IR 05000458/1986011: Difference between revisions

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{{Adams
{{Adams
| number = ML20205G577
| number = ML20210E926
| issue date = 08/07/1986
| issue date = 02/04/1987
| title = Discusses Insp Repts 50-458/86-11 & 50-458/86-17 on 860225, 0331-0404 & 0502 & Forwards Notice of Violation & Proposed Imposition of Civil Penalty in Amount of $65,000.Encl Withheld (Ref 10CFR73.21)
| title = Ack Receipt of Informing NRC of Steps Taken to Correct Violations Noted in Insp Repts 50-458/86-11 & 50-458/86-17.Severity Level of Security Incidents Discussed
| author name = Martin R
| author name = Martin R
| author affiliation = NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV)
| author affiliation = NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV)
Line 10: Line 10:
| license number =  
| license number =  
| contact person =  
| contact person =  
| document report number = EA-86-109, NUDOCS 8608190552
| document report number = NUDOCS 8702100399
| title reference date = 09-05-1986
| document type = CORRESPONDENCE-LETTERS, NRC TO UTILITY, OUTGOING CORRESPONDENCE
| document type = CORRESPONDENCE-LETTERS, NRC TO UTILITY, OUTGOING CORRESPONDENCE
| page count = 4
| page count = 2
}}
}}


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i Docket No. 50-458 A1J'3 7 1386 ,
License No. NPF-47 EA 86-109 Gulf States Utilities ATTN: William J. Cahill, J Senior Vice President River Band Nuclear Group P.O. Box 2951 Beaumont, Texas 77704 Gentlemen:
SUBJECT: NOTICE OF VIOLATION AND PROPOSED IMPOSITION 0? CIVIL PENALTIES (NRC INSPECTION REPORT NOS. 50-458/86-11 AND 50-458/86-17)
This refers to the inspections conducted on February 25 March 31 through April 4, and May 2, 1986, at the River Bend Station, St. Francisville, Louisiana, which examined access control.- personnel, physical barriers -
vital areas, and licensee reporting. Our inspection reports sent to you previously documented apparent violations of NRC requirementa based on conditions identified by Gulf States Utilities. The violations were discussed
,
at an enforcement conference held on June 10,.1986, at the Region IV office in
'
Arlington, Texas. Based'on these discussions and additional evaluation by the Region IV office, the violations identified are described in the enclosed Notice
    -
of Violatio Violation I.A consists of multiple examples of failure to adequately control
      '
the actess of personnel to vital areas. The specific incidents consisted of '
,
incorrectly devitalizing the plant auxiliary building access control system on February 18, 1986, which allowed one person without proper access to enter the '
building, improperly removing a hatch cover that allowed vital island-to-vital *
island access on February 16, 1986, allowing a vital island door to be unsecured l and uncompensated for on April 28, 1986, and improperly removing a large concrete floor plug which served as a vital island-to-vital island barrie None of these access points were compensated for by posting security personnel i prior to or at the time of the devitalization or removal of the barrier or
) detection capabilities. During the April 28 incident, River Bend Station was
'
in operational Mode 1. During the February and April 2 incidents, the River Bend Station was in operational Mode 4. These violations demonstrate deficiencies in management's ability to exercise effective personnel access control at the River Bend Station.
 
i CERTIFIED MAIL RETURN RECEIPT REQUESTED MOSURE CONTAINS .
        '
_ UPON SEPARAIION THIS B600190552 860807  1 AGE IS DECONTROLLED *
ADOCK 05000458
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PDR O  PDR    ;[EIIN
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FEB _41987 In Reply Refer To:
Docket: 50-458/86-11 50-458/86-17 Gulf States Utilities ATTN: William J. Cahill, Jr.


