IR 05000346/2016403

TI2800/041, 10CFR37, Physical Protection of Cat. 1 and 2 Quantities of Radioactive Material at Facilities with a 10CFR37, Physical Protection Program IR 05000346/2016403 and Exercise of Enforcement Discretion.

ML16335A126
Person / Time
Site:	Davis Besse
Issue date:	11/29/2016
From:	O'Brien K Division of Reactor Safety III
To:	Boles B FirstEnergy Nuclear Operating Co
References
EA-16-243 IR 2016403
Download: ML16335A126 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION

REGION III

2443 WARRENVILLE RD. SUITE 210 LISLE, IL 60532-4352 November 29, 2016 EA-16-243 Mr. Brian Boles Site Vice President FirstEnergy Nuclear Operating Co.

Davis-Besse Nuclear Power Station 5501 N. State Rte. 2, Mail Stop A-DB-3080 Oak Harbor, OH 43449-9760 SUBJECT: DAVIS-BESSE NUCLEAR POWER STATION TEMPORARY INSTRUCTION 2800/041, 10 CFR PART 37, PHYSICAL PROTECTION OF CATEGORY 1 AND CATEGORY 2 QUANTITIES OF RADIOACTIVE MATERIAL AT FACILITIES WITH A 10 CFR PART 73, PHYSICAL PROTECTION PROGRAM; INSPECTION REPORT AND EXERCISE OF ENFORCEMENT DISCRETION 05000346/2016403

Dear Mr. Boles:

On October 18, 2016, the U.S. Nuclear Regulatory Commission (NRC) completed an inspection at your Davis-Besse Nuclear Power Station using Temporary Instruction 2800/041, Title 10 of the Code of Federal Regulations (10 CFR) Part 37, Physical Protection of Category 1 and Category 2, Quantities of Radioactive Material at Facilities with a 10 CFR Part 73, Physical Protection Program. The enclosed inspection report documents the results of the inspection, which were discussed on October 18, 2016, with you and other members of your staff.

One licensee-identified violation, which was determined to be of very low significance (Severity Level IV), is documented in this report. This violation met the criteria specified in NRC Enforcement Guidance Memorandum 14-001, Interim Guidance for Dispositioning 10 CFR Part 37, Violations with Respect to Large Components or Robust Structures Containing Category 1 or Category 2 Quantities of Material at Power Reactor Facilities Licensed under 10 CFR Parts 50 and 52. Therefore, I have been authorized, after consultation with the Director, Office of Enforcement, and the Regional Administrator, to exercise enforcement discretion for this violation and the NRC is not taking enforcement action for the noncompliance.

This letter will be made available for public inspection and copying at http://www.nrc.gov/reading-rm/adams.html and at the NRC Public Document Room in accordance with 10 CFR 2.390, Public Inspections, Exemptions, Requests for Withholding.

Enclosure contains Sensitive Unclassified Non-Safeguards Information.

When separated from enclosure, this transmittal document is decontrolled. However, the enclosed report contains Security-Related Information, so the enclosed report will not be made publically available in accordance with 10 CFR 2.390(d)(1). If you choose to provide a response that contains Security-Related Information, please mark your entire response Security-Related Information-Withhold from public disclosure under 10 CFR 2.390 in accordance with 10 CFR 2.390(d)(1) and follow the instructions for withholding in 10 CFR 2.390(b)(1). The NRC is waiving the affidavit requirements for your response in accordance with 10 CFR 2.390(b)(1)(ii).

Sincerely,

/RA/

Kenneth G. OBrien, Director Division of Reactor Safety Docket No. 50-346 License No. NPF-3 Nonpublic Enclosure:

Inspection Report 05000346/2016403 cc: M. Bear, State Liaison Officer Ohio Emergency Management Agency cc w/o encl: Distribution via LISTSERV