NL-08-1906, LER 08-S01-00, for Edwin I. Hatch, Failure to Report Arrest Results in Inappropriate Access to Protected and Vital Areas

LER 08-S01-00, for Edwin I. Hatch, Failure to Report Arrest Results in Inappropriate Access to Protected and Vital Areas

ML083570432
Person / Time
Site:	Hatch
Issue date:	12/19/2008
From:	Madison D Southern Nuclear Operating Co
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
NL-08-1906 LER 08-S01-00
Download: ML083570432 (5)

Text

D. R. M.diloll Ca-i.. SaIIIIIenl luclee, Vice President - Hatch Oper8ti1ll eon.-ny. Inc.

Plant Edwin I. Hatch 11028 Hatch Parkway. North Baxley. Georgia 31513 Tel 912.537.5859 Fax 912.366.2077 December 19, 2008 E""D to Serve Your Wort"'"

Docket No.: 50-321 NL-08-1906 U. S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, D. C. 20555-0001 Edwin I. Hatch Nuclear Plant - Unit 1 Licensee Event Report Failure to Report Arrest Results in Inappropriate Access to Protected and Vital Areas Ladies and Gentlemen:

In accordance with the requirements of 10 CFR 73.71 Appendix G (1)(b),

Southern Nuclear Operating Company is submitting the enclosed report for a condition that was determined to be reportable on November 7,2008.

This letter contains no NRC commitments. If you have any questions, please advise.

Sincerely,

§~~

Vice President - Hatch DRMlMJKldaj

Enclosure:

LER 1-2008-S01 cc: Southern Nuclear Operating Company Mr. J. T. Gasser, Executive Vice President Mr. D. H. Jones, Vice President - Engineering RTYPE: CHA02.004 U. S. Nuclear Regulatory Commission Mr. L. A. Reyes, Regional Administrator Mr. R. E. Martin, NRR Project Manager - Hatch Mr. J. A. Hickey, Senior Resident Inspector - Hatch

1_.

NRC FORM 366 U.S. NUCLEAR REGULATORY COMMISSION APPROVED BY OMB: NO. 3150-0104 EXPIRES: 0813112010 9-2007)

ESllmlIlIId burdIn per response 10 comply with lh. mandatory collection reqUIIsl: 50 houIL Reported Ieamed _ Inc:orpofallid Into lhe licenSIng process and fed back to InduIIlry. SInd _ I l l ~ m bun:tan estimale 10 the Records and FOIAIPrlvacy Service Branch *5 2), U.S.

LICENSEE EVENT REPORT (LER) Nuclear R~ulalory CommissiOn, Washlng1on, DC 20555-0001, or ::rc in1Mle1 e-mail to in OCOIecllI.nrc~, and 10 lhe Desk OIfIC*, OffIce 011 ormation and Ragulatory Altalrs, NE 10202, (3150-0104), 0lIi0e of Management and Budge.. Wuhinglon, DC 20503. If a means used 10 impose an Informa1ion collection does not dl8I*y acurrently valid OMB contrd number, the NRC may not conduct or sponsor, and a person is not required to respond to, the

~. FACILITY NAME 2. DOCKET NUMBER 13. PAGE 1 Edwin I. Hatch Nuclear Plant Unit I 05000321 OF 4

14. TITlE Failure to Report Arrest Results in Inappropriate Access to Protected and Vital Areas

5. EVENT DAlE e. LEI' NUMBER 7. REPORT DATE a. OTHER FACILmES INVOLVED F~ILlTYIWE DOCKET NUMBER SEOUeNTIAl REV MONTH DAY YEAR YEAR MONTH DAY YEAR 05000 NUMBER NO.

FACILITY NAME DOCKET NUMllEA II 07 2008 2008 SOl 0 12 19 2008 05000

g. OPEAAllNG MODE 11. THIS REPORT IS SUBMIT'Tl:D PURSUANT 1'0 THE REQUIREMENTS OF 10 CFA§: (Ch6ck aR that apply) o 20.2201 (b) o 2O.2203(a)(3)(I) o 5O.73(a)(2)(I)(C) o 5O.73(a)(2)(v11)

I o 20.2201 (d) o 2O.2203(a)(3)(II) o 5O.73(a)(2)(II)(A) o 5O.73(a)(2)(v1Ii)(A) o 2O.2203(a)(1) o 2O.2203(a)(4) o 5O.73(a)(2)(ii)(B) o 5O.73(a)(2)(viii)(B) o 2O,2203(a)(2)(1) o 5O.36(c)( 1)(i)(A) o 5O.73(a)(2)(iii) o 5O.73(a)(2)(ix)(A)

