IR 05000255/2007404
| 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
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
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)
Exemption number: 5 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 Enclosures Contain Safeguards Information. Upon separation, this page is decontrolled. 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 Executive Officer/ Chief Nuclear Officer J. Herron, Senior Vice President Senior Vice President, Engineering and Technical Services M. Balduzzi, Senior Vice President and Chief Operating Officer, Regional Operations, NE O. Limpias, Vice President, Engineering J. Ventosa, General Manager, Engineering J. DeRoy, Vice President, Operations Support Director, NSA J. McCann, Director, Nuclear Safety &
Licensing E. Harkness, Director of Oversight General Manager, Plant Operations C. Faison, Manager, Licensing L. Lahti, Manager, Licensing W. Dennis, Assistant General Counsel W. DiProfio W. Russell G. Randolph Supervisor, Covert Township Office of the Governor Michigan Department of Environmental Quality - Waste and Hazardous Materials Division Michigan Dept of Attorney General
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, 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 Executive Officer/ Chief Nuclear Officer J. Herron, Senior Vice President Senior Vice President, Engineering and Technical Services M. Balduzzi, Senior Vice President and Chief Operating Officer, Regional Operations, NE O. Limpias, Vice President, Engineering J. Ventosa, General Manager, Engineering J. DeRoy, Vice President, Operations Support Director, NSA J. McCann, Director, Nuclear Safety &
Licensing E. Harkness, Director of Oversight General Manager, Plant Operations C. Faison, Manager, Licensing L. Lahti, Manager, Licensing W. Dennis, Assistant General Counsel W. DiProfio W. Russell G. Randolph Supervisor, Covert Township Office of the Governor Michigan Department of Environmental Quality - Waste and Hazardous Materials Division Michigan Dept of Attorney General
DISTRIBUTION 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
RIII
RIII
NAME Lougheed West Burrell1 for Carpenter Heck Caldwell DATE 1/07/08 1/08/08 1/03/08 1/10/08 1/14/08 OFFICIAL RECORD COPY
1HQ concurrence received on January 3, 2008, from Michael Burrell, OE.
Enclosures Contain Safeguards Information.
Upon separation, this page is decontrolled. 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 OEWEB OAC3 TEB MMT RidsNrrDirsIrib BJK1 CAA1 DRPIII DRSIII PLB1 TXN Enclosure Contain Safeguards Information. Upon separation, this page is decontrolled.