IR 05000333/2010402

IR 05000333-10-402; 07/19/2010 - 07/23/2010; James A. FitzPatrick Nuclear Power Plant; Access Control, Equipment Performance, Testing, and Maintenance, and Protection of Safeguards Information. (Letter Only)

ML102430188
Person / Time
Site:	FitzPatrick
Issue date:	08/31/2010
From:	James Trapp Plant Support Branch 1
To:	Peter Dietrich Entergy Nuclear Northeast
References
IR-10-402
Download: ML102430188 (5)

Text

August31,2010

SUBJECT:

JAMES A. FITZPATRICK NUCLEAR POWER PLANT - NRC SECURITY INSPECTION REPORT 05000333/2010402 (U)

Dear Mr. Dietrich:

On July 23, 2010, the U.S. Nuclear Regulatory Commission (NRC) completed a security baseline inspection at your James A. FitzPatrick Nuclear Power Plant. The inspection covered one or more of the key attributes of the security cornerstone of the NRC's Reactor Oversight Process. The enclosed inspection report documents the inspection results, which were discussed on July 23, 2010, with Mr. Brian Sullivan, Plant Manager and other members of your staff.

The inspection examined activities conducted under your licenses as they relate to security and complicJlnce with the Commission's rules and regulations and with the conditions of your licenses. The inspectors reviewed selected procedures and records, observed activities, and interviewed personnel.

This report documents three findings of very low security significance (i.e., Green as determined by the Baseline Security Significance Determination Process). Two of these findings were determined to involve a violation of NRC requirements. The deficiencies were promptly corrected or compensated for, and the plant was in compliance with applicable physical protection and security requirements within the scope of this inspection before the inspectors left the site. The findings had cross-cutting aspects in the area of human performance because conservative assumptions in decision making were not demonstrated H.1(b), incomplete procedures were provided H.2(c), and human error prevention techniques were not utilized

[H.4 (a}l).

Warning: Violation of section 147 ofthe Atomic Energy Act, "Safeguards Information" is subject to DETERMINATION MADE BY:

NAMEmTLE: _James M. Trapp, Chief,_ __

I Civil and criminal penalties. ORGANIZATION; R1/DRS/PSB1 BASIS: DG*SG*1 (300) Physical Protection Program SIGNATURE: _/RAJ DATE: 8131110 SAFEGUARDS INFORMJ'.TJON

SAFEGUARDSINFORMA~ON However, because of the very low security significance and because they are entered into your corrective action program, the NRC is treating these violations as a nonwcited violation (NCV)

consistEmt with Section VI.A.1 of the NRC Enforcement Policy.

If you contest these non-cited violations, you should provide a response within 30 days of the date of this inspection report, with the basis for your denial, to the Nuclear Regulatory Commission, ATTN.: Document Control Desk, Washington DC 20555-0001; with copies to the Regional Administrator Region I; the Director, Office of Enforcement, United States Nuclear Regulatory Commission, Washington, DC 20555-0001; and the NRC Resident Inspector at the FitzPatrick Nuclear Power Plant. In addition, if you disagree with the cross-cutting aspect assigned to any finding in this report, you should provide a response within 30 days of the date of this inspection report, with the basis for your disagreement, to the Regional Administrator, Region I, and the NRC Resident Inspector at FitzPatrick Nuclear Power Station.

In accordance with 10 CFR 2.390 of the NRC's "Rules of Practice," a copy of this letter will be available electronically for public inspection in the NRC Public Document Room or from the Publicly Available Records (PARS) component of NRC's document system, ADAMS. ADAMS is accessible from the NRC Website at http://www.nrc.gov/reading-rm/adams.html(the Public Electronic Reading Room). However, because of the security-related concerns contained in the enclosure, and in accordance with 10 CFR 2.390, a copy of this letter's enclosure will not be available for public inspection.

In accordance with 10 CFR 2.390(b)(1)(ii), the NRC is waiving the affidavit requirements for your response, if any. 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 respoml.e, please provide the level of protection described in 10 CFR 73.22. 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, IRA!

