IR 05000250/2010406

Download: ML110450587

Text

February 7, 2011

EA-10-241 Mr. Mano Nazar Executive Vice President and Chief Nuclear Officer Florida Power and Light Company P.O. Box 14000 Juno Beach, FL 33408-0420

SUBJECT: TURKEY POINT FINAL SIGNIFICANCE DETERMINATION - NRC INSPECTION REPORT 05000250/2010406 AND 05000251/2010406

Dear Mr. Nazar:

This letter provides you with the final results of our significance determination of the preliminary Greater than Green finding, identified in NRC Inspection Report 05000250/2010404 and 05000251/2010404, dated December 10, 2010. This preliminary Greater than Green finding involved an issue at Florida Power and Light Company's (FPL) Turkey Point Nuclear Plant, and was discussed in detail in the inspection report.

In a telephone conversation with Mr. Michael Ernstes, Chief, Plant Support Branch 2, NRC Region II, on December 17, 2010, Mr. Michael Kiley, Site Vice President, indicated that Turkey Point Nuclear Plant did not contest the significance of the finding and that you declined your opportunity to discuss this issue in a Regulatory Conference or provide a written response.

After considering the information developed during the inspection, the NRC has concluded that the finding is appropriately characterized as Greater than Green (i.e. an issue of at least low to moderate increased importance to safety, which may require additional NRC inspections) in the Physical Security cornerstone.

An appeal of the staff's determination of significance for the identified Greater than Green finding will not be considered as it would not meet the criteria given in NRC Inspection Manual Chapter 0609, Attachment 2; that is, since you declined to request a Regulatory Conference or submit a written response, you relinquished your right to appeal the final Significance Determination Process (SDP) determination.

The NRC also has determined that the condition discussed in NRC Inspection Report 05000250/2010404 and 05000251/2010404 is a violation as cited in the enclosed Notice of Violation (Notice). In accordance with the NRC Enforcement Policy, the Notice is considered an escalated enforcement action because it is associated with a Greater than Green finding. The FP&L 2 finding had a cross-cutting aspect in the area of Human Performance H.2 (c) in that the licensee failed to ensure that adequate procedures were available to ensure the proper handling and storage of SGI. If you disagree with the characterization of the cross-cutting aspect, you should provide a response within 30 days of the date of this inspection report, with the basis for your disagreement, to the Regional Administrator, Region II, and the NRC Resident Inspector at the Turkey Point Nuclear Plant.

You are required to respond to this letter and should follow the instructions specified in the enclosed Notice when preparing your response.

For administrative purposes, this letter is issued as a separate NRC Inspection Report No.

05000250,251/2010406.

Because plant performance for this issue has been determined to be beyond the licensee response band, we will use the NRC's Security Action Matrix to determine the most appropriate NRC response for this event. We will notify you by separate correspondence of that determination.

In accordance with 10 CFR 2.390 of the NRC's "Rules of Practice," a copy of this letter will be made available electronically for public inspection in the NRC Public Document Room or from the NRC's document system (ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. However, because of the security related information contained in the enclosure, and in accordance with 10 CFR 2.390, a copy of this letter's enclosures will not be available for public inspection.

Because this issue involves security-related information, your response will not be made available electronically for public inspection in the NRC Public Document Room or from the NRC's document system (ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. The material enclosed herewith contains security-related information in accordance with 10 CFR 2.390(d)(1) and its disclosure to unauthorized individuals could present a security vulnerability. Therefore, the material will not be made available electronically for public inspection in the NRC Public Document Room or from the NRC's document system (ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html.

Should you have any questions concerning this letter, please contact Mr. Joel Munday, Director, Division of Reactor Safety, at (404) 997-4600.

Sincerely,/RA/

Victor M. McCree Regional Administrator Docket No.: 50-250, 50-251 License No.: DPR-31, DPR-41

Enclosures:

1. Inspection Report 05000250,251/2010406 (OUO/Security Related Information) 2. Notice of Violation (OUO/Security Related Information) cc w/encls: See page 3 NOV 2 cc w/encls: Michael Kiley Site Vice President Turkey Point Nuclear Plant Florida Power and Light Company 9760 SW 344th Street Florida City, FL 33035

Robert J. Tomonto Licensing Manager Turkey Point Nuclear Plant Florida Power & Light Company 9760 SW 344th Street Florida City, FL 33035

Brent Rittmer Security Manager Turkey Point Nuclear Plant Florida Power & Light Company 9760 SW 344 Street Florida City, FL 33034 ADAMS ML NO. 110450587; - PUBLICALLY AVAILABLE; NON SENSITIVE