IR 05000346/2012403

IR 05000346-12-403(DRS); 08/06/2012 - 08/10/2012; Davis-Besse Nuclear Power Station; Routine Security Baseline Inspection - Cover Letter Only

ML12254A404
Person / Time
Site:	Davis Besse
Issue date:	09/07/2012
From:	Reynolds S A Division of Reactor Safety III
To:	Allen B FirstEnergy Nuclear Operating Co
References
EA-12-179 IR-12-403
Preceding documents:	ML13014A387 (11 January 2013)
Download: ML12254A404 (5)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION REGION III 2443 WARRENVILLE ROAD, SUITE 210 LISLE, IL 60532-4352 September 7, 2012

EA-12-179

Mr. Barry Allen Site Vice President

FirstEnergy Nuclear Operating Company

Davis-Besse Nuclear Power Station 5501 North State Route 2, Mail Stop A-DB-3080

Oak Harbor, OH 43449-9760 SUBJECT: DAVIS-BESSE NUCLEAR POWER STATION NRC SECURITY BASELINE INSPECTION REPORT 05000346/2012403(DRS)

PRELIMINARY GREATER THAN GREEN FINDING

Dear Mr. Allen:

On August 10, 2012, the U.S. Nuclear Regulatory Commission (NRC) completed a security baseline inspection at your Davis-Besse Nuclear Power Station. 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 August 10, 2012, with you and other members of your staff.

The inspection examined activities conducted under your licenses as they relate to security and compliance with the Commission's rules and regulations and with the conditions of your license.

The inspectors reviewed selected procedures and records, observed activities, and interviewed personnel.

This report documents a finding that has the potential for significance of greater than very low security significance (i.e., greater than Green) as determined by the Physical Protection Significance Determination Process. The final resolution of this finding will convey the increment in the importance to safety by assigning the corresponding color. The deficiencies were 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 inspector left

the site. Enclosure contains Sensitive Unclassified Non-Safeguards Information. When separated from enclosure, this transmittal document is decontrolled. The finding is also an apparent violation (AV) of NRC requirements and is being considered for escalated enforcement action in accordance with the NRC Enforcement Policy. The current Enforcement Policy can be found at the NRC's Web site at http://www.nrc.gov/reading-rm/doc-collections/enforcement.

A cross-cutting aspect was identified in the area of Human Performance (H.1(b)) because your staff failed to conduct an effectiveness review of sa fety significant decisions to verify the validity of the underlying assumptions, and identify possible unintended consequences.

In accordance with Inspection Manual Chapter (IMC) 0609, Significance Determination Process (SDP), we intend to complete our evaluation using the best available information and issue our final determination within 90 days of the date of this letter.

The SDP encourages an open dialogue between t he NRC staff and the licensee; however, the dialogue should not impact the timeliness of the staff's final determination. Before the NRC makes its enforcement decision, we are providing you an opportunity to either: (1) present to the NRC your perspectives on the facts and assumptions used by the NRC to arrive at the finding and its significance at a Regulatory Conference, or (2) submit your position on the finding to the NRC in writing. If you decline to request a Regulatory Conference or submit a written response, you relinquish your right to appeal the final SDP determination, in that by not doing either; you fail to meet the appeal requirements stated in the Prerequisite and Limitation Section of Attachment 2 of IMC 0609.

If you request a Regulatory Conference, it should be held within 30 days of the receipt of this letter and we encourage you to submit supporting documentation at least one week prior to the conference in an effort to make the conference more efficient and effective. In the interest of

protecting sensitive, security-related information, if a Regulatory Conference is held, it will not be open for public observation. If you decide to submit only a written response, such submittals should be sent to the NRC within 30 days of the receipt of this letter. Because this issue involves security-related information, if you choose to respond, your response will not be made available electronically for public inspection in the NRC Public Document Room or the NRC's document system (ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. 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).

Please contact Mel Holmberg, Chief, Plant Support Branch, at (630) 829-9757, and in writing

within 10 days of the date of this letter to notif y the NRC of your intended response. If we have not heard from you within 10 days, we will continue with our significance determination and enforcement decision and you will be advised by separate correspondence of the results of our deliberations on this matter.

Since the NRC has not made a final determination in this matter, no Notice of Violation is being issued for these inspection findings at this time. In addition, please be advised that the number and characterizations of the AVs described in the enclosed inspection report may change as a result of further NRC review. In addition, if you disagree with the cross-cutting aspect assigned to the 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 III, and the NRC Resident Inspector at the Davis-Besse 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 System (PARS) component of NRC's 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). 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 73.21. 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).

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

Sincerely,

/RA/

Steven A. Reynolds

Division Director

Division of Reactor Safety

Docket No. 50-346 License No. NPF-3

Nonpublic Enclosure: Inspection Report 05000346/2012403(DRS)

w/Attachment: Supplemental Information cc w/encl: S. Coker, NSIR/DSO/DDSO/ST R. Albert, NSIR

T. Dimitriadis, RI

B. Desai, RII M. Hay, RIV M. Bear, State Liaison Officer, Ohio Emergency Management Agency