IR 05000010/1993003

Discusses Insp Repts 50-010/93-03,50-237/93-25 & 50-249/93-25 & Forwards Notice of Violation

ML20058E591
Person / Time
Site:	Dresden
Issue date:	11/26/1993
From:	Martin J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To:	Wallace M COMMONWEALTH EDISON CO.
Shared Package
ML20058E594	List: IR 05000010/1993003 ML20058E610
References
EA-93-223, NUDOCS 9312070072
Download: ML20058E591 (4)

Text

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NUCLEAR REGULATORY COMMISSION {

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' 'n REGloN lli ( ! ," E 799 ROOSEVELT ROAD "$] f GLEN ELLYN, ILUNOIS fict37-5927 I '%.... J November 26, 1993 Docket Nos. 50-10; 50-237; 50-249 License Nos. DPR-02; DPR-19; DPR-25 EA 93-223 Commonwealth Edison Company ATTN: Mr. Michael. Vice President Chief Nuclear Officer Executive Towers West III 1400 Opus Place, Suite 300 Dosners Grove, IL 60515

Dear Mr. Wallace:

SUBJECT: DRESDEN STATION - UNITS 1, 2 AND 3 NOTICE OF VIOLATION (NRC INSPECTION REPORT NOS.

50-10/93003(DRSS), 50-237/93025(DRSS); and 50-249/93025(DRSS)) This refers to the reactive security inspection conducted on August 25, 1993, at Dresden Station, Units 1, 2 and 3.

The inspection included a review of an event on August 16, 1993 involving an inadequate search which allowed a facsimile of a firearm to enter the protected area.

The report documenting this inspection was sent to you by letter dated September 9, 1993.

During this inspection a violation of NRC requirements was identified.

An enforcement conference was held on September 16, 1993, to discuss the proposed violation, its causes, and your corrective actions.

The report summarizing the conference was sent to you by letter dated September 27, 1993.

After the conference, your staff was requested by the NRC to reinvestigate the circumstances surrounding this event.

You subsequently submitted by letter dated October 4, 1993, an Investigative Report prepared by Corporate Security.

On August 16, 1993, at approximately 6:55 a.m., a station employee unknowingly brought a facsimile of a firearm into the Dresden protected area.

The facsimile was in the employee's duffle bag and was not detected by the security officer during x-ray ingress screening.

The facsimile remained in the employee's locked locker inside the protected area until the end of the day.

At approximately 4:00 p.m.,.the employee discovered in the parking lot that the facsimile was in his duffle bag.

At approximately 5:30 p.m., the employee called the Plant Manager from offsite and reported the event.

CERTIFIED MAIL RETURN RECEIPT RE2UESTED 0200EJ 9312070072 931126 "; PDR ADOCK 05000010 A gol f Q PDR j + Efp i d

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, Your investigation concluded that the circumstances of the event j could not be corroborated or disproved.

Furthermore, you

concluded that there was no intent by the employee in bringing l the facsimile into the protected area,-and no documentation or j substantial information was obtained to question the employee's , trustworthiness or reliability.

! e I One violation is described in the enclosed Notice of' Violation (Notice) involving an inadequate search of a package.

The root ! cause of the violation appears to have been an isolated error by j the security officer.

l k Although the potential for exploitation of the facsimile was minimal, the violation represents an inadequate search which

resulted in the introduction of the facsimile of a firearm into i the protected area.

Therefore, in accordance with the " General i Statement of Policy and Procedure for NRC Enforcement Actions," ! (Enforcement Policy) 10 CFR Part 2, Appendix C, the violation has i been categorized at Severity Level III.

! In accordance with the Enforcement Policy a civil penalty is considered for a Severity Level III violation.

However, I have j been authorized, after consultation with the Director, Office of Enforcement, and the Deputy Executive Director for Nuclear . Reactor Regulation, Regional Operations and Research, not to ! propose a civil penalty in this case.

In reaching this decision, , the NRC considered the adjustment factors in the Enforcement ? Policy, and determined that full mitigation of the base civil ! penalty was appropriate for your identification of the event and ! your good corrective actions, including initiating an i investigation into the cause of the event, removing and i retraining the individuals responsible for the event, instituting - proficiency testing of the guard force, and implementing enhanced drills with the x-ray machine.

\\ You are required to respond to this letter and should follow the J 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 and the results of future inspections, 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 of the NRC's " Rules of Practice,"- i a copy of this letter and its enclosure will be placed in the'NRC I Public Document Room.

. l The response directed by this letter and the enclosed Notice are

not subject to the clearance procedures of the Office of , , . -_, , . -. - --..

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l ! Management and Budget as required by the Paperwork Reduction Act ! of 1980, Public Law.No. 96-511.

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Sincerely, i JY W W j ' Jol ' B.

Martin > Regional Administrator Enclosure: Hotice 01 Violation j cc w/ enclosure: M.

Lyster, Site Vice President !' L.

DelGeorge, Vice President, Nuclear Oversight and Regulatory Services G.

Spedl, Station Manager J.

Shields, Regulatory Assurance ' Supervisor D.

Farrar, Nuclear Regulatory Services Manager OC/LFDCB ' Resident Inspectors, Dresden LaSalle, Quad Cities, Clinton Richard llubbard J.

McCaffrey, Chief, Public

Utilities Division R.

Newmann, Office of Public [ Counsel, State of Illinois Center l

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, ' Commonwealth Edison Company

RISIRIBUTION:

' 'SECY j CA { JTaylor, EDO ! HThompson, DEDS -{ JSniezek, DEDR ' JLieberman, OE l , RRosano, OE ! LChandler, OGC

JGoldberg, OGC l TMurley, NRR

JPartlow, NRR l Enforcement Coordinators i RI, RII, RIV, RV ' FIngram, CPA/PA DWilliams, OIG

Bliayes, OI

EJordan, AEOD ' Day. File EA Fi,1c (2) , ', %[,D9Ssida'

' State of IIIinois

i JStang,. Licensing Project Manager, NRR I

llMiller, Region III

TMartin, Region III .! JDyer, NRR i CPederson, Region III -- MJordan, Region III

,. SStasek, SRI, Davis Besse l ELeeds, NRR i RAO:RIII l SLO:RIII l ' PAO:RIII I IMS:RIII l ' W a , e .. l . }}