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22 April 2008
[Federal Register: April 22, 2008 (Volume 73, Number 78)]
[Notices]
[Page 21668-21669]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22ap08-80]
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NUCLEAR REGULATORY COMMISSION
[EA-07-256]
In the Matter of Wackenhut Nuclear Services, a Division of the
Wackenhut Corporation; Confirmatory Order (Effective Immediately)
I
Wackenhut Nuclear Services (WNS), a division of The Wackenhut
Corporation, provides security related services to the Turkey Point
Nuclear Plant (Turkey Point), operated by Florida Power & Light Company
(FPL or Licensee). FPL holds License No. DPR-31 and DPR-41, issued by
the Nuclear Regulatory Commission (NRC or Commission) on July 19, 1972,
and April 10, 1973, respectively, pursuant to 10 CFR Part 50. The
license authorizes the operation of Turkey Point, Units 3 and 4, in
accordance with the conditions specified therein. Turkey Point is
located on the Licensee's site in Florida City, Florida.
II
On December 13, 2006, the Nuclear Regulatory Commission's (NRC)
Office of Investigations (OI) completed an investigation of security-
related matters at FPL's Turkey Point Nuclear Plant. The purpose of the
investigation was to determine if security officers employed with WNS
at Turkey Point were willfully inattentive to duty during 2004-2006.
The results of the OI investigation were documented in a letter to WNS
dated October 30, 2007, which identified apparent violations involving
the activities of WNS employees. The apparent violations involved WNS
security officers who were willfully inattentive to duty or served as
lookouts such that other security officers could be inattentive while
on duty. These actions caused Wackenhut to be in violation of 10 CFR
50.5, and caused the facility (Turkey Point) to be in violation of 10
CFR 73.55(f)(1), because these officers were unable to maintain
continuous communication with an individual in each continuously manned
alarm station.
III
The results of the NRC's preliminary conclusions, as discussed in
Section II, were provided to WNS by NRC letter dated October 30, 2007.
The NRC's letter informed WNS that the NRC was considering the apparent
violations for escalated enforcement action in accordance with the NRC
Enforcement Policy, and offered WNS a choice to: (1) Attend a Pre-
decisional Enforcement Conference; (2) provide a written response; or
(3) request ADR with the NRC in an attempt to resolve any disagreement
on whether violations occurred, the appropriate enforcement action, and
the appropriate corrective actions. In response, WNS requested ADR to
resolve the matter. WNS and the NRC participated in an ADR session in
Atlanta, Georgia, on January 22, 2008. As a result of the ADR session,
WNS and the NRC reached an Agreement in Principle, which consisted of
the following elements:
1. The NRC and WNS agreed that during 2004-2006, several security
officers employed by Wackenhut Corporation engaged in deliberate
misconduct in violation of WNS' policies and procedures and which
caused Florida Power and Light Company's Turkey Point Nuclear Plant to
be in violation of 10 CFR 73.55(f)(1). Specifically, the security
officers were deliberately inattentive to duty or served as lookouts
such that other security officers would be allowed to be inattentive
while on duty. These actions caused FPL to be in violation of 10 CFR
73.55(f)(1), because these officers were, while inattentive, unable to
maintain continuous communication with an individual in each
continuously manned alarm station.
2. The NRC and WNS were in complete agreement that deliberately
inattentive security officers is an egregious matter that cannot be
tolerated in the nuclear industry.
3. The NRC acknowledged that, to its knowledge, during the time the
security officers engaged in deliberate misconduct, there was no actual
need for a security response by the WNS security force staff to a
security-related threat at Turkey Point. In addition, the facility
retained its ability to implement its protective strategy because of
the redundancy required by NRC security regulations.
4. The parties incorporated by reference the security enhancements
as documented in the NRC's Confirmatory Order of January 22, 2008.
5. In addition to the above, WNS has completed or agreed to
complete the following activities in response to the events as
discussed in Item 2 above:
(1) Safety Conscious Work Environment (SCWE) activities:
a. Issuance of a new SCWE Policy on February 5, 2007.
b. Issuance of a new SCWE Handbook in February 2007.
c. Training of all on-site WNS supervisory personnel on the above
SCWE Policy and Handbook initially completed in February 2007, and to
be proceduralized and conducted annually (Training Module).
(2) Continuous Behavioral Observation Program (CBOP):
a. Implement a Management and Supervisor Oversight procedure to
include CBOP evaluations of on-shift security force members' fitness
for duty (FFD).
b. CBOP training of officers regarding behavior identifiers and
actions to be taken in response to aberrant issues.
c. CBOP training of supervisors and officers to include
communication of expectations to self-declare potential FFD issues.
d. To ensure officers are fit-for-duty at the beginning of each
shift, WNS has also enhanced its FFD processes to include FFD
questioning of officers prior to each shift. In addition, WNS will
reinforce its expectations that officers may declare potential FFD
issues at any time.
(3) Training and development activities:
a. Continued implementation of Supervisory Requirements and
Expectations at FPL's Turkey Point facility, as discussed in WNS' memo
of 10/24/06, and for other facilities supported by WNS as described in
WNS' objective and One-on-One procedure.
b. Implementation of Attentiveness Refresher Training in November
2006, and continued training on an annual frequency.
c. Professional development training for newly hired security
officers at sites currently serviced by WNS. Periodic professional
development training will be performed at sites supported by any WNS's
successor organization.
d. Feedback mechanism to determine effectiveness of training (Ideal
Facility Performance Metrics).
(4) Process and Program Improvements:
a. Analysis of post rotation frequency and radio check frequency
and enhancements made as appropriate.
b. Performance of pre-hire security officer profile testing and
third party evaluation.
c. Implementation of Work Hour controls with consideration of the
NRC's Work Hours Requirement.