e
Senior Vice President River Bend Nuclear Group P. O. Box 220 St. Francisville, Louisiana 70775 Gentlemen:
.
Thank you for your letter dated September 5,'1986, in response to our Notice of Violation and Proposed Imposition of Civil Penalties dated August 7, 1986.
Gulf States Utilities  -2-Violation I.B consists of two examples of failure to provide adequate vital area physical barriers. One example consists of a man-sized cable tray penetration, which allowed protected area to vital area access. The opening was discovered on March 26, 1986 (Report 50-458/86-17). The other example is a series of man-sized cable tray openings in three different barriers between vital islands. The openings were discovered on April 2, 1986 (Report 50-458/
86-17). These violations demonstrate the failure of management to recognize and correct plant design deficiencies as they related to implementation of the security progra ,
To emphasize the need to improve licensee management control in the areas of vital area personnel access control and design interfaces with the security program I have been authorized, after consultation with the Director, Office of Inspection and Enforcement, to issue the enclosed Notice of Violation and Proposed Imposition of Civil Penalties in the amount of Sixty-five TI,ousand Dollars ($65,000) for the violations described in the enclosed Notice. In accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions," 10 CFR Part 2, Appendix C (1986) (Enforcement Policy), Violations and I.B described in the enclosed Notice have been categorized at Severity Levels II and III, respectively. The base value of a civil penalty for a Severity Level 11 violation is $80,000 and for a Severity Level III violation is $50,000. The NRC Enforcement Policy allows for reduction of a cisil penalty under certain circumstances. In this case, the base civil penalty for each violation is reduced by 50 percent because of your prompt and extensive corrective action Violation II involved the failure to promptly report a major loss of security affectiveness to the NRC. This violation demonstrates a need to give more attention to compliance with NRC requirements. This violation has been categorized as a Severity Level IV violatio ,
You are required to respond to the enclosed Notice and should follow the insiructiona specified therein when preparing your response. In your response, you should document the specific actione 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 whethat further NRC enforcement cetion is necessary to ensure compliance with NRC
      *
regulatory requirement The material enclosed herewith contains Safeguards Information as defined by 10 CFR 73.21 and its disclosure to the unau'thorized individuals is prohibited by Section 147 of the Atomic Energy Act of 1954, as amended. Therefore, the material, with the exception of the report cover page, which is an inspection summary, will not be placed in the Public Document Roo ,
      !


ENCLOSURE CONTAINS  I
We have r.o questions at this time and will review the implementation of your corrective actions during a future inspection to determine that full compliance has been achieved and will be maintained.
      '
SAFEGUARDS INFORMA1' IO UPON SEPARATION THIS PAGE IS DECONTROLLED.


l
In reference to Attachment 3 of your letter, you stated that "the security incidents, when examined separately, would normally fall into a lower category of violation." This is not the case. Each incident, when examined separately against the requirements of 10 CFR 2, Appendix C, Supplement III, demonstrates a failure to control access such that two of the three elements of access control at the barrier are inadequate. Thus, each incident could have been categorized as a Severity Level III violation. The NRC essentially mitigated the penalty for each individual violation by combining the individual events into two violations with multiple examples. In addition, the NRC reduced the base civil penalty for each violation by 50 percent, because of your prompt and extensive corrective actions, and does not consider further mitigation to be warranted.


e     ,
Sincerely, ORIGINAL SIGNED SY ROBERT D. MARTW Robert D. Martin Regional Administrator cc: (sea next page)
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The' responses directed by this letter and the enclosed Notice are not subject
D RA ' ENCLOSURE CONTAINS DAPower
,to the clearance procedures of the Office of Management and Budget as required by the Paperwork Reduction Act of 1980, PL.96-51 ,
  -
   ,
ABBeach RDMartin .
   / /8f 2/2./f UPON SEPARATION Ttf!S PAGE IS DECONTROLLED.


Sincerely, ORIGINAL SIGNED BY ROBERT,D. M ARTIN Robert D. Martin Regional Administrator Enclosure:
8702100399 870204 PDR G
Notice of Violation and Proposed Imposition of Civil Penalties ,
ADOCK 05000458 PDR   j y(
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cc: State of Louisiana Radiation Control Program Director
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ENCLOSURE CONTAI:35 SAFEGUARDS INFOR't.ATION, UPON SEPARATION THIS PAGE IS DECONTROLLED.
*
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Gulf States Utilities  -2-Gulf States Utilities ATTN: J. E. Booker, Manager-Engineering, Nuclear Fuels & Licensing P. O. Box 2951 Beaumont, Texas 77704 Louisiana State University, Government Documents Department Louisiana Radiation Control Program Director bec w/ copy of licensee's response w/ safeguards:
-RIV Security File G. McCorkle, NMSS J. Gibson, SSPD/NRR IE File Resident Inspector R. D. Martin, RA Security Inspector Chief, EP&SPS R. L. Bangart, DRS&S D. A. Powers, E0 b.cc w/ copy of licensee's response w/o safeguards:
v0MB IE-04 RPB D. Weiss, LFMB (AR-2015)
MIS W. L. Fisher, R&SPB Section Chief (RPB/A)
RIV Files RSTS Operator R&SPB E. H. Johnson, DRS&P ENCLOSURE CONTAINS .
UPON SEPARATION THIS PAGE IS DECONTROLLED.


