IR 05000245/2011403

Download: ML110330330

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SAFEGU \RDS I N FORMATIONFebruary 1,2011EA-10-214Mr. David HeacockPresident and Chief Nuclear OfficerDominion Nuclear, Connecticut, Inc.Innsbrook Technical Center5000 Dominion BoulevardGlen Allen, VA 23060

SUBJECT: FINAL SIGNIFICANCE DETERMINATION FOR A SECURITY-RELATEDGREEN FTNDlNG INRC TNSPECTTON REPORT NOS. 0500033612011403;050004231201 1 4031 - M I LLSTON E N U CLEAR POWER STATl ON

Dear Mr. Heacock:

This letter provides you with the U.S. Nuclear Regulatory Commission's (NRC's) finalsignificance determination for a finding that was preliminarily determined to be of at least low tomoderate security significance (Greater than Green). The finding was identified during an NRCinspection conducted at the Millstone Nuclear Power Station (Millstone) from August 16, 2010 -September 28, 2010, and was presented at an exit meeting held on September 28, 2010. Thefinding was discussed in detail in the subject inspection report issued on November 9,2Q10.Dominion Nuclear Connecticut, lnc. (Dominion) has taken immediate corrective actions toaddress any security-related vulnerability. The nature of the security-related finding, and thecorrective actions taken to address the issue, are considered safeguards information (SGl) andare not included in this letter, but are described in the non-public enclosure.Our November 9, 2010,letter also offered Dominion the opportunity to attend a RegulatoryConference or reply in writing to provide its position on the facts and assumptions the NRC usedto arrive at the finding and its security significance. At Dominion's request, a RegulatoryConference was held on January 6, 2011, at the NRC's Region I office in King of Prussia,Pennsylvania with Leslie Hart, Vice President Nuclear Support Services, and other members ofyour staff. During the meeting, Dominion staff described Dominion's assessment of thesignificance of the finding and the corrective actions taken to resolve the issue. Dominiondisagreed with the proposed significance of the issue, and presented new information to supportDominion's position.After further consideration of the information developed during the inspection, and the additionalinformation your staff provided at the conference, the NRC has concluded that the inspectionfinding is of very low security significance and should be characterized as Green. The NRC hasalso determined that the finding is associated with a violation of NRC requirements. The NRC istreating the issue as a non-cited violation in accordance with Section 2.3.2.a of the NRCEnforcement Policy because: 1) the violation was of very low security significance;2) comptiance was restored immediately upon identification of the issue; 3) the violation wasWhen separated from its Enclosure, thisdocument is DECONTROLLED.SAFECUARDS lNFORlv[ TION l=SAFECUNRDS I NFORMNTION entered into your corrective action program; and, 4) the violation was determined to be neitherrepetitive nor willful. The basis for the NRC's significance determination and discussion of theviolation are provided in the attached Enclosure, which also contains SGI and, therefore, is non-public.ln accordance with 10 CFR 2.390 of the NRC's "Rules of Practice," a copy of this letter will beavailable electronically for public inspection in the NRC Public Document Room located at NRCHeadquarters in Rockville, MD, and from the Publicly-Available Records (PARS) component ofNRC's document system, ADAMS. ADAMS is accessible from the NRC website athttp://www.nrc.qov/readino-rm/adams.html (the Public Electronic Reading Room). However,because of the security-related concerns contained in the enclosure, and in accordance with10 CFR 73.22, a copy of this letter's enclosure will not be available for public inspection. Inaddition, the NRC is waiving the affidavit requirements for your response, if any. This practicewill ensure that your response, if you choose to provide one, will not be made availableelectronically for public inspection in the NRC Public Document Room or from ADAMS. lfSafeguards Information is necessary to provide an acceptable response, please provide thelevel of protection described in 10 CFR 73.21. Othenruise, mark your entire response, "Security-Related Information - Withhold Under 10 CFR 2.390," and follow the instructions for withholdingin 10 CFR 2.391(bX1).

