IR 05000247/2003006

IR 05000247-03-006 & 05000286-03-004, on 02/14/2003, Indian Point Energy Center; Temporary Instruction 2515/148, Inspection of Nuclear Reactor Safeguards Interim Compensatory Measures

ML030770089
Person / Time
Site:	Indian Point
Issue date:	03/17/2003
From:	Brian Holian Division Reactor Projects I
To:	Dacimo F Entergy Nuclear Operations
References
FOIA/PA-2003-0379, FOIA/PA-2003-0388, IR-03-003, IR-03-005 IR-03-004, IR-03-006
Download: ML030770089 (5)

Text

rch 17, 2003

SUBJECT:

INSPECTION OF NUCLEAR REACTOR SAFEGUARDS INTERIM COMPENSATORY MEASURES, TEMPORARY INSTRUCTION 2515/148, REVISION 1, INSPECTION REPORT NOS. 50-247/03-006, 50-286/03-004

Dear Mr. Dacimo:

On February 14, 2003, the U.S. Nuclear Regulatory Commission (USNRC) completed a special inspection at the Indian Point Generating Stations, in accordance with Temporary Instruction 2515/148, Revision 1, Inspection of Nuclear Reactor Safeguards Interim Compensatory Measures. The enclosed report documents the inspection findings which were discussed on January 31, February 14, and March 14, 2003, with Messrs. James Knubel, Chris Schwarz, David Thompson, Richard Goodrich, John McCann and other members of your staff. A separate inspection report (Inspection Report Nos. 50-247/03-005 and 50-286/03-003)

documenting NRC follow-up on concerns relative to certain elements and characteristics of your physical protection and security program was also issued March 17, 2003.

This inspection examined activities conducted under your license as they relate to safety and compliance with the Commissions rules and regulations, and with the conditions of your license. The specific purpose of this inspection was to verify that Entergy effectively implemented the interim compensatory measures (ICMs) imposed by the Order Modifying License issued February 25, 2002 (ICM Order), and that the specifications of that ICM Order were successfully incorporated into your site physical protection strategy and security program.

Additionally, the objective of the inspection was to ensure that relevant procedures were developed and implemented, and that interface agreements with offsite organizations were developed and coordinated, as required. The inspectors reviewed selected procedures and records, observed activities, and interviewed personnel. Since this inspection involved the review and assessment of security measures relative to the physical protection of the Indian Point facility, the report is considered as Safeguards Information, and is required to be controlled in accordance with 10 CFR 73.21, Requirements for the protection of safeguards information. However, the summary of findings, including table of contents is provided as non-safeguards information.

The inspection team confirmed that, at the time of the inspection, Entergy had effectively implemented the specifications of the Order Modifying License issued February 25, 2002.

Mr. Fred Dacimo 2 However, on January 3, 2003, three armed responders were inappropriately reassigned from Indian Point Unit 3 response positions that were required to be staffed. These reassignments resulted in a failure to adhere to requirements of the ICM Order regarding the minimum number of properly equipped armed responders in support of Indian Point Unit 3s response plan.

During the course of one shift on January 3, 2003, a Central Alarm Station (CAS) operator directed the reassignment of the three Indian Point Unit 3 armed responders from their normally assigned protected area response positions/patrols to other duties. Specifically, two armed responders were reassigned in the morning; and another armed responder was reassigned later that same day. When removed from their respective response positions, these responders were no longer properly equipped in accordance with the specifications of the Order; and were no longer in a position to execute the response strategy that Entergy established for responding to contingency events that threaten the physical protection and security of the Indian Point site. Although, these occurrences represent a vulnerability in safeguards systems or plans, the reassignments were of short duration and there have not been any other similar occurrences involving implementation of the Unit 3 response strategies.

Therefore, this finding was assessed as having very low safety significance (Green) in accordance with the Reactor Oversight Process (ROP) Significance Determination Process (SDP). The inspectors confirmed that Entergy took prompt corrective measures to prevent recurrence.

Previously, as identified in NRC Inspection Reports (50-247/02-05, dated September 23, 2002; and 50-247/02-06, dated November 6, 2002), there were two occurrences at Indian Point Unit 2 involving inattentive armed responders that also constituted vulnerabilities of safeguards systems or plans. We consider these types of findings as indicators of weaknesses in the implementation of your security program. As indicated in our Annual Assessment letters for each facility, dated March 3 and 4, 2003, these performance issues and the concerns raised by your security officers warrant continued management attention as you work toward consolidation of the Unit 2 and Unit 3 security forces.

In accordance with 10 CFR 2.790 of the NRCs "Rules of Practice," a copy of this letter, without enclosure will be made available electronically for public inspection in the NRC Public Document Room or from the Publicly Available Records (PARS) component of NRCs document system (ADAMS). ADAMS is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html (the Public Electronic Reading Room).

Should you have any questions concerning this inspection, we will be pleased to discuss them with you.

