[Federal Register Volume 73, Number 78 (Tuesday, April 22, 2008)]
[Notices]
[Pages 21668-21669]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-8659]


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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 [email protected] and also to the Office of the General Counsel 
either by means of facsimile transmission to 301-415-3725 or by e-mail 
to [email protected]. 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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