ML20140F112

Notice of Violation & Proposed Imposition of Civil Penalty in Amount of $55,000.Violation Noted:Licensee Identified Seven Incidents Where Items Containing Safeguards Info Had Not Been Under Control of an Authorized Individual

ML20140F112
Person / Time
Site:	Millstone
Issue date:	06/11/1997
From:	NRC (Affiliation Not Assigned)
To:
Shared Package
ML20140F071	List: IR 05000245/1997003 ML20140F112
References
EA-97-104, NUDOCS 9706120309
Download: ML20140F112 (4)

Text

NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY Northeast Nuclear Energy Company Docket Nos. 50-245, 50-336, 50-423 Millstone, Units 1, 2 and 3 License Nos. DPR-21, DPR-65, NPF-49 EA 97-104 During an NRC inspection conducted between February 3-7, 1997, violations of NRC requirements were identified.

In accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions," NUREG-1600, the Nuclear Regulatory Commission proposes to impose a civil penalty pursuant to Section 234 of the Atomic Energy Act of 1954, as amended (Act), 42 U.S.C. 2282, and 10 CFR 2.205. The particular violations and associated civil penalty are set forth below:

I.

Violations Assessed a Civil Penalty A.

10 CFR 73.21(d) requires, in part, that while in use, matter containing Safeguards Information shall be under the control of an authorized individual, and while unattended, Safeguards Information shall be stored in a locked security storage container."

Contrary to the above, between May 1996 and January 1997, the licensee identified seven incidents where items containing Safeguards Information had not been under the control of an authorized individual and not locked in a security storage container. Four of the incidents occurred after November 12, 1996 (December 24, 1996 and February 3, February 15, and March 22, 1997), indicating that corrective actions for earlier occurrences were not effective.

B.

License Condition 2.C.4 of License Number DPR-21, License Condition 2.C.4 of License Number DPR-65, and License Condition 2.E of License Number NPF-49 for the Millstone Units 1, 2 and 3, respectively, require, in part, that the licensee fully implement and maintain in effect all provisions of the physical security, guard training and qualification, and safeguards contingency plans approved by the Commission and all amendments and revisions to such plans made pursuant to the authority of 10 CFR 50.90 and 10 CFR 50.54(p).

The Millstone Nuclear Power Station Physical Security Plan, dated June 4, 1996, Revision 25, Section 6.5.8, provides controls for designated licensee vehicles inside the protected area, and states, in part, that " Designated licensee vehicles are immobilized (example:

ignition locked) when not in use and the keys controlled."

Contrary to the above, from February 1995 to February 1997, the licensee identified 37 incidents where designated vehicles in the protected area were not immobilized and keys were not controlled for vehicles that were not in use.

Specifically, in these cases, the keys were left unattended in unlocked, unattended vehicles.

9706120309 970611 PDR ADOCK 05000245 G

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Notice of Violation-

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A't least f.' ve of these incidents occurred after November 12, 1996 (December 7(2), December 8, 1996 and January 13 and April 2, 1997) indicating that corrective actions for l

earlier incidents were not effective.

These violations are classified in the aggregate as a Severity Level III problem (Supplement III).

Civil Penalty - $55,000.

i II.

Violations Not Assessed a Civil Penalty i

A.

The Millstone Nuclear Power Station Physical Security Plan dated i

June 4, 1996, Revision 25, Section 6.4.1.4, states, in part, that "All personnel entering the protected area...are searched...for i

firearms, explosives and incendiary devices prior to entry.... If j

the individual fails that (metal detector) search they will be

[

subject to a " Hands-On" search."

Contrary to the above, on February 3, 1997, NRC inspectors observed a security officer performing searches with a hand-held-metal detector to meet the above requirements, and when the hand-held metal detector alarmed, the security officer allowed the F

individual to access the protected area, without having performed a " hands-on" search to identify the cause of the alarm.

This is a Severity Level IV Violation (Supplement III).

