NRC-08-0062, LER 08-S01-00 for Fermi 2 Regarding Unescorted Access Revoked Upon Discovery of Adverse Information

LER 08-S01-00 for Fermi 2 Regarding Unescorted Access Revoked Upon Discovery of Adverse Information

ML082820549
Person / Time
Site:	Fermi
Issue date:	09/29/2008
From:	Plona J DTE Energy
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
NRC-08-0062 LER 08-S01-00
Download: ML082820549 (4)

Text

Joseph H. Plona Site Vice President 6400 N. Dixie Highway, Newport, MI 48166 Tel: 734.586.5910 Fax: 734.586.4172 DTE Energy-10 CFR 73.71(a)(4)

September 29, 2008 NRC-08-0062 U. S. Nuclear Regulatory Commission Attention: Document Control Desk Washington D C 20555

Reference:

Fermi 2 NRC Docket No. 50-341 NRC License No. NPF-43

Subject:

Safeguards Event Report No. 2008-SO 1, "Unescorted Access Revoked Upon Discovery of Adverse Information" Pursuant to 10 CFR 73.71(a)(4), Detroit Edison is hereby submitting the enclosed Safeguards Event Report (SER), No. 2008-S01. This SER documents a reportable event that occurred on August 7, 2008 involving the revocation of an employee's unescorted access upon the discovery of adverse information.

No new commitments are made.

Should you have any questions or require additional information, please contact Mr.

Thomas Stack of my staff at (734) 586-1112.

Sincerely, cc: NRC Project Manager NRC Resident Office Director, Division of Nuclear Security Office of Nuclear Security and Incident Response Reactor Projects Chief, Branch 4, Region EId Regional Administrator, Region III Supervisor, Electric Operators, Michigan Public Service Commission

NRC FORM 366 U.S. NUCLEAR REGULATORY COMMISSION APPROVED BY OMB: No. 3150-0104 Expires 8/31/2010 (9/2007) Estimated burden per response to comply with this mandatory collection request: 80 hours9.259259e-4 days <br />0.0222 hours <br />1.322751e-4 weeks <br />3.044e-5 months <br />. Reported lessons learned are incorporated into the licensing process and fed back to industry. Send comments regarding burden LICENSEE EVENT REPORT (LER¶) estimate to the Records and FOIA/Privacy Service Branch (T-5 F52), U.S.

Nuclear Regulatory Commission, Washington, DC 20555-0001, or by internet e-mail to infocollects@nrc.gov, and to the Desk Officer, Office of Information and Regulatory Affairs, NEOB-10202. (3150-0104), Office of Management and Budget, Washington, DC 20503. If a means used to impose an information collection does not display a currently valid OMB control number, the NRC may (See reverse for required number of not conduct or sponsor, and a person is not required to respond to, the digits/characters for each block) information collection.

1. FACILITY NAME 2. DOCKET NUMBER 3. PAGE Fermi 2 05000341 1 OF 3

4. TITLE Unescorted Access Revoked Upon Discovery of Adverse Information

5. EVENT DATE 6. LER NUMBER 7. REPORT DATE 8. OTHER FACILITIES INVOLVED MONTH DAY YEAR YEAR SEQUENTIAL REV MONTH DAY YEAR FACILITY NAME DOCKET NUMBER NUMBER NO 05000 08 07 2008 2008 - S01 00 09 29 2008 FACILITY NAME DOCKET NUMBER 05000.

9. OPERATING MODE 11. THIS REPORT SUBMI'TED PURSUANT TO THE REQUIREMENTS OF 10 CFR§' (Check all that apply)

EJ 20.2201 (b) Q 20.2203(a)(3i(i) 0 50.73(a)(2)(i)(C) Q 50.73(a)(2)(vii)

EJ 20.2201 (d) 020.2203(a)(3)(ii) 50.73(a)(2)(ii)(A) 00 50.73(a)(2)(viii)(A) 1E20.2203(a)(1) 020.2203(a)(4) 050.73(a)(2)(ii)(B) 50.73(a)(2)(viii)(B)

_ _ 20.2203(a)(2)(i) 050.36(c)(1 )(i)(A) 0 50.73(a)(2)(iii) 50.73(a)(2)(ix)(A)

10. POWER LEVEL 020.2203(a)(2)(ii) 050.36(c)(1)(ii)(A) 050.73(a)(2)(iv)(A) 050.73(a)(2)(x) 020.2203(a)(2)(iii) 050.36(c)(2) 050.73(a)(2)(v)(A) 073.71 (a)(4)

J20.22203(a)(2)(iv) 050.46(a)(3)(ii) 050.73(a)(2)(v)(B) 073.71 (a)(5) 100 J 20.2203(a)(2)(v) 050.73(a)(2)(i)(A) 50.73(a)(2)(v)(C) 0 OTHER 20.2203(a)(2)(vi) 0 50.73(a)(2)(i)(B) 0 50.73(a)(2)(v)(D) Specify in abstract below or in NRC Form 366A