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UlIS PAGE NOT SUBJECT TO PROTECTIVE REQUIREMENTS WHEN SEPARATED FROM MATERIAL CONTAINING i GULF STATES UTILITIES COMPANY Alvf R 0END $f AYiON POST OFFICE BOX 220 $t FRANCISVILLE Louisiana 70775 AREA CODE 504 635 6094 346 865I September 5, 1986 RBG- 24324 File Nos. G9.5, G15.4.-l Mr. James M. Taylor, Director Office of Inspection & Enforcement U.S. Nuclear Regulatory Commission    gggggg g Washington, D.C. 20555
    ~
 
      . AUG Culf states Utilities -4-
==Dear Mr. Taylor:==
      /
SEP 101986 River Bend Station - Unit 1  '
DISTRIBUTION      -
j Refer to: Region IV Docket No. 50-458/ Report Nos. 86-11 and 8 Eli
V'
" Notice of Violation and Proposed Imposition of Civil Penalties" This letter is Gulf States Utilities Company's response to the Notice of Violation and Proposed Imposition of Civil Penalties as attached to NRC letter EA86-109 dated August 7,   1986 and as described in Inspection Report Nos. 86-11 and 86-17. The inspections were performed by Messrs. A.B. Earnest and J.A.F. Kelly on February 25, 1986, and Messrs. J.A.F. Kelly and R.A Caldwell during the period of March 31 through April 4 and May 2, 1986 on activities authorized by NRC Operating License NPF-47 for River Bend Station - Unit 1.
i 0 bec w/o encls:
 
SECY      i CA JMTaylor, IP JLieberman, OGC LCobb, IE FIngram, PA JCrooks, AEOD BHayes, OI SConnelly, OIA DNussbauner, OSP H. Denten, NRR IE:ES File IE:EA File  .,
GSU's response to the Notice of Violation and Proposed Imposition of Civil Penalties is provided in the enclosed as Attachment 1-
M BSummers, IE '(Itr bd)
  " Violations Assessed a Civil Penalty" and Attachment 2    -
  *
        " Violations Not Assessed a Civil Penalty".
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A reauest for remission or mitigation of the Civil Penalties is being submitted separately as Attachmenf3  "REGd5YCfor7EiCof Civil
bec w/encls:
    ~~
JAxelrad, IE Enforcement Officers
Penalties". While a check in the amount of $65,000 is enclosed, for reasons stated in Attachment 3 the civil penalties are requested to be waived or reduced.
      *
 
RI, RII, RIII, RV ,,
Information contained in these attachments is considered " Safeguards Information" pursuant to 10CFR73.21 and should be handled accordingly.
 
This completes GSU's response in this matter.
 
Sincerely, f'~ %. ._
        -
    . . . _  . J. Cahi Jr.
 
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     -
     -
J. Gibson, SSPD/NRR  v -
Senior Vice President w _4th// COPY No._ l' -
RBurnett, NMSS      .
River Bend Nuclear Group WJC/ ERG'/JHM/je Attachment
RIV Distribution w/encis:
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cc: Robert D. Martin, Regional Administrator U.S. Nuclear Regulatory Commission Region IV
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RIV Distribution w/o encls:
Div. Director (DRSP) C. Wisner Div. Director (DRSS) R. Doda J. Gagliardo, RPB a
MOSURE CORTAIy3 .
UPON SEPARATION THIS
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Latest revision as of 07:18, 4 December 2021

Ack Receipt of Informing NRC of Steps Taken to Correct Violations Noted in Insp Repts 50-458/86-11 & 50-458/86-17.Severity Level of Security Incidents Discussed
ML20210E926
Person / Time
Site: River Bend Entergy icon.png
Issue date: 02/04/1987
From: Martin R
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV)
To: William Cahill
GULF STATES UTILITIES CO.
References
NUDOCS 8702100399
Download: ML20210E926 (2)


Text

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FEB _41987 In Reply Refer To:

Docket: 50-458/86-11 50-458/86-17 Gulf States Utilities ATTN: William J. Cahill, Jr.

Senior Vice President River Bend Nuclear Group P. O. Box 220 St. Francisville, Louisiana 70775 Gentlemen:

Thank you for your letter dated September 5,'1986, in response to our Notice of Violation and Proposed Imposition of Civil Penalties dated August 7, 1986.

We have r.o questions at this time and will review the implementation of your corrective actions during a future inspection to determine that full compliance has been achieved and will be maintained.

In reference to Attachment 3 of your letter, you stated that "the security incidents, when examined separately, would normally fall into a lower category of violation." This is not the case. Each incident, when examined separately against the requirements of 10 CFR 2, Appendix C, Supplement III, demonstrates a failure to control access such that two of the three elements of access control at the barrier are inadequate. Thus, each incident could have been categorized as a Severity Level III violation. The NRC essentially mitigated the penalty for each individual violation by combining the individual events into two violations with multiple examples. In addition, the NRC reduced the base civil penalty for each violation by 50 percent, because of your prompt and extensive corrective actions, and does not consider further mitigation to be warranted.

