IR 05000317/2011405

Download: ML112430514

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oFFIEIAt USE ONtY SEGURITY RETATED INFORMATION

SUBJECT: FINAL SIcNFICANCE DETERMINATION FOR SECURITY-RELATEDGREATER THAN GREEN FINDING INRC Inspection Report No.0500031 7 1201 1 4Q5 & 0500031 81201 1 4051

Dear Mr. Gellrich:

The purpose of this letter is to provide you with the final significance determination for a findingpreliminarily determined to be of at least low to moderate security significance (Greater thanGreen). The finding was identified during an NRC inspection and presented at an exit meetingheld on July 1 3, 2011. The subject inspection report, issued July 26, 2011, described theinspection results in detail. Constellation Energy Nuclear Group, LLC has taken immediatecorrective actions to address any security-related vulnerability. The nature of security-relatedfindings, and the corrective actions taken to address the issues, are considered sensitiveinformation and are not included in this letter, but are described in the non-public enclosure.Our July 26,2011 letter also offered you the opportunity to attend a Regulatory Conference orreply in writing to provide your position on the facts and assumptions the NRC used to arrive atthe finding and its security significance. On August 3, 2011, your Licensing Manager,Mr. Douglas Lauver, spoke with Mr, James Trapp of my staff, to inform him that a RegulatoryConference or written response would not be needed.Therefore, after considering the information developed during the inspection, the NRC hasconcluded that the inspection finding is of greater than very low security significance, isappropriately characterized as Greater than Green, and will require additional NRC inspections.Enclosure contains Sensitive UnclassifiedNon-Safeguards Information. Whenseparated from its Enclosure, thisdocument is DECONTROLLED.OFFIENT USE ONtY SECURITY RETATED INFORMATION Because plant performance has been determined to be beyond the licensee response column,we will use the NRC's Security Action Matrix to determine the most appropriate NRC responsefor this event. We will notify you, by separate correspondence, of that determination.ln addition, the NRC is still considering whether any apparent violation(s) are associated withthe finding, in accordance with the NRC Enforcement Policy. Upon reaching a determination inthis matter, enforcement-related information will be communicated by separate correspondenceat a later date, The finding is being issued at this time in support of the NRC assessmentprocess.ln accordance with 10 CFR 2.390 of the NRC's "Rules of Practice," a copy of this letter will bemade available electronically for public inspection in the NRC Public Document Room and fromthe NRC's document system (ADAMS), accessible from the NRC Web site athttp://rvww.nrc.gov/reading-rm/adams.html. However, because of the security-relatedinformation coniained in the enclosure, and in accordance with 10 CFR 2.390, a copy of thisletter's enclosure will not be available for public inspection. In addition, the NRC is waiving theaffidavit requirements for your response, if any. This practice will ensure that your response, ifyou choose to provide one, will not be made available electronically for public inspection in theNRC Public Document Room or from ADAMS. lf Safeguards Information is necessary toprovide an acceptable response, please provide the level of protection described in 10 CFR73.21. Otherwise, mark your entire response, "security-Related Information - Withhold Under10 CFR 2.390,' and follow the instructions for withholding in 10 CFR'2.390(bX1).Regional AdministratorDocket No. 50-317, 50-318License No. DPR-53, DPR-69

Enclosure:

Non-Public Enclosure - Final Significance Determination and Corrective Actioncc w/encl; w/OUO-SRl:D. Bartnik, Director, Nuclear SecurityT. Levering, Emergency Response Director, State of MarylandA. Lauland, Director, Department of Homeland Security, State of Marylandcc Wo encl: w/o OUO-SRI: Distribution via ListServWilliam M. Dean OFFIENT USE ONtY SECURITY RETATED INFORMATTEN