ML20133F957
| ML20133F957 | |
| Person / Time | |
|---|---|
| Site: | Cooper  |
| Issue date: | 01/13/1997 |
| From: | Lieberman J NRC OFFICE OF ENFORCEMENT (OE) |
| To: | |
| Shared Package | |
| ML20133F944 | List: |
| References | |
| EA-96-384, NUDOCS 9701150076 | |
| Download: ML20133F957 (8) | |
Text
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UNITED STATES NUCLEAR REGULATORY COMMISSION In the Matter of
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i THE WACKENHUT COMPANY
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EA 96-384
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DEMAND FOR INFORMATION I
The Wackenhut Company (TWC) is a contractor of security services to NRC licensees.
TWC provides, among other things, contract assistance to licensees to perform background investigations of persons who have requested unescorted access to nuclear power plants licensed by the NRC.
Such programs are governed by NRC requirements in 10 CFR 73.56. As such, TWC personnel involved in carrying out such programs under contract are subject to 10 CFR 50.5, the NRC's rule on deliberate misconduct.
II In October 1995, TWC was under contract to the Nebraska Public Power District (NPPD) to conduct background investigations of contract personnel who had applied for unescorted access to the Cooper Nuclear Station.
In late October 1995, NPPD discovered and informed the NRC that one of its employees, an access authorization technician, had directed TWC employees to use references provided by applicants as " developed" references.
A developed reference is one that is developed independently by those performing the background investigation.
In accordance with NPPD procedures at that time, two developed references were required prior to granting unescorted access to the facility.
9701150076 970113 PDR ADOCK 05000298 G
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i In response to this information, NRC's Office of Investigations (01) initiated an investigation to determine whether TWC personnel had deliberately violated NPPD procedures or NRC requirements. The investigation was completed in September 1996 and established: 1) TWC personnel stationed at Cooper Nuclear i
Station had questioned the instructions given to them by the NPPD technician l
and sought guidance from TWC's Pensacola, Florida office; and 2) that TWC personnel in Pensacola, Florida, including the Manager of Investigations, told TWC personnel at Cooper Nuclear Station to carry out the instructions.
I The investigation did not establish that TWC personnel in either location deliberately violated NPPD procedures or NRC access authorization requirements.
However, the investigation did establish that TWC personnel showed a willingness to follow a client's instructions even when they believed the client may be wrong.
In that TWC provides security support services to a number of NRC licensees, the NRC is concerned that the circumstances of this matter reflect either a general lack of understanding of TWC's responsibility for compliance or a lack of regard for compliance with NRC requirements in the performance of TWC's contracts.
Therefore, further information is needed to gain assurances that TWC understands its responsibility for assuring compliance and has trained its personnel accordingly, and to assure that NRC should have confidence that TWC personnel are in fact assuring compliance under all contracts with NRC licensees.
In addition, the NRC is requesting TWC to describe any corrective actions taken following this incident at Cooper Nuclear Station last fall.
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' III Accordingly, pursuant to sections 161c, 1610, 182 and 186 of the Atomic Energy I
Act of 1954, as amended, and the Commission's regulations in 10 CFR 2.204 in order for the Commission to determine whether enforcement action should be taken to ensure compliance with NRC regulatory requirements, TWC is requested to submit to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555, within 30 days of the date of this Demand for Information the following information, in writing and under oath or affirmation:
A.
Assurance that TWC, as a contractor to NRC licensees, understands its responsibility for compliance with licensee procedures and NRC requirements and that TWC personnel have been trained accordingly; 1
4 B.
Assurance that TWC personnel are in fact assuring compliance with licensee procedures and NRC requirements in the performance of their duties under contract to NRC licensees; and C.
A description of any corrective actions taken as a result of an incident involving violations of access authorization procedures at Cooper Nuclear Station in October 1995 in which TWC personnel carried out a client's directions to use provided references as developed references.
You may provide any other information that you want the NRC to consider, including whether the statements made in Section II are correct.
You may
. respond to this Demand for Information by filing a written answer under oath or affirmation or by setting forth your reasons why this Demand for Information should not have been issued if the requested information is not being provided.
Copies also be sent to the Assistant General Counsel for Hearings and Enforcement at the same address as above, and to the Regional Administrator, NRC Region IV, 611 Ryan Plaza Drive, Suite 400, Arlington, Texas 76011.
After reviewing your response, the NRC will determine whether further action is necessary to ensure compliance with regulatory requirements.
Because your response will be placed in the 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 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 mu_si 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 j
by 10 CFR 2.790(b) to support a request for withholding confidential commercial or financial information).
If safeguards information is nece r v I
to provide an acceptable response, please provide the level of protection described in 10 CFR 73.21.
