IR 05000255/2007404

EA-07-255, Palisades Nuclear Plant, Final Significance Determination for a Security-Related Greater than Green Finding and Notice of Violation; NRC Security Baseline Inspection Report No. 05000255/2007404 (DRS) - Cover Letter

ML080150589
Person / Time
Site:	Palisades
Issue date:	01/14/2008
From:	Caldwell J Region 3 Administrator
To:	Schwarz C Entergy Nuclear Operations
References
EA-07-255, IR-07-404 EA-07-255, IR-07-404
Download: ML080150589 (5)

Text

ary 14, 2008

SUBJECT:

FINAL SIGNIFICANCE DETERMINATION FOR A SECURITY-RELATED GREATER THAN GREEN FINDING AND NOTICE OF VIOLATION; NRC SECURITY BASELINE INSPECTION REPORT NO. 05000255/2007404(DRS)

FOR PALISADES NUCLEAR PLANT

Dear Mr. Schwarz:

The purpose of this letter is to provide you the final results of our significance determination of the Greater than Green finding identified in the subject inspection report. The inspection finding was assessed using the Physical Protection Significance Determination Process and was preliminarily characterized as more than very low security significance. Specific details of the NRCs decision are included in the enclosures to this letter.

In a telephone conversation with Mr. E. Duncan of NRC, Region III, on November 19, 2007, Ms. L. Lahti of your staff indicated that Palisades Nuclear Plant did not contest the characterization of the significance of these findings and that you declined your opportunity to discuss these issues in a Regulatory Conference or to provide a written response.

After considering the information developed during the inspection, the NRC has concluded that the inspection finding is appropriately characterized as Greater than Green (i.e., more than very low security significance), which may require additional NRC inspections.

EXEMPT FROM PUBLIC DISCLOSURE May be exempt from public release under the Freedom of Information Act (5 U.S.C. 552) Enclosures Contain Safeguards Information. Upon separation, this page Exemption number: 5 is decontrolled.

Nuclear Regulatory Commission review required before public release.

Gregory Hansen, RIII/DRS/PSB Name and organization of person making determination.

Date of determination: 11/26/2007 You have 30 calendar days from the date of this letter to appeal the staffs determination of significance for the identified finding. Such appeals will be considered to have merit only if they meet the criteria given in Attachment 2 to NRC Inspection Manual Chapter 0609.

The NRC has also determined that the finding is associated with violations of certain NRC requirements, as cited in the enclosed Notice of Violation (Notice). The circumstances surrounding the violations are described in detail in the subject inspection report. In accordance with the NRC Enforcement Policy, the Notice is considered escalated enforcement action because it is associated with a Greater than Green finding.

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

Because plant performance for this issue has been determined to be beyond the licensee response band, we will use the NRCs Security Action Matrix to determine the most appropriate NRC response for this issue. 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 available electronically for public inspection in the NRC Public Document Room or from the Publicly Available Records System (PARS) component of NRC's Agencywide Documents Access and Management System (ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html (the Public Electronic Reading Room). However, because of the security-related concerns contained in the enclosures, and in accordance with 10 CFR 2.390, a copy of this letters enclosures will not be available for public inspection.

In accordance with 10 CFR 2.390(b)(1)(ii), the NRC is waiving the affidavit requirements for your response, if any. This practice will ensure that your response will not be made available electronically for public inspection in the NRC Public Document Room or from the NRCs document system, ADAMS. If Safeguards Information is necessary to provide an acceptable response, please provide the level of protection described in 10 CFR 73.21. Otherwise, mark Enclosures Contain Safeguards Information. Upon separation, this page is decontrolled. your entire response Security-Related Information - Withhold Under 10 CFR 2.390 and follow the instructions for withholding in 10 CFR 2.390(b)(1).

