IR 05000313/2008404

Final Significance Determination for a Security-Related Greater than Green Finding and Notice of Violation (NRC Physical Security Special Inspection Report 05000313-08-404; 05000368-08-404)

ML083360403
Person / Time
Site:	Arkansas Nuclear
Issue date:	12/01/2008
From:	Collins E E Region 4 Administrator
To:	Mitchell T G Entergy Operations
References
EA-08-249 IR-08-404
Preceding documents:	ML090060885 (6 January 2009)
Download: ML083360403 (3)

Text

December 1, 2008

EA-08-249

Timothy Vice President Operations Arkansas Nuclear One Entergy Operations, Inc.

1448 S.R. 333 Russellville, AR 72802-0967

SUBJECT: ARKANSAS NUCLEAR ONE, UNITS 1 AND 2 - FINAL SIGNIFICANCE DETERMINATION FOR A SECURITY-RELATED GREATER THAN GREEN FINDING AND NOTICE OF VIOLATION (NRC PHYSICAL SECURITY SPECIAL INSPECTION REPORT 05000313/2008404; 05000368/2008404)

Dear Mr. Mitchell:

This letter provides you the final results of our significance determination of the preliminary Greater than Green finding identified in our previous communication dated September 18, 2008, which included the subject inspection report. This Greater than Green finding was discussed in detail in Section 3.3 of the subject inspection report.

At your request, a Regulatory Conference was held on October 23, 2008, to discuss your views on this issue. During the meeting your staff described your assessment of the significance of the finding and the corrective actions taken to resolve it, including the root cause evaluation of the finding. A summary of your perspective and our analysis is contained in Enclosure 2.

After considering the information developed during the inspection and the information you provided at the conference, the NRC has concluded that the finding is appropriately characterized as Greater than Green.

You have 30 calendar days from the date of this letter to appeal the staff's 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 NRC Inspection Manual Chapter 0609, Attachment 2.

Entergy Operations, Inc. - 2 - The NRC has also determined that the condition discussed is a violation of 10 CFR 73.21, as cited in the enclosed Notice of Violation (Notice). 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.

Plant performance for this issue has been determined to be beyond the licensee response band. We will use the NRC's Action Matrix to determine the most appropriate NRC response for this event. 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 made available electronically for public inspection in the NRC Public Document Room or from the NRC's document system (ADAMS), accessible from the NRC's Web site at http://www.nrc.gov/reading-rm/adams.html. However, because of the security-related information contained in the enclosures, and in accordance with 10 CFR 2.390, a copy of this letter's enclosures will not be available for public inspection.

Because this issue involves security-related information, your response will not be made available electronically for public inspection in the NRC Public Document Room or from the NRC's document system (ADAMS), accessible from the NRC's Web site at http://www.nrc.gov/reading-rm/adams.html. In accordance with 10 CFR 2.390(b)(1)(ii), the NRC is waiving the affidavit requirements for your response. 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 NRC's 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 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/ Elmo E. Collins Regional Administrator Docket: 50-313; 50-368 License: NPF-6; DPR-51

Enclosures:

1. Notice of Violation 2. NRC Evaluations and Conclusions Entergy Operations, Inc. - 3 - cc w/enclosure: David E. Maxwell, Director Arkansas Department of Emergency Management Bldg. 9501 Camp Joseph T. Robinson North Little Rock, AR 72199 cc w/o enclosure: Senior Vice President Entergy Operations, Inc. P.O. Box 31995 Jackson, MS 39286-1995 Senior Vice President

& Chief Operating Office Entergy Operations, Inc P.O. Box 3199 Jackson, MS 39286-1995 Vice President, Oversight Entergy Operations, Inc P.O. Box 3199 Jackson, MS 39286-1995 Manager, Licensing Entergy Operations, Inc Arkansas Nuclear On 1448 SR 33 Russellville, AR 72802 Associate General Counsel Entergy Nuclear Operation P.O. Box 3199 Jackson, MS 39286-1995 Senior Manager, Nuclear Safety & Licensing Entergy Operations, Inc P.O. Box 3199 Jackson, MS 39286-1995