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. FOR THE NUCLEAR REGULATORY COMMISSION
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i ames Lieberman, Director Office of Enforcement Dated at Rockville, Maryland this day of January 1997 i
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50,4(d) 50.71a)
PART 50 e DOMESTIC LICENSING OF PRODUCTION AND. UTILIZATION FACILITIES l
(d) Dehvery of communications.
I30.5 Deatwrote misconduct.
$ 04.7 Employee protect 6en.
Wntten communications may be dehvered to the Document Control Desk (a) Any licensee or any employee of a (s) Diacrimination by a Commission
- at 11555 Rockville Pike. Rockville, licensee; and any contractor (including a licensee, an applicant for a Commiulon 3 Maryland between the hours of 8
- 15 a.m.
supplier or consultant), subcontractor, or liC*^", or a contractor or subcontractor any employee of a contractor or f a Commission licenses or applicant a.nd 4 or, km. E stern Time. !! a subcontractor, of any licensee, who against en omp yee for engaging in
{ Sundu). or Federal hohda3, tne neu subrr.it14.1 due doie falls on Saturda) knowingly provides to any licensee,
"* " P activ e p
t d.
p'*gwrim]tect l
l contractor, or subcontractor, h derel u orking du) becornes the other actions that relate to components, equipment, materials, or compensation, terms, conditions, or official due date other goods or services, that relate to a privilogu of employment. The protected
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licensee's activities subject to this part; acuvities are establNaed in section 211 (e) Regulation governing submission.
may not:
of the Energy Reorganization Act of Licensees and a
,_ correspondence,pplicants submitting (1) Engage in deliberate misconduct 1974, as amended, at.d in general are reports, and other that causos or, but for detection, would related to b administradon or 8 written communications pursuant to the have caused, a licensee to be in enf reement of a reqairement imposed E regulations of this part are requested but violation of any rule, regulation, or
""d*'th* ^'* "lC D'8Y ^ C' th*
E not required to cite whenever practical, order, or any term, condition, or "g*1 Md actl '
y in the upper right et,rner of the first page limitation of anylicense, issued by the but are not timited t.o:
ies include of the submittal, the specific regulation Commission, or
{ (i) Providing the Commission or his or or other basis, requiring submission-(2) Deliberately submit to the NRC, a g her employer infonnation about alleged licensee, or a licensee's contractor or violations of either of the statutes E subcontractor,information that the E named in paragraph (a) introductory E person submitting the information 3 text of the section or possible violations (f) Conflicting requirements. The knows to be incomplete or inaccurate in of requirements imposed under either of communications requirements contained some respect material to the NRC.
those sta tes; in this section and il 50.12, 50.30, 50.30, (b) A person who violates paragraph
,ff,b,33,f,,8 ",],8,4 the 3
e t er 50.36a. 50.44, 50.49, 50.54, 50.55, 50.55a.
(a)(1) or (s)(2) of this section may be 50.59, 50.62, 50.71, 50.73, 50.82, 50.90, and subject to enforcement action in statutes named in paragraph (a) introductory text or under these
@ 50.91 supersede and replace all existing accordance with the procedures in 10
,,quirements if the emp'oyee has n
requirements in any license conditions CFR part 2, subpart B.
identified the alie8ed illgelity to the or technical specifications in effect on (c) For purposes of psragraph (a)(1) of employer:
a E January 5,1987. Exceptions to these this section, deliberate misconduct by a (111) Requesting the Commission to S requirements must be approved by the person means an intentional act or institute actior against his or her Information and Records Management omission that the person knows:
((
j'tje adm stration or g
Branch, Nuclear Regulatory (1) Would cause a licensee to be in (iv) Testify'" in any Commission Commission, Washington, DC 20555, violation of any rule, regulation, or oromeding. nr hefore Congren, or at any Telephone (301) 415 7230.
order, or any term, condition, or federal or state proceeding regarding limitation, of any license issued by the any provision (or proposed provision) of Ccimmission, or either of the statutes named in (2) Constitutes a violation of a paragraph (a) introductory text.
requirement, procedure, instruction, (v) Ass'. sting or participating in, or is contract, purchase order or policy of a about to assist or participats in, these licensee, contractor, or subcontractor, activities.
i 50-6a July 31,1996 (reset)
(next page is 50 7)
SYNOPSIS Office of Investigations (OI), Region IVThis investigation was init whether employees of The Wackenhut Corpora (tionRIV), on March 6, 1996, to determine
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Nebraska Public Power District's Cooper Nuclear (Station (CNS) secu TWC) deliberately violated and deliberately destroyed security access records.
Based on the testimonial and documentary evidence developed during the and destroyed a security access record was substantiated.
' direction the CNS access authorization staff technic However it was t
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4 January 13, 1997 r-I The Wackenhut Company DISTRIBUTION:
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