EA-99-183 - Kewaunee (Wisconsin Public Service Corp.)

October 19, 1999

EA 99-183

Mr. Mark L. Marchi
Site Vice President
Kewaunee Plant
Wisconsin Public Service Corporation
Post Office Box 19002
Green Bay, WI 54307-9002

SUBJECT:

NOTICE OF VIOLATION (NRC OFFICE OF INVESTIGATIONS REPORT NO. 3-98-043)

Dear Mr. Marchi:

This letter is in reference to information reported to the U.S. Nuclear Regulatory Commission (NRC) on October 14, 1998, by the Wisconsin Public Service Corporation (WPSC) that the annual testing of many of the security force shotguns used at the Kewaunee Nuclear Power Plant was not completed in 1997 and 1998. Representatives of WPSC also reported that the records of the test firings had been falsified to show that the shotguns were tested when due. The NRC-approved security manual for the Kewaunee Plant requires the annual test firing of all on-site firearms, including shotguns. The NRC-approved security manual also requires that the results of the annual tests be documented and the record of the tests be maintained.

The NRC Office of Investigations (OI) conducted an investigation into the matter and concluded that the training manager for the Wackenhut Corporation, the security force contractor at the Kewaunee Plant, was responsible for ensuring that the annual test of all site assigned firearms, including shotguns, was conducted. The investigation developed information indicating that the annual test was not performed for 11 shotguns during 1997 and nine shotguns in 1998. Two of the shotguns that had not been tested failed to properly cycle during a subsequent test. The OI investigation also concluded that the Wackenhut training manager deliberately falsified the record of those tests and he also deliberately provided false information to the security director of the Kewaunee Plant when questioned on the subject. A copy of the OI report synopsis was provided to WPSC as an enclosure to a letter from the NRC dated July 22, 1999.

Based on the information developed during the OI investigation, an investigation by WPSC, and the information provided in your letter dated August 23, 1999, the NRC has determined that a violation of NRC requirements occurred. The violation is cited in the enclosed Notice of Violation (Notice) and the circumstances surrounding it are described in the investigation reports and your August 23, 1999 letter. The records of the annual shotgun tests are material to the NRC because they demonstrate compliance with the NRC-approved Kewaunee Nuclear Power Plant Security Manual and Condition No. 2.C(4) of NRC Operating License No. DPR-43 for the Kewaunee Nuclear Power Plant. Therefore, the actions of the Wackenhut training manager placed WPSC in violation of the NRC-approved Kewaunee Plant Security Manual and 10 CFR 50.9, "Completeness and Accuracy of Information." This deliberate violation by a supervisor has been categorized in accordance with the "General Statement of Policy and Procedure for NRC Enforcement Actions" (Enforcement Policy), NUREG-1600, at Severity Level III. Also, the Wackenhut training manager's personal actions represent a deliberate violation of the procedures implementing the NRC-approved security manual for the Kewaunee Plant.

In accordance with the Enforcement Policy, a base civil penalty of $55,000 is considered for a Severity Level III violation. Because the Kewaunee Nuclear Power Plant has been the subject of escalated enforcement actions within the two years preceding this violation,⁽¹⁾ the NRC considered whether credit was warranted for Identification and Corrective Action in accordance with the civil penalty assessment process in Section VI.B.2 of the Enforcement Policy. Credit was given for Identification because WPSC identified the violation and notified the NRC. Credit was also given for Corrective Action because of the immediate and long term measures taken by WPSC. The corrective actions are described in your August 23, 1999 letter and include reviewing other work performed by the individual, taking disciplinary action against the individual, and revising procedures to require additional oversight and verification of the annual testing of all firearms. The corrective actions also include evaluating other facets of the security programs to ensure those aspects have the proper level of management oversight and informing the security force of the incident.

Therefore, to encourage prompt identification and comprehensive correction of violations, the NRC is not proposing a civil penalty for this Severity Level III violation. However, significant violations in the future could result in a civil penalty. Additionally, the NRC has issued an Order Prohibiting Involvement in NRC-Licensed Activities to the former Wackenhut training manager.

The NRC has concluded that information regarding the reason for the enclosed violation, the corrective actions taken and planned to correct the violation and prevent recurrence, and the date when full compliance was achieved is adequately addressed on the docket in an August 23, 1999 letter from WPSC. Therefore, you are not required to respond to this letter unless the description therein does not accurately reflect your corrective actions or your position. In that case, or if you choose to provide additional information, you should follow the instructions specified in the enclosed Notice.

In accordance with 10 CFR 2.790 of the NRC's "Rules of Practice," a copy of this letter, its enclosure, and your response (if you choose to provide one) will be placed in the NRC Public Document Room (PDR). To the extent possible, your response should not include any personal privacy, proprietary, or safeguards information so that it can be placed in the PDR without redaction.