Sincerely,

/RA/

Brian Holian, Deputy Director Division of Reactor Projects Docket Nos. 50-247, 50-286 License Nos. DPR-26, DPR-64 Enclosure: NRC Inspection Report Nos. 50-247/03-006, 50-286/03-004 (CONTAINS (SGI))

Mr. Fred Dacimo 3 cc w/o encl w/o SGI:

J. Yelverton, Chief Executive Officer, Entergy Nuclear M. R. Kansler, Chief Operating Officer - Entergy Nuclear Northeast J. Herron, Senior Vice President, Indian Point Energy Center C. Schwarz, General Manager - Plant Operations D. Pace, Vice President, Engineering J. Knubel, Vice President, Operations Support J. McCann, Manager, Nuclear Safety and Licensing J. Kelly, Director, Nuclear Safety Assurance C. Faison, Manager, Licensing H. Salmon, Jr., Director of Oversight J. Comiotes, Director, Nuclear Safety Assurance, IPEC J. Fulton, Assistant General Counsel, Entergy Nuclear Operations, Inc.

W. Flynn, President, New York State Energy, Research and Development Authority J. Spath, Program Director, New York State Energy Research and Development Authority P. Eddy, Electric Division, New York State Department of Public Service C. Donaldson, Esquire, Assistant Attorney General, New York Department of Law R. Schwartz, SRC Consultant R. Toole, SRC Consultant C. Hehl, SRC Consultant T. Walsh, Secretary, NFSC, Entergy Nuclear Operations, Inc.

Mayor, Village of Buchanan J. G. Testa, Mayor, City of Peekskill R. Albanese, Executive Chair, Four County Nuclear Safety Committee S. Lousteau, Treasury Department, Entergy Services, Inc.

M. Slobodien, Director, Emergency Planning B. Brandenburg, Assistant General Counsel P. Rubin, Operations Manager Assemblywoman Sandra Galef, NYS Assembly County Clerk, Westchester County Legislature A. Spano, Westchester County Executive R. Bondi, Putnam County Executive C. Vanderhoef, Rockland County Executive E. A. Diana, Orange County Executive T. Judson, Central NY Citizens Awareness Network

Mr. Fred Dacimo 4 cc w/o encl w/o SGI (Contd):

M. Elie, Citizens Awareness Network D. Lochbaum, Nuclear Safety Engineer, Union of Concerned Scientists Public Citizen's Critical Mass Energy Project M. Mariotte, Nuclear Information & Resources Service F. Zalcman, Pace Law School, Energy Project L. Puglisi, Supervisor, Town of Cortlandt Congresswoman Sue W. Kelly Congresswoman Nita Lowey Senator Hilary Rodham Clinton Senator Charles Schumer J. Riccio, Greenpeace A. Matthiessen, Executive Director, Riverkeepers, Inc.

M. Kapolwitz, Chairman of County Environment & Health Committee A. Reynolds, Environmental Advocates M. Jacobs, Director, Longview School D. Katz, Executive Director, Citizens Awareness Network P. Gunter, Nuclear Information & Resource Service P. Leventhal, The Nuclear Control Institute K. Copeland, Pace Environmental Litigation Clinic R. Witherspoon, The Journal News Chairman, Standing Committee on Energy, NYS Assembly Chairman, Standing Committee on Environmental Conservation, NYS Assembly Chairman, Committee on Corporations, Authorities, and Commissions C. Terry, Niagara Mohawk Power Corporation

Mr. Fred Dacimo 5 Distribution w/o encl w/o SGI:

H. Miller, RA/J. Wiggins, DRA (1)

H. Nieh, RI EDO Coordinator P. Eselgroth, DRP R. Laufer, NRR P. Milano, PM, NRR G. Vissing, PM, NRR (Backup)

W. Cook, DRP R. Martin, DRP Region I Docket Room (w/concurrences)

V. Ordaz, NRR (RidsNsirDns)

W. Lanning, DRS R. Crlenjak, DRS J. White, DRS J. Laughlin, DRS T. Walker, ORA S. Barr, DRS D. Holody, ORA R. Urban, ORA Distribution w/encl w/SGI:

P. Frechette, DRS R. Albert, NSIR P. Habighorst - NRC Senior Resident Inspector P. Drysdale - NRC Senior Resident Inspector D. Thompson, Manager of Security, Indian Point D. Vito, Allegation Coordinator, Region I DOCUMENT NAME: A:\IPECTI148INSPECTIONREV030603.WPD After declaring this document An Official Agency Record it will be released to the Public.

To receive a copy of this document, indicate in the box: "C" = Copy without attachment/enclosure "E" = Copy with attachment/enclosure "N" = No copy OFFICE RI/DRS RI/DRS RI/DRS RI/DRS HQ/NSIR NAME PFrechette (GCS for) JLaughlin (GCS SBarr (GCS for) JWhite (GCS for) JPeralta (per for) telecon 2/20/03 DATE 03/17/03 03/17/03 03/17/03 03/17/03 02/20/03 OFFICE RI/DRP(BEH) RI/DRP NAME PEselgroth BHolian DATE 03/17/03 03/17/03 OFFICIAL RECORD COPY