IR 05000348/2011202
| ML11306A009 | |
| Person / Time | |
|---|---|
| Site: | Farley  |
| Issue date: | 01/10/2012 |
| From: | Patricia Holahan Division of Security Operations |
| To: | Lynch T Southern Nuclear Operating Co |
| References | |
| EA-11-225 IR-11-202 | |
| Download: ML11306A009 (5) | |
Text
January 10, 2012
SUBJECT:
JOSEPH M. FARLEY NUCLEAR PLANT, UNITS 1 AND 2 - NRC INSPECTION REPORT 05000348/2011202 AND 05000364/2011202; PRELIMINARY GREATER THAN GREEN FINDING
Dear Mr. Lynch:
On September 16, 2011, the U.S. Nuclear Regulatory Commission (NRC) completed an inspection at your Joseph M. Farley Nuclear Plant, Units 1 and 2. The inspection covered one or more of the key attributes of the security cornerstone of the NRCs Reactor Oversight Process. The enclosed inspection report documents the inspection results which were discussed on October 5, 2011, with you and other members of your staff.
The inspection examined activities conducted under your license as they relate to safety and compliance with the Commissions rules and regulations and with the conditions of your license.
The inspector reviewed selected procedures and records, observed activities, and interviewed personnel.
The attached report documents one or more findings that has preliminarily been determined to be Greater than Green (i.e., a finding of greater than very low security significance) that may result in the need for further evaluation to determine significance and, therefore, the need for additional NRC action. Each finding was assessed based on the best available information, using the Physical Protection Significance Determination Process (SDP). 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 inspectors left the area.
In accordance with NRC Inspection Manual Chapter (IMC) 0609, we intend to complete our evaluation using the best available information and issue our final determination of safety significance within 90 days of the date of this letter. The SDP encourages an open dialogue between the NRC staff and the licensee, however, the dialogue should not impact the timeliness of the staffs final determination.
Before we make our final significance determination, we are providing you with an opportunity (1) to attend a Regulatory Conference where you can present to the NRC your perspective on the facts and assumptions the NRC used to arrive at the finding and assess its significance, or (2) submit your position on the finding to the NRC in writing. 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 1 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 submittal should be sent to the NRC within 30 days of your receipt of this letter. 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 sections of Attachment 2 of IMC 0609.
Additionally, an apparent violation (AV) is being evaluated using the NRCs traditional enforcement process because it impacted NRCs ability to perform its regulatory function and is being considered for escalated enforcement action in accordance with the NRC Enforcement Policy. The current Enforcement Policy can be found on the NRCs website at http://www.nrc.gov/about-nrc/regulatory/enforcement/enforce-pol.html. Additional details for this finding are provided in the enclosed inspection report.
Before NRC makes its enforcement decision for this AV, we are providing you an opportunity to either (1) respond to the apparent violation within 30 days of the date of this letter or (2) request a Predecisional Enforcement Conference (PEC). If a PEC is held, it will be closed to public observation, because it involves security sensitive information. If you choose to provide a written response, it should be clearly marked as Response to Apparent Violation, EA-11-225, and should include: (1) the reason for the apparent violation, or, if contested, the basis for disputing the apparent violation; (2) the corrective steps that have been taken and the results achieved; (3) the corrective steps that will be taken to avoid further violations; and (4) the date when full compliance will be achieved. Your response may reference or include previously docketed correspondence, if the correspondence adequately addresses the required response.
If an adequate response is not received within the time specified or an extension of time has not been granted, NRC will proceed with its enforcement decision. Because this issue involves security-related information, your response will not be made available for public inspection in the NRC Public Document Room or from the NRCs document system (Agencywide Documents Access and Management System (ADAMS)).
In recognition of the relationship of the finding and the AV, and to minimize administrative and resource burden, we encourage you to consider requesting a joint Regulatory Conference/PEC to discuss the above matters, or as an alternative, you may include your response to these issues and corrective actions in a single written response. Please contact Mr. Clay Johnson at (301) 415-6640, and in writing, within 10 days from the issue date of this letter to notify the NRC of your intentions. If we have not heard from you within 10 days, we will continue with our significance determination and enforcement decision.
The final resolution of this matter will be conveyed in a separate correspondence.
Because 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 characterization of the apparent violations described in the enclosed inspection report may change as a result of further NRC review.
Two NRC identified findings of very low security significance (i.e., Green as determined by the Physical Protection SDP) were identified during this inspection. 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 inspectors left the area.
Two of these findings were determined to involve violations of NRC requirements.
If you contest any non-cited violation in the enclosed report, 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 Director, Office of Nuclear Security and Incident Response; the Branch Chief, Security Performance Evaluation Branch, Office of Nuclear Security and Incident Response; and the Director, Office of Enforcement, United States Nuclear Regulatory Commission, Washington, DC 20555-0001.
Two cross-cutting aspects were assigned to findings in the area of Problem Identification and Resolution, Human Performance, and/or Safety Conscious Work Environment: (1) human performance (work control) because the licensee did not plan and coordinate work activities consistent with nuclear security H.3(a); and (2) human performance (resources), because the licensee did not maintain complete, accurate, and up-to-date target sets H.2(c). If you disagree with a cross-cutting aspect assignment 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 Director, Office of Nuclear Security and Incident Response; and to the Branch Chief, Security Performance Evaluation Branch.
In accordance with Title 10 of the Code of Federal Regulations (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 component of NRC's ADAMS.
The material enclosed herewith contains Safeguards Information as defined by 10 CFR 73.21 and its disclosure to unauthorized individuals is prohibited by Section 147 of the Atomic Energy Act of 1954, as amended. Therefore, the material in the enclosure 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 website 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 73.21.
Otherwise, if Security-Related Information is necessary to provide an acceptable response, please mark your entire response Security-Related Information in accordance with 10 CFR 2.390(d)(1) and follow the instructions for withholding in 10 CFR 2.390(b)(1). In accordance with 10 CFR 2.390(b)(1)(ii), the NRC is waiving the affidavit requirements for your response.
Sincerely,
/RA/
Patricia K. Holahan, Director Division of Security Operations Office of Nuclear Security and Incident Response
Docket Nos.: 50-348, 50-364 License Nos.: NPF-2, NPF-8
Nonpublic Enclosure: Inspection Report 05000348/2011202 and 05000364/2011202
w/ Attachment: Supplemental Information
cc w/ encl: S. McGavin, Joseph M. Farley Nuclear Plant
cc w/o encl: J. Gasser, Southern Nuclear Operating Co. In