IR 05000382/1998016

Discusses Insp Rept 50-382/98-16 on 981125-1214 & Forwards Notice of Violation.Apparent Violation Involved Failure to Protect Safeguards Info as Required by 10CFR73.21

ML20199A476
Person / Time
Site:	Waterford
Issue date:	01/07/1999
From:	Merschoff E NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV)
To:	Dugger C ENTERGY OPERATIONS, INC.
Shared Package
ML20199A480	List: IR 05000382/1998016
References
RTR-NUREG-1600 50-382-98-16, EA-98-479, NUDOCS 9901130042
Download: ML20199A476 (5)

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o f . p#*%9 UNITED STATES r f. .%

P { ') c, p, NUCLEAR REGULATORY COMMISSION 5 :j . REGloN IV g

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3 611 FlYAN PLAZA DRIVE. SUITE 400 ARUNGToN, TEXAS 76011 8064

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EA 98-479

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4 Charles M. Dugger, Vice President Operations, Waterford-3 Entergy Operations, inc'.

P.O. Box B Killona, Louisiana 70066

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SUBJECT: NOTICE OF VIOLATION (NRC inspection Report No. 50-382/98-16)

Dear Mr. Dugger:

This is in reference to Entergy Operations, Inc. (Entergy) letters dated November 25 and December 14,1998, which were submitted in response to an apparent violation described in NRC Inspection Report 50-382/98-16, issued October 27,1998. The apparent violation involved a failure to protect Safeguards Information as required by 10 CFR 73.21. The failure to protect Safeguards triformation was identified by Entergy on July 23,1998, and was reported by Entergy to the NRC by telephone on the date of its discovery and in writing in Licensee Event Report (LE.R) 98-S01, dated August 17,1998. The NRC informed Entergy in the letter transmitting the inspection report that it was considering escalated enforcement action for this apparent violation. Entergy elected to respond to the apparent violation in writing in lieu of requesting a predecisional enforcement conference, i

Based on information provided in LER 98-S01, developed during the inspection, and provided in your November 25 and December 14 letters, the NRC has determined that a violation of NRC requirements occurred. The violation is cited in the enclosed Notice of Violation (Notice); the circumstances surrounding it were described in detailin the subject inspection report. In brief, )

the violation involved a f ailure to maintain required control of a copy of the Waterford-3 Physical ]

Security Plan. Specifically, for approximately five hours on July 23,1998, a copy of the plan l was left unattended and unsecured in an office outside of the protected area of the Waterford-3

. f acility. Entergy's investigation of this incident found no evidence that the information in the security plan had been compromised. The violation occurred because the individual who was

. routing the plan for approval did not assure that the plan was under the positive control of an authorized person at all times, as required by Waterford-3 security procedures.

- Entergy's November 25 and December 14,1998 letters did not contest the violation and described corrective actions take,1immediately following the discovery of the incident and those

. taken subsequent to the inciden: to prevent a recurrence. Immediate corrective actions t 9901130042 990107 l t

' PDR ADOCK 05000392 ,

-e PDR l

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4 Entergy Operations, Inc. -2-included conducting an investigation into the incident, counseling the individual who mishandled the Safeguards information, and initiating compensatory security measures to address the potential that the information was compromised. Longer term measures described in the .

November 25 letter included revising procedures to require listing allindividuals cleared to view and process Safeguards Information and to rr.ake that list available on the Waterford 3 security web page. Entergy's December 14 letter described additional corrective actions to prevent a recurrence, including: the use of a cover page on all safeguards documents delineating the proper handling of Safeguards information; notifications to site personnel when Safeguards Information procedures are revised; and, where appropriate, plans to make Safeguards information handling procedures consistent between departments at Waterford-3.

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' In accordance with the NRC's enforcement policy, leaving a document containing significant safeguards information unattended outside of the protected area of a facility, where it is

. accessible to individuals who may not be authorized access to safeguards information or to the protected area, is a significant violation. The NRC considers such violations significant whether or not the information is compromised because of the potential for the compromise of information pertaining to the detailed security measures of the facility. Therefore, the violation

' has been categorized in accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions" (Enforcement Policy), NUREG-1600 at Severity Level Ill.  ;

l in accordance with the Enforcement Policy, a civil penalty with a base value of $55,000 is l considered for a Severity Level ill violation. Because your facility has been the subject of l escalated enforcement actions within the last 2 years,' the NRC considered whether credit was l'

warranted for /dentification and Corrective Action in accordance with the civil penalty

- assessment process in Section VI.B.2 of the Enforcement Policy. The violation was identified by Entergy personnel; thus, identification credit is warranted. In addition, the NRC has determined that corrective action credit is warranted based on the corrective actions taken by d

Entergy and described above. Therefore, to recognize and encourage the identification and correction of violations, I have been authorized, after consultation with the Director, Office of Enforcement, not to propose a civil penalty in this case. However, significant violations in the future could result in a civil penalty.

I The NRC has concluded that information regarding the reason for the violation, the corrective actions taken and planned to correct the violation and prevent recurrence, and the date when j full compliance was achieved is adequately addressed on the docket in Waterford-3 LER 98- j

' S01, NRC Inspection Report No. 50-382/98-16, and Entergy's letters dated November 25,1998 l and December 14,1998. Therefore, you are not required to respond to this letter unless the  ;

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description therein does not accurately reflect your corrective actions or your position. In that  !

. case, or.if you choose to provide additional information, you should follow the instructions-specified in the enclosed Notice.

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/On February 5,1998Ja Seventy Level 111 Notice of Violation was issued for violations that resulted in the inoperability of the auxihary component cooling system at Waterford-3 (EA 97-589).

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Entergy Operations, Inc. -3-In accordance with 10 CFR 2.790 of the NRC's ' Rules of Practice," a copy of this letter, its .

enclosure, and any response you choose to submit will be placed in the NRC Public Document Room.

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Sincerely,

'

' Ellis W. Merse ff '

Regional Ad nistrator.

Docket No. 50-382'

. ' License No. NPF-38

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$nclosure:c Notice of Violation

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cc w/ Enclosure:

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. Executive Vice President and Chief Operating Officer Entergy Operations, Inc. )

' P.O. Box 31995 ~

Jackson, Mississippi 39286-1995 Vice President, Operations Support

) Entergy Operations, Inc.

P.O.' Box 31995 J

' Jackson, Mississippi . 39286-1995 l Wise, Carter, Child & Caraway ,

P.O. Box 651 1 Jackson, Mississippi 39205 General Manager, Plant Operations

. Waterford 3 SES Entergy Operations, Inc. i P.O. Box B l I

Killona', Louisiana 70066.

Manager - Licensing Manager Waterford 3 SES ,  ;

Entergy Operations, Inc. l 1 P.O. Box B

.Killona,' Louisiana 70066

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ii Ehtergy Operations, Inc. -4 -

P Chairman

Louisiana Public Service Commission .

One American Place, Suite 1630

. Baton Rouge, Louisiana 70825.1697 ,

Director, Nuclear Safety &

- Regulatory Affairs Waterford 3 SES ~

Entergy Operations, Inc. <

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P.O. Box B - '

Killona, Louisiana 70066 3. Ronald Wascoml, Administrator  :

1 ~ Louisiana Radiation Protection Division i-P.O. Box 82135 Baton Rouge, Louisiana 70884-2135 r

Parish President o St. Charles Parish

- P.O. Box 302 -

Hahnville, Louisiana 70057

. Winston & Strawn

= 1400 L Street, N.W.

Washington, D.C. 20005 3502

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