		Sincerely,
		R. W. Borchardt, Director Office of Enforcement

Docket No. 50-305
License No. DPR-43

Enclosure: Notice of Violation

cc w/encl:
K. Weinhauer, Manager, Kewaunee Plant
B. Burks, P.E., Director, Bureau of Field Operations
Chairman, Wisconsin Public Service Commission
State Liaison Officer

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NOTICE OF VIOLATION
Wisconsin Public Service Corporation Kewaunee Nuclear Power Plant		Docket No. 50-305 License No. DPR-43 EA 99-183

During an NRC investigation concluded on June 21, 1999, a violation of NRC requirements was identified. In accordance with the "General Statement of Policy and Procedure for NRC Enforcement Actions," NUREG-1600, the violation is listed below:  

10 CFR 50.9(a) provides, in part, that information required by a condition of a Commission license to be maintained by a licensee must be complete and accurate in all material respects.

License Condition No. 2.C.(4), Amendment 28, dated April 10, 1979, of the Kewaunee Facility Operating License No. DPR-43, requires, in part, that Wisconsin Public Service Corporation maintain in effect and fully implement all provisions of the Commission approved Kewaunee Nuclear Power Plant Security Manual.

Section 16.1 of the Kewaunee Plant Security Manual provides, in part, that security-related devices and equipment are tested and/or inspected and maintained in an operable condition in accordance with approved plant administrative procedures. Section 18.2.5 of the Kewaunee Plant Security Manual further provides that the results of functional and performance tests of security devices and equipment be recorded and maintained.

Section 5.16.2 of Kewaunee Plant Security Implementing Procedure 30.02, "Testing, Inspection and Maintenance of Security Equipment," Revision 2, dated July 8, 1996, requires, in part, that all on-site security firearms are functionally tested and operability verified at least once annually. Section 5.16.3 of Procedure No. 30.02 further requires, in part, that the security contractor develop internal procedures on test firing of all firearms.

Section 5.2 of Wackenhut Corporation, the security contractor at the Kewaunee Nuclear Power Plant, Procedure No. SDP-23, "Test Fire Criteria," Revision 0, dated October 7, 1994, provides, in part, that the training manager is responsible for ensuring that weapons meet the test fire criteria.

Contrary to the above, from October 7, 1994 to October 30, 1998, the then training manager for the Wackenhut Corporation was responsible for ensuring that the annual functional test and operability verification of all on-site security firearms, including shotguns, met the test fire criteria. On at least 11 occasions in 1997 and nine occasions in 1998, the Wackenhut training manager failed to ensure that the annual shotgun tests and verifications were performed. Two shotguns failed to properly cycle during subsequent testing. Furthermore, during October 1998, the Wackenhut training manager falsified the records of the annual tests and verifications to show that the shotguns had been tested. The records of these tests and verifications are material to the NRC as each record demonstrates compliance with the Commission approved Kewaunee Nuclear Power Plant Security Manual and Condition No. 2.C.(4) of the NRC operating license for the Kewaunee Nuclear Power Plant. (01013)

This is a Severity Level III violation (Supplements III and VII).

The NRC has concluded that information regarding the reason for the violation, the corrective actions taken and planned to correct the violation and prevent recurrence and the date when full compliance was achieved is adequately addressed on the docket in an August 23, 1999, letter from the Wisconsin Public Service Corporation. However, you are required to submit a written statement or explanation pursuant to 10 CFR 2.201, if the description therein does not accurately reflect your corrective actions or your position. In that case, or if you choose to respond, clearly mark your response as a "Reply to a Notice of Violation, EA 99-183," and send it to the NRC Document Control Desk, Washington, DC 20555, with copies to the Regional Administrator and the Enforcement Officer, U.S. Nuclear Regulatory Commission, 801 Warrenville Road, Lisle, IL 60532-4351, and a copy to the NRC Resident Inspector at the Kewaunee Nuclear Power Plant within 30 days of the date of the letter transmitting this Notice of Violation (Notice).

If you contest this enforcement action, you should also provide a copy of your response, with the basis for your denial, to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.

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

In accordance with 10 CFR 19.11, you may be required to post this Notice within two working days.

Dated this 19th day of October 1999

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¹ A Notice of Violation was issued on August 6, 1997, for a Severity Level III problem associated with a design error that rendered the reactor vessel level indication system incapable of accurately measuring reactor vessel water level since initial installation of the system during 1986 to March 10, 1997 (EA 97-235).

A Notice of Violation and a $50,000 civil penalty were issued on July 11, 1997, for a Severity Level III problem associated with controlling tests of the auxiliary feedwater system that was identified during a January 1997 inspection (EA 97-087).