James M. Trapp, Chief Plant Support Branch 1 Division of Reactor Safety Docket No. 50-333 License No. DPR-59 Non-pUblic Enclosure:NRC Inspection Report No. 05000333/2010402 w/Attachment: Supplemental Information (CONTAINS (SGI>>

SAFEGUARDS INFORMA~ON However, because of the very low security significance and because they are entered into your corrective action program, the NRC is treating these violations as a non-cited violation (NCV)

consistent with Section VI.A.1 of the NRC Enforcement Policy.

If you contest these non-cited violations, you should provide a response within 30 days of the date of this inspection report, with the basis for your denial, to the Nuclear Regulatory Commission, ATIN.: Document Control Desk, Washington DC 20555-0001; with copies to the Regional Administrator Region I; the Director, Office of Enforcement, United States Nuclear Regulatory Commission, Washington, DC 20555-0001; and the NRC Resident Inspector at the FitzPatrick Nuclear Power Plant. In addition, if you disagree with the cross-cutting aspect assigned to any finding in this report, you should provide a response within 30 days of the date of this inspection report, with the basis for your disagreement, to the Regional Administrator, Region I, and the NRC Resident Inspector at FitzPatrick Nuclear Power Station.

In accordance with 10 CFR 2.390 of the NRC's "Rules of Practice," a copy of this letter will be available electronically for public inspection in the NRC Public Document Room or from the Publicly Available Records (PARS) component of NRC's document system, ADAMS. ADAMS is accessible from the NRC Website at http://www.nrc.gov/reading-rm/adams.html(the Public Electronic Reading Room). However, because of the security-related concerns contained in the enclosure, and in accordance with 10 CFR 2.390, a copy of this letter's enclosure will not be available for public inspection.

In accordance with 10 CFR 2.390(b)(1)(ii), the NRC is waiving the affidavit requirements for your response, if any. 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 73.22. 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, IRA!

James M. Trapp, Chief Plant Support Branch 1 Division of Reactor Safety Docket No. 50-333 License No. DPR-59 Non-puhlic Enclosure:NRC Inspection Report No. 05000333/2010402 w/Attachment: Supplemental Information (CONTAINS (SGI>>

SUNSI Review Complete: JMT (Reviewer's Initials)

Non-Public DeSignation Category: MD 3.4 Non-Public A.3

. ADAMS ACCeSSION NO. ML102430188 DOCUMENT NAME A:\SGI 2010 Fitz BI Rev 7 2010402.doc After declaring this document "An Official Agency Record" it will be released to the Public (Letter Only).

To receive a copy of this document, indicate in the box: "e" = Copy without attachment/enclosure "e" = Copy with attachment/enclosure "N" = No copy OFFICE RI/DRS r RIIDRS I RIIDRS I RlIDRP I RIIDRS I NAME GSmith/JMT for DJohnsonlDCJ DCaron/DCC MGray/BB for JTrapp/JMT DATE 08/31/10 08/31/10 08/31110 08/30/10 08131110 OFFICIAL RECORD COpy SAfliGUARDS INfORMATION cc w/encl; w/OUO-SRI J. LaPlante, Site Security Manager. FitzPatrick Station R. Frazier, Assistant Director, New York State Department of Homeland Security F. Murray. President & CEO New York State Energy Research and Development Authority cc w/o erlcl; w/o OUO-SRI: Distribution via ListServ S...."fIiGUARDS INfORMATION

SAFEGUARDS INFORM.o.TION Distribution w/o encl; w/o OUO-SRI: (via e-mail)

M. Dapas, DRA (R10RAMaii Resource)

D. Lew, DRP (R10RAMaii Resource)

J. Clifford, DRP (R1DRPMaii Resource)

D. Collins, DRP (R1DRPMaii Resource)

D. Roberts, DRS (R1DRSMail Resource)

P. Wilson. DRS (R1DRSMail Resource)

L. Troeline, RI OEDO M. Gray, DRP B. Bick.~tt, DRP S. McCarver, DRP E. Knutson. DRP. SRI S. Rutenkroger. DRP, RI K. Kolek, Resident OA D. Bearde, DRS RidsNrrPMFitzPatrick Resource RidsNrrDorlLpl1-1 Resource ROPreports Resource@nrc.gov Distribution w/encl w/OUO:

D. Caron, DRS J. Trapp, DRS R. Albert, NSIR S. Coker, NSIR