ML20205B885

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Forwards Insp Repts 50-335/86-11,50-389/86-10,50-335/86-17 & 50-389/86-16 on 860414-18 & Notice of Violation & Proposed Imposition of Civil Penalty.Notice of Violation Withheld (Ref 10CFR2.790 & 73.21)
ML20205B885
Person / Time
Site: Saint Lucie  NextEra Energy icon.png
Issue date: 08/07/1986
From: Grace J
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
To: Woody C
FLORIDA POWER & LIGHT CO.
Shared Package
ML20205B891 List:
References
NUDOCS 8608120200
Download: ML20205B885 (4)


See also: IR 05000335/1986011

Text

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                          SAFEGUARDS INFORMATION
                                    AUG 0 71986
 Docket Nos. 50-335, 50-389
 License Nos. DPR-67, NPF-16
 EA 86-99
 Florida Power and Light Company
 ATTN:   Mr. C. O. Woody
         Group Vice President
 Nuclear Energy Department
 P. O. Box 14000
 Juno Beach, FL 33408
 Gentlemen:
 SUBJECT:    NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY
             (NRC INSPECTION REPORT N05. 50-335/86-11, 50-389/86-10, 50-335/86-17,
             AND 50-389/86-16)
 This refers to the Nuclear Regulatory Commission (NRC) inspection conducted by
 Mr. J. Ennis at the St. Lucie Nuclear Plant on April 14-18, 1986. The inspection
 included a review of the circumstances that were identified by the NRC Seniur
 Resident Inspector and that you reported to the NRC on April 10, 1986,
 surrounding the failure to control access to vital equipment and areas at
 St. Lucie Unit 1. As a result of this inspection, significant failures to
 comply with NRC regulatory requirements were identified. These matters were
 discussed in an Enforcement Conference held on May 9, 1986, between myself and
 Mr. E. A. Adomat, Executive Vice-President, Florida Power and Light Company
 (FPL).   In addition, while performing the corrective actions for the above
 violations, you identified additional vital equipment that was not afforded an
 adequate level of protection. Separate NRC inspections were then conducted by
 Mr. A. Tillman and Ms. O. Masnyk on June 2-3 and 18,1986, and accordingly, NRC
 concerns regarding this violation were discussed by Mr. R. Walker, Acting Deputy
 Regional Administrator, NRC, with Mr. C. O. Woody, Group Vice President, Nuclear
 Energy, FPL, in a second Enforcement Conference held on June 25, 1986.
 Item I described in the enclosed Notice of Violation and Proposed Imposition
 of Civil Penalty involves the failure to ensure barriers leading to vital equip-
 ment were maintained and the failure of security personnel during vital area
 patrols to detect openings leading into the vital area. Item II involves the
 failure to adequately design safeguards for vital equipment.
 To emphasize the need to ensure that the integrity of vital area barriers is
 maintained and that vital equipment is provided an adequate level of protection,
 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 Penalty in the amount of Twenty-Five Thousand
 Dollars ($25,000). In accordance with the " General Statement of Policy and
 Procedure for NRC Enforcement Actions," 10 CFR Part 2, Appendix C (1986)
                           860812o200
                             DR         860807                     ENCLOSURE CONTAINO
 CERTIFIED MAIL            O      ADOCK 05000335                    Mf CUARDS IMCMAT!W
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                        SAFEGLI ARDS INFORMATION                            fd           @1 1
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                                 SAFEGUARDS INFORMA'8
      Florida Power and Light Company             2
                                                                       '~                     3
                                                                        gE O 71986
      (Enforcement Policy), Item I described in the enclosed Notice has been
      categorized in the aggregate as a Severity Level III problem. The base
      value of a civil penalty for a Severity Level III problem is $50,000.      The NRC
      Enforcement Policy allows for reduction of a civil penalty under certain
      circumstances. In this case, the base civil penalty amount has been reduced
      by 50 percent because of your prompt and extensive corrective actions and your
      prior good performance in the area of concern. Further mitigation is not
      warranted because of: (1) your numerous opportunities to discover the degraded
      vital areas; (2) the duration of the violations; and (3) your prior notice of
      similar events contained in IE Information Notice No. 85-79, " Inadequate
      Communications Between Maintenance, Operations, and Security Personnel," dated
      September 30, 1985.
      Item II described in the enclosed Notice has been categorized as a Severity Level
      III violation.     hormally, a civil penalty is considered for a Severity Level III
      violation. However, after consultation with the Director, Office of Inspection
      and Enforcement, I have decided that a civil penalty will not be proposed for
      this violation in this case because you identified the violation while performing
      extensive corrective actions for the first two violations described in the
      enclosed Notice and because of your corrective actions after identifying this
      problem.
      You are required to respond to this letter and should follow the instructions
      specified in the enclosed Notice when preparing your response. 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 requirements.
      In accordance with 10 CFR 2.790(d) and 10 CFR 73.21, safeguards activities and
      security measures are exempt from public disclosure; therefore, the enclosures to
      this letter, with the exception of the report cover page which presents a
      nonexempt summary, will not be placed in the NRC Public Document Room.
      The responses directed by this lettre and its enclosures are not subject to the
      clearance procedures of the Office of Management and Budget as required by the
      Paperwork Reduction Act of 1980, PL 96-511.
      Should you have any questions concerning this letter, please contact us.
                                                  Sincerely,
                                                  J. Nelson Grace
                                                  Regional Administrator
      Enclosures:     (See Page 3)

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                                                                          ENCLOSURE CCliTAINS

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                                                                          SAFEGUARDS INFORMATION
                                                                          UP0H SEPARATION THIS
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                                    GUARDS INFORMATION
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                                                   ORMATION
 Florida Power and Light Company              3
                                                                g
 Enclosures:
 1.     Notice of Violation and Proposed
            Imposition of Civil Penalty
            (Safeguards Information)
 2.      Inspection Report
            (Safeguards Information)
 cc w/encls:
 K. N. Harris, Vice President
     St. Lucie Nuclear Plant
 D. A.-Sager, P1 ant Manager
 J. B. Harper, Site QA Superintendent-
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     State of Florida
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     JSniezek, DEDROGR
     JLieberman, ELD
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     FIngram, PA
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