Sincerely, ORIGINAL SIGNED SY ROBERT D. MARTW Robert D. Martin Regional Administrator cc: (sea next page)

J

/ /jff RIV:EP& [ C:EP&S C:R&SPk

,

gpjDq d,:p/RPB/A C:RPB ABEarne /1 LAYand WLFisher R. L. angartfJPJaudon [JEGagliardo 10151/86 -l0/sr/86 ll /Q /86 f/f/86 I ll /ff /86 II/ff/86 42 #

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D RA ' ENCLOSURE CONTAINS DAPower

-

ABBeach RDMartin .

/ /8f 2/2./f UPON SEPARATION Ttf!S PAGE IS DECONTROLLED.

8702100399 870204 PDR G

ADOCK 05000458 PDR j y(

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_ _

..

Gulf States Utilities -2-Gulf States Utilities ATTN: J. E. Booker, Manager-Engineering, Nuclear Fuels & Licensing P. O. Box 2951 Beaumont, Texas 77704 Louisiana State University, Government Documents Department Louisiana Radiation Control Program Director bec w/ copy of licensee's response w/ safeguards:

-RIV Security File G. McCorkle, NMSS J. Gibson, SSPD/NRR IE File Resident Inspector R. D. Martin, RA Security Inspector Chief, EP&SPS R. L. Bangart, DRS&S D. A. Powers, E0 b.cc w/ copy of licensee's response w/o safeguards:

v0MB IE-04 RPB D. Weiss, LFMB (AR-2015)

MIS W. L. Fisher, R&SPB Section Chief (RPB/A)

RIV Files RSTS Operator R&SPB E. H. Johnson, DRS&P ENCLOSURE CONTAINS .

UPON SEPARATION THIS PAGE IS DECONTROLLED.

.

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    • r- - 'e-r - -- r- -

.*

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UlIS PAGE NOT SUBJECT TO PROTECTIVE REQUIREMENTS WHEN SEPARATED FROM MATERIAL CONTAINING i GULF STATES UTILITIES COMPANY Alvf R 0END $f AYiON POST OFFICE BOX 220 $t FRANCISVILLE Louisiana 70775 AREA CODE 504 635 6094 346 865I September 5, 1986 RBG- 24324 File Nos. G9.5, G15.4.-l Mr. James M. Taylor, Director Office of Inspection & Enforcement U.S. Nuclear Regulatory Commission gggggg g Washington, D.C. 20555

Dear Mr. Taylor:

SEP 101986 River Bend Station - Unit 1 '

j Refer to: Region IV Docket No. 50-458/ Report Nos. 86-11 and 8 Eli

" Notice of Violation and Proposed Imposition of Civil Penalties" This letter is Gulf States Utilities Company's response to the Notice of Violation and Proposed Imposition of Civil Penalties as attached to NRC letter EA86-109 dated August 7, 1986 and as described in Inspection Report Nos. 86-11 and 86-17. The inspections were performed by Messrs. A.B. Earnest and J.A.F. Kelly on February 25, 1986, and Messrs. J.A.F. Kelly and R.A Caldwell during the period of March 31 through April 4 and May 2, 1986 on activities authorized by NRC Operating License NPF-47 for River Bend Station - Unit 1.

GSU's response to the Notice of Violation and Proposed Imposition of Civil Penalties is provided in the enclosed as Attachment 1-

" Violations Assessed a Civil Penalty" and Attachment 2 -

" Violations Not Assessed a Civil Penalty".

A reauest for remission or mitigation of the Civil Penalties is being submitted separately as Attachmenf3 "REGd5YCfor7EiCof Civil

~~

Penalties". While a check in the amount of $65,000 is enclosed, for reasons stated in Attachment 3 the civil penalties are requested to be waived or reduced.

Information contained in these attachments is considered " Safeguards Information" pursuant to 10CFR73.21 and should be handled accordingly.

This completes GSU's response in this matter.

Sincerely, f'~ %. ._

-

. . . _ . J. Cahi Jr.

?

-

Senior Vice President w _4th// COPY No._ l' -

River Bend Nuclear Group WJC/ ERG'/JHM/je Attachment

- '

@ N$@%$

cc: Robert D. Martin, Regional Administrator U.S. Nuclear Regulatory Commission Region IV

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_,.,g 611 Ryan Plaza Drive, Suite 1000 ' ' 1. ^

avlinnenn. Tx 76011