10. POWER LEVEL o 2O.2203(a)(2)(il) o 5O.36(c)(1 )(ii)(A) o 5O.73(a)(2)(iv)(A) o 5O.73(a)(2)(x) o 2O.2203(a)(2)(iil) o 5O.36(c)(2) o 5O.73(a)(2)(v)(A) o 73.71(a)(4) o 2O.2203(a)(2)(iv) o 5O.46(a)(3)(11) o 5O.73(a)(2)(v)(B) o 73.71(a)(5) 99.9 o 2O.2203(a)(2)(v) o 5O.73(a)(2)(i)(A) o 5O.73(a)(2)(v)(C) 1m OTHER o 2O.2203(a)(2)(v1) o 5O.73(a)(2)(I)(8) o 5O.73(a)(2)(v)(D) Speclly In AbIlnIct b8Iow or In NRC Form 3ll8A 12, UCENSEE CONTACT FOR nus LEI'

1. lCILITY NAME I~ELEPHONE NUMIIEA (Include ArM CclcIe)

~win I. Hatch I Kathy Underwood, Perfonnance Analysis Supervisor 912-537-5931

13. COMPLElE ONE UNE FOR EACH COMPONENT FAILURE DESCRIBED IN THIS REPORT CAUSE SYSTEM COMPONENT MANU* REPORTABLE MANU REPORTABlE FACTU~ER TO EPIX CAUSE SYSTEM COMPONENT TO EPIX FACTlJRER

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

On 11107n008 at 1508 EST, Unit 1 was in the Run mode at a power level of approximately 2801 CMWf (99.9% rated thermal power), and Unit 2 was in the Run mode at a power level of approximately 2791 CMWf (99.5% rated thermal power). On this date it was determined that on November 3, 4, and 5, 2008, a contractor had entered the Protected Area with Unescorted Access after having failed to self report a custodial arrest. An internal security investigation was performed and concluded that the contract employee had failed to disclose a custodial arrest. The investigation determined that the contract employee's failure to report was not due to any malicious intent. This event is considered to have no significance with respect to the health and safety of the public. The individual has been denied access at the plant and flagged in the Personnel Access Data System (PADS) Network.

NRC FOAM 3eI (N007) PAI~D ON RECYCl.EO PAPER

NRC FORM 386A (9-2007)

LICENSEE EVENT REPORT (LER) u.s. NUCLEAR REGULATORY COMMISSION CONTINUATION SHEET

1. FACILITY NAME 2. DOCKET 6. LER NUMBER 3. PAGE YEAR I SEOUENTIAL NUMBER IREVISION NUMBER Edwin I. Hatch Nuclear Plant Unit l 05000321 2 OF 4 2008 - 501 - 0 NARRATIVE (If more space is required, use additional copies of NRC Form 366A)

PLANT AND SYSTEM IDENTIFICATION General Electric - Boiling Water Reactor Energy Industry Identification System codes appear in the text as (EllS Code XX).

DESCRIPTION OF EVENT On 1110712008 at 1508 EST, Unit 1 was in the Run mode at a power level of approximately 2801 CMWT (99.9% rated thermal power), and Unit 2 was in the Run mode at a power level of approximately 2791 CMWT (99.5% rated thermal power). On this date it was determined that on November 3, 4, and 5, 2008, a contractor had entered the Protected Area with Unescorted Access after having failed to self report a custodial arrest.

An internal security investigation was conducted.

The investigation determined that on October 31, 2008, the subject contractor was arrested and charges were filed. The contractor did not report the arrest either to his own company supervision or SNC personnel.

The contractor entered the site Protected Area to perform assigned work on November 3, 4, and 5, 2008.

The site became aware of the arrest on November 5, 2008; when an SNC employee recognized the contractor's name in a newspaper article, and relayed this information from the newspaper article to the Department Manager. The Department Manager informed Site Security Management. Upon notification, Security disabled the contractor's badge on November 5, 2008 pending further investigation. On November 7,2008 after the investigation confirmed the custodial arrest and that the nature of the arrest would impact the individual's trustworthiness or reliability a one hour report was made to the NRC.

CAUSE OF EVENT Interviews with the contract company's supervisory personnel revealed that the contract company has an arrest reporting policy that is cOlI\parable to the SNC policy. The investigation concluded that the contract employee had failed to disclose the arrest, as required by policy. The investigation concluded that the contract employee's failure to report was not due to any malicious intent with respect to structures, systems, or components at the plant.