Sincerely,

/RA/

James L. Caldwell Regional Administrator Docket Nos. 50-255 License Nos. DPR-20 Nonpublic Enclosures ( ):

1. Final Determination of Significance 2. Notice of Violation cc w/encls ( ):

D. Riffle, NSIR/DSO/DDSO State Liaison Officer, State of Michigan cc w/o encls ( ):

M. Kansler, President and Chief General Manager, Plant Operations Executive Officer/ Chief Nuclear C. Faison, Manager, Licensing Officer L. Lahti, Manager, Licensing J. Herron, Senior Vice President W. Dennis, Assistant General Counsel Senior Vice President, Engineering and W. DiProfio Technical Services W. Russell M. Balduzzi, Senior Vice President and G. Randolph Chief Operating Officer, Regional Supervisor, Covert Township Operations, NE Office of the Governor O. Limpias, Vice President, Engineering Michigan Department of Environmental J. Ventosa, General Manager, Quality - Waste and Hazardous Engineering Materials Division J. DeRoy, Vice President, Operations Michigan Dept of Attorney General Support Director, NSA J. McCann, Director, Nuclear Safety &

Licensing Enclosures Contain Safeguards E. Harkness, Director of Oversight Information. Upon separation, this page is decontrolled. your entire response Security-Related Information-Withhold Under 10 CFR 2.390 and follow the instructions for withholding in 10 CFR 2.390(b)(1).

Sincerely, James L. Caldwell Regional Administrator Docket Nos. 50-255 License Nos. DPR-20 Nonpublic Enclosures ( ):

1. Final Determination of Significance 2. Notice of Violation cc w/encls ( ):

D. Riffle, NSIR/DSO/DDSO State Liaison Officer, State of Michigan cc w/o encls ( ):

M. Kansler, President and Chief E. Harkness, Director of Oversight Executive Officer/ Chief Nuclear General Manager, Plant Operations Officer C. Faison, Manager, Licensing J. Herron, Senior Vice President L. Lahti, Manager, Licensing Senior Vice President, Engineering and W. Dennis, Assistant General Counsel Technical Services W. DiProfio M. Balduzzi, Senior Vice President and W. Russell Chief Operating Officer, Regional G. Randolph Operations, NE Supervisor, Covert Township O. Limpias, Vice President, Engineering Office of the Governor J. Ventosa, General Manager, Michigan Department of Environmental Engineering Quality - Waste and Hazardous J. DeRoy, Vice President, Operations Materials Division Support Director, NSA Michigan Dept of Attorney General J. McCann, Director, Nuclear Safety &

Licensing Enclosures Contain Safeguards Information.

DISTRIBUTION Upon separation, this page is decontrolled.

See next page DOCUMENT NAME: G:\EICS\ENFORCEMENT\Enforcement Cases 2007\EA-07-255 Palisades Safeguards\EA-07-255 Final Significance Determination Ltr.doc G Publicly Available O Non-Publicly Available O Sensitive G Non-Sensitive To receive a copy of this document, indicate in the concurrence box "C" = Copy without attach/encl "E" = Copy with attach/encl "N" = No copy OFFICE RIII RIII OE RIII RIII NAME Lougheed West Burrell1 for Heck Caldwell Carpenter DATE 1/07/08 1/08/08 1/03/08 1/10/08 1/14/08 OFFICIAL RECORD COPY

HQ concurrence received on January 3, 2008, from Michael Burrell, OE. Letter to Christopher from James Caldwell dated January 14, 2008.

SUBJECT: FINAL SIGNIFICANCE DETERMINATION FOR A SECURITY-RELATED GREATER THAN GREEN FINDING AND NOTICE OF VIOLATION; NRC SECURITY BASELINE INSPECTION REPORT NO. 05000255/2007404(DRS)

FOR PALISADES NUCLEAR PLANT DISTRIBUTION w/o encls ( ):

SECY OCA W. Kane, DEDR C. Carpenter, OE D. Solorio, OE M. Burrell, OE J. Caldwell, RIII M. Satorius, RIII J. Moore, OGC C. Marco, OGC J. Longo, OGC D. Holody, Enforcement Officer, RI C. Evans, Enforcement Officer, RII J. Heck, Acting Enforcement Officer, RIII K. Fuller, Enforcement Officer, RIV M. Ashley, NRR E. Brenner, OPA H. Bell, OIG G. Caputo, OI S. Langan, OI N. Hane, OI P. Pelke, RIII:EICS P. Lougheed, RIII:EICS J. Strasma, RIII:PA V. Mitlyng, RIII:PA R. Lickus, RIII J. Lynch, RIII OEMAIL Enclosure Contain Safeguards OEWEB Information. Upon separation, this page OAC3 is decontrolled.

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