12. LICENSEE CONTACT FOR THS LER FACILITY NAME FELEPHONE NUMBER (Include Area Code)

Thomas P. Stack, Manager--Nuclear Security 734-586-1112

13. COMPLETE ONE LINE FOR EACH COMPONENT FAILURE DESCRIBED IN THIS REPORT CAUSE SYSTEM COMPONENT MANU- REPORTABLE CAUSE SYSTEM COMPONENT MANU- REPORTABLE FACTURER TO EPIX . -FACTURER TO EPIX

14. SUPPLEMENTAL REPORT EXPECTED .15. EXPECTED MONTH DAY YEAR SUBMISSION Z YES (If yes, complete 15. EXPECTED SUBMISSION DATE) rJ NO DATE ABSTRACT (Limit to 1400 spaces, i.e., approximately 15 single-spaced typewritten lines)

On May 23, 2008 a licensee employee was granted unescorted access authorization to the protected and vital areas after the requirements of 10 CFR 73.56 were satisfied in accordance with the Physical Security Plan and facility.

procedures. On July 29, 2008 a review of the background information revealed that the employee failed to provide adverse information during inprocessing. Upon discovery, the employee's unescorted access was suspended on July 29, 2008 pending further investigation.

On August 7, 2008 the investigation was completed and confirmed that the employee did not fully disclose the relevant details of criminal history during his request for unescorted access on May 21, 2008. The employee's unescorted access was subsequently revoked. The criminal charges that were not reported were sufficient to have caused the employee to be denied unescorted access if reported when unescorted access was requested. The incident was reported to the NRC on August 7, 2008, in accordance with 10 CFR 73.71.

NRC FORM 366 (9/2007)

1 NRC FORM 366A U.S. NUCLEAR REGULATORY COMMISSION (9-2007)

LICENSEE EVENT REPORT (LER)

1. FACILITY NAME 2. DOCKET 6. LER NUMBER 3. PAGE YEAR SEQUENTIAL REVISION Fermi 2 05000341 NUMBER NUMBER 2 OF 3 2008 -S01 -- 00

17. NARRATIVE (If more space is required, use additionalcopies of NRC Form 366A)

Initial Plant Conditions:

Mode 1 Reactor Power 100%

Description of the Event On May 21, 2008 a licensee employee requested unescorted access be reinstated. During inprocessing, the employee self-disclosed recent criminal history. The employee was interviewed on May 22nd concerning his criminal history providing details surrounding two recent events. The employee stated he was to plead guilty to a misdemeanor on May 23rd and another misdemeanor charge was dismissed. Subsequently, the adverse information was dispositioned and reinstated unescorted access was granted to the employee on May 23, 2008.

On July 28, 2008 the employee provided a verbal update on the misdemeanor charge he plead guilty to on May 23rd. He was requested by Nuclear Security to provide documentation from the court. On July 29th, the employee inadvertently .provided a notice to appear in court for a misdemeanor charge that on May 23rd he stated was dismissed. Upon discovery, the employee's unescorted access was suspended on July 29, 2008pending further investigation.

On July 30, 2008 the employee was interviewed and provided additional details about the self-disclosed misdemeanor he had previously stated wasdismissed. Additional information was requested from the employee and the applicable court as investigative actions continued. On August 7, 2008 the investigation was completed and confirmed that the employee did not fully disclose the relevant details of criminal history during his request for unescorted access on May 21, 2008. The employee's unescorted access was revoked. The criminal charges that were not reported were sufficient enough to have caused the employee to be denied unescorted access if reported when unescorted access was requested. The incident was reported within one hour to the NRC on August 7, 2008, in accordance with 10 CFR 73.71 (Event #44391).

Significant Safety Consequences and Implications The event had no adverse impact on the health and safety of the public. A transaction report was generated for the keycard activity from May 23, 2008 through July 29, 2008. The report revealed the employee never entered any vital areas. The employee's supervisor performed a review to determine if the employee had been involved in any safety-related work activity. The review was completed on August 7, 2008 and concluded the employee did not perform any tasks on plant safety-related equipment. There was no evidence of unusual behavior that would cause the employee's supervisor to take any action under the Behavior Observation Program. This event did not threaten any plant safety systems. Local law enforcement assistance was not required, nor was there any media interest.

Cause of the Event The cause of the event was the licensee employee did not fully disclose the relevant details of criminal history.

during his request for unescorted access on May 21, 2008. All elements of the access authorization program described in the NRC approved Physical Security Plan were appropriately implemented by Detroit Edison.

NRC FORM 366A (9-2007)

1 NRC FORM 366A U.S. NUCLEAR REGULATORY COMMISSION (9-2007)

LICENSEE EVENT REPORT (LER)

1. FACILITY NAME Fermi 2 Corrective Actions This event was entered into the Fermi 2 corrective action program. The employee was escorted from site and unescorted access was revoked. The investigation revealed that there was procedure guidance in place for the elements of this event and there were no procedure violations.

Additional Information A. Failed Components: None B. Previous Safeguards Event Reports with Similar Conditions:

SER 2001-SO1 & SER 2004-S02 describe similar events where individual access was revoked due to discovery of adverse information after access was granted. As with this event, both of the previous events did not identify any programmatic or organizational weakness and specific corrective actions were not taken to prevent reoccurrence of these events.

NRC FORM 366A (9-2007)