IR 05000259/2019490

NRC Security Inspection Report 05000259/2019490, 05000260/2019490 and 05000296/2019490 Preliminary Greater-Than-Green Finding

ML19352G681
Person / Time
Site:	Browns Ferry
Issue date:	12/18/2019
From:	Mark Franke NRC/RGN-II
To:	Jim Barstow Tennessee Valley Authority
References
EA-19-130 IR 2019940
Download: ML19352G681 (5)

Text

December 18, 2019

SUBJECT:

BROWNS FERRY NUCLEAR PLANT, UNITS 1, 2, AND 3 - NRC SECURITY INSPECTION REPORT 05000259/2019490, 05000260/2019490 AND 05000296/2019490 PRELIMINARY GREATER-THAN-GREEN FINDING

Dear Mr. Barstow:

This letter transmits a finding that has preliminarily been determined to be Greater than Green, a finding of greater than very low safety significance, resulting in the need for further evaluation to determine significance and therefore the need for additional NRC action. This finding was assessed based on the best available information, using the Baseline Security Significance Determination Process (BSSDP).

The finding is also an apparent violation of NRC requirements and is being considered for escalated enforcement action in accordance with the Enforcement Policy, which can be found on the NRCs Web site at http://www.nrc.gov/about-nrc/regulatory/enforcement/enforce-pol.html.

In accordance with NRC Inspection Manual Chapter (IMC) 0609, we intend to complete our evaluation using the best available information and issue our final determination of safety significance within 90 days of the date of this letter. The significance determination process encourages an open dialogue between the NRC staff and the licensee; however, the dialogue should not impact the timeliness of the staffs final determination.

Before we make a final decision on this matter, we are providing you with an opportunity to (1) attend a Regulatory Conference where you can present to the NRC your perspective on the facts and assumptions the NRC used to arrive at the finding and assess its significance, or (2) submit your position on the finding to the NRC in writing. If you request a Regulatory Conference, it should be held within 40 days of the receipt of this letter and we encourage you to submit supporting documentation at least one week prior to the conference in an effort to make the conference more efficient and effective. The focus of the Regulatory Conference is to discuss the significance of the finding and not necessarily the root cause or corrective action associated with the finding. If a Regulatory Conference is held, it will not be open for public observation because the subject matter could involve the potential discussion of security-related information. If you decide to submit only a written response, such submittal should be sent to the NRC within 40 days of your receipt of this letter. If you decline to request a Regulatory Conference or to submit a written response, you relinquish your right to appeal the final SDP determination, in that by not doing either, you fail to meet the appeal requirements stated in the Prerequisites and Limitations sections of Attachment 2 of NRC Inspection Manual Chapter 0609.

If you choose to send a response, it should be clearly marked as a "Response to An Apparent Violation; (EA-19-130)" and should include for the apparent violation: (1) the reason for the apparent violation or, if contested, the basis for disputing the apparent violation; (2) the corrective steps that have been taken and the results achieved; (3) the corrective steps that will be taken; and (4) the date when full compliance will be achieved. Your response should be submitted under oath or affirmation and may reference or include previously docketed correspondence, if the correspondence adequately addresses the required response.

Additionally, your response should be sent to the U.S. Nuclear Regulatory Commission, ATTN:

Document Control Center, Washington, DC 20555-0001 with a copy to Binoy Desai, U.S.

Nuclear Regulatory Commission, Region II, 245 Peachtree Center Avenue NE, Suite 1200, Atlanta, GA, 30101 within 40 days of the date of this letter. If an adequate response is not received within the time specified or an extension of time has not been granted by the NRC, the NRC will proceed with its enforcement decision or schedule a Regulatory Conference.

Please contact Binoy Desai at 404-997-4519 or James Shehee at 404-997-4563 in writing within 10 days from the issue date of this letter to notify the NRC of your intentions. If we have not heard from you within 10 days, we will continue with our significance determination and enforcement decision. The final resolution of this matter will be conveyed in separate correspondence.

Because the NRC has not made a final determination in this matter, no Notice of Violation is being issued for this inspection finding at this time. In addition, please be advised that the number and characterization of the apparent violation described in the enclosed inspection report may change as a result of further NRC review.

A licensee-identified violation which was determined to be of very low security significance is also documented in this report. We are treating this violation as a non-cited violation (NCV)

consistent with Section 2.3.2.a of the Enforcement Policy.

This letter will be made available for public inspection and copying at https://www.nrc.gov/reading-rm/adams.html and at the NRC Public Document Room, in accordance with 10 CFR 2.390, Public Inspections, Exemptions, Requests for Withholding.

However, the enclosed report contains Security-Related Information, so the enclosed report will not be made publicly available in accordance with 10 CFR 2.390(d)(1). If you choose to provide a response that contains Security-Related Information, please mark your entire response Security-Related Information-Withhold from public disclosure under 10 CFR 2.390 in accordance with 10 CFR 2.390(d)(1) and follow the instructions for withholding in 10 CFR 2.390(b)(1). The NRC is waiving the affidavit requirements for your response in accordance with 10 CFR 2.390(b)(1)(ii).

Sincerely,

/RA/

Mark Franke, Director Division of Reactor Safety

Docket Nos: 50-259, 50-260 and 50-296 License Nos: DPR-33, DPR-52 and DPR-68

Enclosure:

NRC IR 05000259/2019490, 260/2019490 and 296/2019490

cc: (See page 4) cc:

Christopher D. Dunn Plant Manager Browns Ferry Nuclear Plant Tennessee Valley Authority P.O. Box 2000 NAB 1A-BFN Decatur, AL 35609

Mr. Werner K. Paulhardt General Manager, Site Operations Browns Ferry Nuclear Plant Tennessee Valley Authority P.O. Box 2000 POB 2C-BFN Decatur, AL 35609

Mr. James A. Kent Director, Plant Support Browns Ferry Nuclear Plant Tennessee Valley Authority P.O. Box 2000 NAB 1A-BFN Decatur, AL 35609

Mr. Joseph W. Shea Vice President, Nuclear Technology Innovation Tennessee Valley Authority 1101 Market Street, LP 4A Chattanooga, TN 37402-2801

Mr. Christopher. E. Glover Director, Nuclear Security Tennessee Valley Authority 1101 Market Street, LP 1A Chattanooga, TN 37402-2801

Mr. Steve Sovizral Senior Manager, Nuclear Site Security Browns Ferry Nuclear Plant Tennessee Valley Authority P.O. Box 2000 PAB 2G-BFN Athens, AL 35609

ML19352G681 SUNSI REVIEW COMPLETE FORM 665 ATTACHED OFFICE RII:DRS/PSB RII:DRS/PSB RII:DRS/PSB RII:DRP/BR5 RII:EICS RII:DRS NAME J. Justice J. Shehee B. Desai O. Lopez-Santiago M. Kowal M. Franke DATE 12/ 2 /2019 12/ 3 /2019 12/ 2 /2019 12/ 3 /2019 12/ 4 /2019 12/ 18 /2019 E-MAIL COPY YES NO YES NO YES NO YES NO YES NO YES NO OFFICE NSIR NRR OE

DATE 12/ 16 /2019 12/ 16 /2019 12/16 2019

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