Plan, Section 6.5.3, Search of Vehicle and Driver, and Procedure No. ACP 7.07, Vehicle Control, Revision 1, paragraph 6.2 (50-245/-
ES:RI M DHolody D SS I G ih ORC :RI I
85-31-01; 50-336/85-36-01).
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The licensee considered this to be an isolated performance error on the part of the guard who has had a good performance record during his nine year em-
1/[ 1/1//86  1/ 86 1/M86 ELD D:ES:IE DD:IE D:IE JLieberman JAxelrad RVollmer JTaylor 1/ /86 1/ /86 1/ /86 1/ ,/86 0FFICIAL RECORD COPY CP PKG MILLSTONE - 0003. /07/86
_ployment period. Records also indicate that no other truck cab sleeper was processed on site by that guard that da The inspector has observed the implementatio. of the licensee policy which requires that all vehicles leaving the si'e be searched in the same manner as those arriving. This is the first inndent in which a hand gun was found during.the second searc . Corrective Actions The inspector examined the licensee's initial corrective action These have included re-instruction of'the security officer in proper search technique The officer was removec from duty until this was complete The licensee has also committed to updating their vehicle search. training to include the use of a " cab over engine sleeper." This training had previously been performed using company vans and " pick-up" trucks which are not as com-plex to search as a large truc The licensee is issuing letters to all freight carriers which normally enter the protected are This correspondence will inform them-of the prohibition against certain articles and will request that they take appropriate actions to inform their drivers. The licensee also plans to place additional warning signs along the road outside the vehicle access point.
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Latest revision as of 04:39, 24 October 2020

Forwards Notice of Violation from Insp Repts 50-245/85-31 & 50-336/85-36 on 851113-20 Re Firearm Undetected During Search
ML20153C679
Person / Time
Site: Millstone  Dominion icon.png
Issue date: 02/10/1986
From: Murley T
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
To: Opeka J
NORTHEAST NUCLEAR ENERGY CO.
Shared Package
ML20153C683 List:
References
EA-86-008, EA-86-8, NUDOCS 8602210485
Download: ML20153C679 (3)
v • d • e


Text

e

.

mstemma cnic,I * CertifiedByW M M t W

^

I FEB 101986 Docket Nos. 50-245 50-336 License Nos. DPR-21 DPR-65 EA 86-08 Northeast Nuclear Energy Company ATTN: Mr. J. F. Opeka Senior Vice President - Nuclear Engineering and Operations Group P.O. Box 270 Hartford, Connecticut 06141-0270 Gentlemen:

Subject: NOTICE OF VIOLATION .

,

(Combined Inspection 50-245/85-31 and 50-336/85-36)

This refers to a special inspection conducted on November 13-20, 1985 at the Millstone Nuclear Power Station, Waterford, Connecticut, to review the circumstances associated with the undetected entry of a firearm to the site protected area. The entry occurred because physical security personnel failed to discover a locked briefcase containing the firearm during th-ir search of a vehicle entering the protected area, in violation of NRC physical protection requirements. A copy of the inspection report was forwarded to you on December 10, 198 On January 9, 1986 an enforcement conference was conducted in the Region I office with you and members of your staff to discuss the violation, its cause and your corrective action The violation has been classified at Severity Level III in accordance with the

" General Statement of Policy and Procedures for NRC Enforcement Actions," 10 CFR Part 2, Appendix C (1985). Normally, a civil penalty is proposed for a Severity Level III violation. However, after consultation with the Director, Office of Inspection and Enforcement, I have decided not to propose a civil penalty in this case because: (1) the violation was promptly reported to the NRC after the firearm was detected by another guard who searched the vehicle prior to its exit from the site protected area, (2) comprehensive corrective actions were promptly taken, and (3) your prior performance in the security area was good as evidenced by Category I ratings in the last three SALP rating periods. However, we emphasize that similar violations in th'e future may result in additional enforcement actio 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. 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 OFFICIAL RECORD COPY CP PKG MILLSTONE - 0001. /07/86 .g 8602210485 860210 DR igL ADOCK 0%2 5 ,

. . .. .- - -- .

r .

a Northeast Nuclear Energy Company 2 FEB 101986 A section of the enclosed Notice contains details of your security pro-gram that have been determined to be exempt from public disclosure in accord-ance with 10 CFR 9.5(a)(4) (Commercial or Financial Information). Therefore, the section so identified in the Notice will not be placed in the NRC Public Document Room and will receive limited distributio 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, Original signed by 7tomas E. Marley Thomas E. Murley Regional Administrator Enclosure:

Notice of Violation (Contains Commercial or Financial Information (C0FI))

cc w/enci (w/o C0FI):

E. J. Mroczka, Vice President, Nuclear Operations W. D. Romberg, Station Superintendent D. O. Nordquist, Manager of Quality Assurance R. T. Laudenat, Manager, Generation Facilities Licensing Gerald Garfield, Esquire Public Document Room (PDR)

local Public Document Room (LPDR)

Nuclear Safety Information Center (NSIC)

NRC Resident Inspector (w/C0FI)

State of Connecticut

..

OFFICIAL RECORD COPY CP PKG MILLSTONE - 0002. /07/86 __ _ _ _ _ _ - _ . -

-

r ,

I

.

Northeast Nuclear Energy Company 3 FEB 101986 bec w/enci (w/o C0FI):

Region I Docket Room (with concurrences)

Management Assistant, DRMA (w/o encl)

ORP Section Chief M. McBride, RI, Pilgrim P. Swetland, SRI, Haddam Neck T. Rebelowski, ORI, Millstone 3 J. Shea, LPM, NRR J. Axelrad, IE (w/C0FI)

J. Lieberman, ELD EA File (ltrhead)

.

.

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ES:RI M DHolody D SS I G ih ORC :RI I

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R g J t rez JA la 1/d /86 1/ 6 1/ J/86 nerfMartin 1/N/86 (IMus1ey

1/[ 1/1//86 1/ 86 1/M86 ELD D:ES:IE DD:IE D:IE JLieberman JAxelrad RVollmer JTaylor 1/ /86 1/ /86 1/ /86 1/ ,/86 0FFICIAL RECORD COPY CP PKG MILLSTONE - 0003. /07/86

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