[[Page 21669]]
6. The NRC and WNS agreed to communications on the above activities
at the same frequency as discussed in the NRC's Confirmatory Order of
January 22, 2008.
7. In consideration of the above commitments, the NRC agreed to
forego issuance of a Notice of Violation or other enforcement action in
this matter.
8. The NRC and WNS agree that the above elements will be
incorporated into issuance of a Confirmatory Order.
9. This agreement is binding upon successors and assigns of WNS.
IV
Because WNS has agreed to take actions to address the NRC's
concerns, as set forth in Section II above, the NRC has concluded that
its concerns can be resolved through issuance of this Order.
I find that WNS' commitments set forth in Section V below are
acceptable and necessary, and I conclude that with these commitments
the public health and safety are reasonably assured. In view of the
foregoing, I have determined that public health and safety require that
WNS' commitments be confirmed by this Order. Based on the above and
WNS' consent, this Order is immediately effective upon issuance.
V
Accordingly, pursuant to Sections 104, 161b, 161i, 161o, and 186 of
the Atomic Energy Act of 1954, as amended, the Commission's regulations
in 10 CFR 2.202 and 10 CFR Part 50, it is hereby ordered, effective
immediately, that:
WNS has completed or agrees to complete the following activities in
response to the events as discussed in Item II above:
1. Safety Conscious Work Environment (SCWE) activities:
a. Issuance of a new SCWE Policy (issued on February 5, 2007).
b. Issuance of a new SCWE Handbook (issued in February 2007).
c. Training of all on-site WNS supervisory personnel on the above
SCWE Policy and Handbook initially completed in February 2007, and to
be proceduralized and conducted annually (Training Module).
2. Continuous Behavioral Observation Program (CBOP):
a. Implement a Management and Supervisor Oversight procedure to
include CBOP evaluations of on-shift security force members' fitness
for duty (FFD).
b. CBOP training of officers regarding behavior adverse to the
safety and security of the facility, and actions to be taken in
response to adverse conditions.
c. CBOP training of supervisors and officers to include
communication of requirements to self-declare potential FFD issues.
d. To ensure officers are fit-for-duty at the beginning of each
shift, WNS has also enhanced its FFD processes to include FFD
questioning of officers prior to each shift. In addition, WNS will
reinforce its expectations that officers should declare potential FFD
issues at any time the need arises.
3. Training and development activities:
a. Continued implementation of Supervisory Requirements and
Expectations at FPL's Turkey Point facility, as discussed in WNS' memo
of 10/24/06, and for other facilities supported by WNS as described in
WNS' objective and One-on-One procedure.
b. Implementation of Attentiveness Refresher Training in November
2006, and continued training on an annual frequency.
c. Professional development training for newly hired security
officers at sites currently serviced by WNS. Periodic professional
development training will be performed at sites supported by any WNS
successor organization.
d. Feedback mechanism to determine effectiveness of training (Ideal
Facility Performance Metrics).
4. Process and Program Improvements:
a. Analysis of post rotation frequency and radio check frequency
and enhancements made as appropriate.
b. Performance of pre-hire security officer profile testing and
third party evaluation
c. Implementation of Work Hour controls with consideration of the
NRC's Work Hours Requirement.
5. WNS agrees to communications on the above activities at the same
frequency as discussed in the NRC's Confirmatory Order of January 22,
2008.
6. This agreement is binding upon successors and assigns of WNS.
The Regional Administrator, NRC Region II, may relax or rescind, in
writing, any of the above conditions upon a showing by WNS of good
cause.
VI
Any person adversely affected by this Confirmatory Order, other
than WNS, may request a hearing within 20 days of its issuance. Where
good cause is shown, consideration will be given to extending the time
to request a hearing. A request for extension of time must be made in
writing to the Director, Office of Enforcement, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, and include a statement of good
cause for the extension. Any request for a hearing shall be submitted
to the Secretary, U.S. Nuclear Regulatory Commission, ATTN: Chief,
Rulemakings and Adjudications Staff, Washington, DC 20555-0001. Copies
of the hearing request shall also be sent to the Director, Office of
Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001; to the Assistant General Counsel for Materials Litigation and
Enforcement, at the same address; to the Regional Administrator, NRC
Region II, 61 Forsyth Street, SW., Suite 23T85, Atlanta, GA 30303-8931;
and to WNS. Because of the possible disruptions in delivery of mail to
United States Government offices, it is requested that answers and
requests for hearing be transmitted to the Secretary of the Commission
either by means of facsimile transmission to 301-415-1101 or by e-mail
to hearingdocket@nrc.gov and also to the Office of the General Counsel
either by means of facsimile transmission to 301-415-3725 or by e-mail
to OGCMailCenter@nrc.gov. If a person other than WNS requests a
hearing, that person shall set forth with particularity the manner in
which his interest is adversely affected by this Order and shall
address the criteria set forth in 10 CFR 2.309(d) and (f).
If a hearing is requested by a person whose interest is adversely
affected, the Commission will issue an Order designating the time and
place of any hearing. If a hearing is held, the issue to be considered
at such hearing shall be whether this Confirmatory Order should be
sustained.
In the absence of any request for hearing, or written approval of
an extension of time in which to request a hearing, the provisions
specified in Section V above shall be final 20 days from the date of
this Order without further order or proceedings. If an extension of
time for requesting a hearing has been approved, the provisions
specified in Section V shall be final when the extension expires if a
hearing request has not been received.
An answer or a request for hearing shall not stay the immediate
effectiveness of this order.
For the Nuclear Regulatory Commission.
Dated this 9th day of April 2008.
Victor M. McCree,
Acting Regional Administrator.
[FR Doc. E8-8659 Filed 4-21-08; 8:45 am]
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