IR 05000271/2008402
| ML081370037 | |
| Person / Time | |
|---|---|
| Site: | Vermont Yankee File:NorthStar Vermont Yankee icon.png |
| Issue date: | 05/15/2008 |
| From: | Collins S Region 1 Administrator |
| To: | Ted Sullivan Entergy Nuclear Operations |
| References | |
| EA-08-134 IR-08-402 | |
| Download: ML081370037 (5) | |
Text
May 15, 2008
SUBJECT:
FINAL SIGNIFICANCE DETERMINATION FOR A GREATER THAN GREEN FINDING AND NOTICE OF VIOLATION [NRC PHYSICAL SECURITY BASELINE INSPECTION REPORT 05000271/2008402; VERMONT YANKEE NUCLEAR POWER STATION]
Dear Mr. Sullivan:
The purpose of this letter is to provide you the final results of our significance determination of the preliminary Greater than Green finding described in the subject inspection report. The inspection finding was assessed using the Significance Determination Process (SDP) and was preliminarily characterized as 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. Since this matter involved sensitive security-related information, no further description is contained in this letter.
In a telephone conversation with Mr. James Trapp of NRC, Region I, on April 28, 2008, Mr. David Mannai of your staff indicated that Entergy Nuclear Operations, Inc. (Entergy) did not contest the characterization of the risk significance of this finding and declined the 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 inspection finding is appropriately characterized as Greater than Green. The referenced inspection report provided a preliminary significance determination that characterized the significance of this finding. Since you have chosen to provide no additional information, the significance determination provided to you in our letter, dated April 23, 2008, is considered final.
You have 30 calendar days from the date of this letter to appeal the staffs determination of significance for the identified Greater than Green finding. Such appeals will be considered to have merit only if they meet the criteria given in the NRC Inspection Manual Chapter 0609, Significance Determination Process. The NRC has also determined that this finding involved a violation of NRC requirements, as cited in the attached Notice of Violation (Notice). The Notice When separated from its Enclosure, this document is DECONTROLLED. contains security-related information that will not be made available for public review. The circumstances surrounding the violation are described in detail in the subject inspection report.
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.
Since the NRC understands your corrective actions for this violation, which were described in the referenced NRC inspection report, you are not specifically required to respond to this letter, unless the description therein does not accurately reflect your corrective actions or your position.
In that case, or if you choose to respond, you should follow the instructions specified in the enclosed Notice when preparing your response. Further, because this issue involves security-related information, your written response, if you choose to provide one, will not be made available electronically for public inspection in the NRC Public Document Room or from the NRCs document system (ADAMS). ADAMS is accessible from the NRC Website at http://www.nrc.gov/reading-rm/adams.html (the Public Electronic Reading Room).
In accordance with 10 CFR 2.390(b)(1)(ii), the NRC is waiving the affidavit requirements for your response to this letter and Notice. 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. However, to the extent possible, your response should not include any personal privacy, proprietary, or Safeguards Information. If Safeguards Information is necessary to provide an acceptable response, please provide the level 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 withholding in 10 CFR 2.390(b)(1).
The NRC will use the NRC Action Matrix to determine the Agencys most appropriate response for this finding. We will notify you, by separate correspondence, of that determination.
The enclosure to this letter contains Security-Related Information and, therefore, will not be made available electronically for public inspection in the NRC Public Document Room or from ADAMS. Further, the enclosure must be protected from unauthorized disclosure. In accordance with 10 CFR 2.390 of the NRCs Rules of Practice, a copy of this letter, when separated from its enclosure, will be available electronically for public inspection in the NRC Public Document Room or from the Publicly Available Records (PARS) component of NRCs document system, ADAMS.
Sincerely,
/RA/
Samuel J. Collins Regional Administrator
Docket No. 50-271 License No. DPR-28
Enclosure: Notice of Violation (CONTAINS SECURITY-RELATED INFORMATION (OUO-SRI))