Sincerely,/RNSilas R. Kennedy, Acting ChiefPlant Support Branch 1Division of Reactor SafetyDocketNos. 50-336;50-243License Nos. DPR-65; NPF-49

Enclosure:

As Described (CONTAINS (SGl))cc wlencl: wlSGl:J. Curling, Acting Security Department ManagerF. Murray, President and CEO, NYSERDA, State of New YorkR. Frazier, New York State Office of Homeland SecurityE. Wilds, Jr., PH.D., State Liaison Officer, State of Connecticutcc w/o encl:w/o OUO-SRI: Distribution via ListServSNFEGUNRDS I NFERMATION D. Heacockentered into your corrective action program; and, 4) the violation was determined to be neitherrepetitive nor willful. The basis for the NRC's significance determination and discussion of theviolation are provided in the attached Enclosure, which also contains SGI and, therefore, is non-public.In accordance with 10 CFR 2.390 of the NRC's "Rules of Practice," a copy of this letter will beavailable electronically for public inspection in the NRC Public Document Room located at NRCHeadquarters in Rockville, MD, and from the Publicly-Available Records (PARS) component ofNRC's document system, ADAMS. ADAMS is accessible from the NRC website athttp:/lwww.nrc.gov/readinq-rm/adams.html (the Public Electronic Reading Room). However,because of the security-related concerns contained in the enclosure, and in accordance with10 CFR 73.22, a copy of this letter's enclosure will not be available for public inspection. Inaddition, the NRC is waiving the affidavit requirements for your response, if any. This practicewill ensure that your response, if you choose to provide one, will not be made availableelectronically for public inspection in the NRC Public Document Room or from ADAMS. lfSafeguards lnformation is necessary to provide an acceptable response, please provide thelevel of protection described in 10 CFR 73.21. Otherwise, mark your entire response, "Security-Related Information - Withhold Under 10 CFR 2.390," and follow the instructions for withholdingin 10 CFR 2.391(bX1).

Sincerely,/RNSilas R. Kennedy, Acting ChiefPlant Support Branch 1Division of Reactor SafetyDocket Nos. 50-336; 50-243License Nos. DPR-65: NPF-49

Enclosure:

As Described (CONTAINS (SGl))cc w/encl: w/SGl:J. Curling, Acting Security Department ManagerF. Murray, President and CEO, NYSERDA, State of New YorkR. Frazier, New York State Office of Homeland SecurityE. Wilds, Jr., PH.D., State Liaison Officer, State of Connecticutcc w/o encl: w/o OUO-SRI: Distribution via ListServSUNSI Review Complete: MMM (Reviewer's Initials)DOCUMENT NAME: S:\Enf-allg\Enforcement\Proposed-Actions\Regionl\EA-10-214 Millstone Security (public ltr) FlNAL.docxqfterdeclaringthisdocument"AnOfficial AgencyRecord"thedocumentgllllgreleasedtothePublic. ADAMSAccessionNo.: ML110330330rindicate in the box: "C" = Coov without"E" = CopV with=NoMMcLaughlin/MMM'RI/ DRS'See Previous Concurrence Page D. HeacockDistribution w/o encl: w/o SGI:R Zimmerman, OEN Hilton, OEM Ashley, NRRW Dean, RAD Lew, DRAJ Clifford, DRPD Roberts, DRPP Wilson, DRSL Doerflein, DRSD Jackson, DRPT Setzer, DRPD Dodson, DRPB Haagensen, DRP, RlJ Krafty, DRP, RlD Holody, RlM Mclaughlin, ORAA DeFrancisco, ORAC ODaniell, RlK Farrar, RlD Screnci/ N Sheehan, RlDistribution w/encl: w/SGlS Kennedy, DRSS Shaffer, DRP, SRID Caron, DRSJ Cherubini, DRSS Coker, NSIRD Furst. OESAFECUARDS IN FERMNTION3(via email)SAFEGUNRDS I NFORMNTION