Pursuant to the provisions of 10 CFR 2.201, Northeast Nuclear Energy Company (Licensee) is hereby required to submit a written statement or explanation to the Director, 0ffice of Enforcement, U.S. Nuclear Regulatory Commission,.

within 30 days of the date of this Notice of Violation and Proposed Imposition of Civil Penalty (Notice). This reply should be clearly marked as a " Reply to a Notice of Violation" and should include for each alleged violation:

(1) admission or denial of the alleged violation..(2) the reasons for the i

violation if admitted, and if denied, the reasons why, (3) the corrective steps that have been taken and the results achieved, (4) the corrective steps that will be taken to avoid further violations,'and (5) the date when full compliance will be achieved.

If an adequate reply is not received within the time specified in this Notice, an Order or a Demand for Information may be issued.as to why the license should not be modified, suspended, or revoked or why such other action as may be proper should not be taken. Consideration may be given to extending the response time for good cause shown. Under the authority of Section 182 of the Act, 42 U.S.C. 2232, this response shall be submitted under oath or affirmation.

Within the same time as provided for the response required above under 10 CFR 2.201, the Licensee may pay the civil penalty by letter addressed to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, with a check, draft, money order, or electronic transfer payable to the Treasurer of the United States in the amount of the civil penalty proposed above, or the cumulative amount of the civil penalties if more than one civil penalty is proposed, or may protest imposition of the civil penalty, in whole or in part, by a written answer addressed to the Director, Office of Enforcement, U.S.

Nuclear Regulatory Commission. Should the Licensee fail to answer within the time specified, an order imposing the civil penalty will be issued. Should

Notice of Violation.

the Licensee elect to file an answer in accordance with 10 CFR 2.205 protesting the civil penalty, in whole or in part, such answer should be clearly marked as an " Answer to a Notice of Violation" and may:

(1) deny the violation listed in this Notice, in whole or in part, (2) demonstrate extenuating circumstances, (3) show error in this Notice, or (4) show other reasons why the penalty should not be imposed.

In addition to protesting the civil penalty, in whole or in part, such answer may request remission or mitigation of the penalty.

l In requesting mitigation of the proposed penalty, the factors addressed in Section VI.B.2 of the Enforcement Policy should be addressed. Any written answer in accordance with 10 CFR 2.205 should be set forth separately from the statement or explanation in reply pursuant to 10 CFR 2.201, but may incorporate parts of the 10 CFR 2.201 reply by specific reference (e.g.,

citing page and paragraph numbers) to avoid repetition. The attention of the Licensee is directed to the other provisions of 10 CFR 2.205, regarding i

the procedure for imposing a civil penalty.

Upon failure to pay any civil penalty due which subsequently has been determined in accordance with the applicable provisions of 10 CFR 2.205, this i

matter may be referred to the Attorney General, and the penalty, unless compromised, remitted, or mitigated, may be collected by civil action pursuant to Section 234(c) of the Act, 42 U.S.C. 2282c.

The response noted above (Reply to Notice of Violation, letter with payment of l

civil penalty, and Answer to a Notice of Violation) should be addressed to-Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, ATTN:

Document Control Desk, Washington, D.C. 20555 with a copy to the Director, Special Projects Office, NRR, U.S. Nuclear Regulatory Commission, and a copy to the NRC Resident Inspector at the facility that is the subject of this Notice.

Because your response will be plaud in the NRC Public Document Room (PDR), to the extent possible, it should not include any personal privacy, proprietary, or safeguards information so that it can be placed in the PDR without redaction.

If personal privacy or proprietary information is necessary to provide an acceptable response, then please provide a bracketed copy of your response that identifies the information that should be protected and a redacted copy of your response that deletes such information.

If you request withholding of such material, you must specifically identify the portions of your response that you seek to have withheld and provide in detail the bases for your claim of withholding (e.g., explain why the disclosure of information will create an unwarranted invasion of personal privacy or provide the information required by 10 CFR 2.790(b) to support a request for withholding confidential commercial or financial information).

If safeguards information is necessary to provide an acceptable response, please provide the level of protection described in 10 CFR 73.21.

Dated at Rockville, Maryland thisj%dayofJune1997 l

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