NRC FORM 38lIA (~2007) PRINTEO ON RECYCLEO PAPER

NRC FORM 366A LICENSEE EVENT REPORT (LER) u.s. NUCLEAR REGULATORY COMMISSION (9-2007)

CONTINUATION SHEET

1. FACIUTY NAME 2. DOCKET e. LER NUMBER 3. PAGE YEAR SEQUENTIAL IREVISION Edwin I. Hatch Nuclear Plant Unit I 05000321 I NUMBER NUMBER 3 OF 4 2008 - 501 - 0 REPORTABILITY ANALYSIS AND SAFETY ASSESSMENT This report is submitted pursuant to 10 CFR 73.71 Appendix G (lXb). Personnel access authorization activities for Plant Hatch are performed by Nuclear Fleet Security located in Birmingham, Alabama. Southern Nuclear Operating Company (SNC) Access Authorization Program consists of the four following elements: 1) background investigation, 2) psychological evaluation, 3) Fitness For Duty (FFD), and 4) continual behavior observation program (BOP). These four program elements are the bases for recommendation of Unescorted Access Authorization (UAA) to licensed nuclear power facilities.

SNC utilizes contractors or vendors for supplemental workforce or specialized skills. Some of the vendor/contractor companies have established an acceptable UAA program for access to SNC Facilities. SNC may accept the UAA program or any part thereof conducted by a contractor or vendor that makes their records available for auditing by SNC; however, SNC retains the responsibility for assuring that individuals granted UAA to the nuclear facility meet regulatory requirements. Licensed nuclear power facilities utilize a common, industry sponsored, Personnel Access Data System (PADS) to maintain information on contractors or vendors that have accessed other nuclear facilities with Unescorted Access (UA).

SNC Access Authorization Program is established in accordance with the Nuclear Energy Institute (NEI) 03-01, Nuclear Power Plant Access Authorization Program which implements the criteria for applicable personnel access authorization requirements of 10 CFR 73.56, criminal history checks of 73.57, and fitness for duty requirements of 10 CFR 26. This program has been designed to establish consistency in access authorization programs

, throughout the nuclear power industry in the implementation of the NRC-issued order for Compensatory Measures Related to Access Authorization, EA-02-261, dated January 07, 2003.

The company Access Authorization Program explicitly requires all SNC employees and individuals with Unescorted Access AuthorizationlUnescorted Access (UAAlUA) to report any custodial arrests, criminal charges, convictions or proceedings that may impact his or her trustworthiness or reliability. The Notification of Arrests form, which is included in all in processing packages, clearly declares this requirement, provides a definition of what constitutes "arrest", and requires the applicant to certify their understanding of this requirement by signature. Additionally, this requirement is incorporated into General Employee Training for both initial qualification and re-qualification.

The completed elements remain current as long as the individual is maintained under a licensee-approved behavioral observation program (BOP). Once authorized UAA and while under an approved BOP, the individual may be maintained in a UAA authorized status ready to be granted Unescorted Access, which means the individual has satisfactorily completed plant access training, is covered by behavioral observation, is in the random drug and alcohol testing program and is provided the physical means to gain unescorted access to the protected area.

NRC FORM 3MA (9-2007) PRINTED ON RECYCLED PAPER

NRCFOAU388A LICENSEE EVENT REPORT (LER) u.s. NUCLEAR REGULATORY COMMISSION

(~2007)

CONTINUATION SHEET

1. FAC'IUTY NAME 2. DOCKET 6. LER NUMBER 3. PAGE VEAR I SEOUENTIAL NUMBER IREVISION NUMBER Edwin I. Hatch Nuclear Plant Unit 1 05000321 4 OF 4 2008 501 o The investigation of this event did not indicate any malicious intent on the part of the contract employee to sabotage or otherwise hann the plant, its structures, systems, components, equipment or personnel. During the time the contract employee had Unescorted Access, no aberrant behavior was observed. A review of the SNC Access Authorization process concluded that, apart from the contract employee's failure to self report his arrest, all requirements and established processes were followed regarding the authorization of Unescorted Access.

CORRECTIVE ACTIONS The subject contract employee's UAA was pulled promptly upon notification of the failure to self report his arrest, and an internal security investigation was conducted.

As a result of the investigation, this individual has been denied access at all SNC plants.

This individual has also been flagged in the Personnel Access Data System (PADS) Network to alert other industry sites.

Any additional corrective actions that are determined to be appropriate as a result of the cause investigation will be tracked in the plant's corrective action program.

ADDITIONAL INFORMATION There were no releases of radioactive materials, no personnel injuries, and no reportable equipment failures associated with this event. This event is not considered reportable under the Equipment Performance and Information Exchange (EPIX) program.

Other Systems Affected: No systems were affected by this event.

Failed Components Information: No failed components caused or resulted from this event.

Commitment Information: This report does not create any permanent licensing commitments.

Previous Similar Events: There have been no previous similar events reported in the last two years in which a custodial arrest was made and not self reported while the person was employed at Plant Hatch.

NRC FORM 3lIlIA (~2007) PRINTED ON RECYCLED PAPER