IR 05000348/2018411

NRC Inspection Report 05000348/2018411 and 05000364/2018411 and Apparent Violation, U.S. Nuclear Regulatory Commission, Office of Investigations Report 02-2017-022

ML18208A305
Person / Time
Site:	Farley
Issue date:	07/27/2018
From:	Gody A Division of Reactor Safety II
To:	Mcgavin S Southern Nuclear Operating Co
References
02-2017-022, EA-18-032 IR 2018411
Download: ML18208A305 (5)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION uly 27, 2018

SUBJECT:

U.S. NUCLEAR REGULATORY COMMISSION, OFFICE OF INVESTIGATIONS REPORT 02-2017-022; JOSEPH M. FARLEY NUCLEAR PLANT - NRC INSPECTION REPORT 05000348/2018411 AND 05000364/2018411 AND APPARENT VIOLATION

Dear Mr. McGavin:

This refers to an investigation completed on March 29, 2018, by the Nuclear Regulatory Commissions (NRC) Office of Investigations (OI) concerning activities at Southern Nuclear Companys Joseph M. Farley Nuclear Plant (FNP). The purpose of the investigation was to review a security incident that was identified on August 25, 2016.

Based on the results of this investigation, an apparent violation (AV) was identified as documented in Enclosure 1, and is being considered for escalated enforcement action in accordance with the NRCs Enforcement Policy. The current Enforcement Policy is included on the NRCs Web site at http://www.nrc.gov/about-nrc/regulatory/enforcement/enforce-pol.html.

Enclosure 2 contains a Factual Summary of the OI investigation.

Before the NRC makes its enforcement decision, we are providing you an opportunity to:

(1) respond in writing to the apparent violation addressed in this inspection report within 30 days of the date of this letter, (2) request a Pre-decisional Enforcement Conference (PEC),

or (3) request Alternative Dispute Resolution (ADR). If a PEC is held, the NRC will issue a press release to announce the time and date of the conference, and the conference will be closed to public observation. If you decide to participate in a PEC or pursue ADR, please contact Binoy Desai at 404-997-4519 within 10 days of the date of this letter. A PEC should be held within 30 days and an ADR session within 45 days of the date of this letter. LIMITED INTERNAL DISTRIBUTION PERMI If you choose to provide a written response, it should be clearly marked as a Response to Apparent Violation in NRC Inspection Report 05000348, 364/2018411 and should include for each AV: (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; 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. Additionally, your response should be sent to the NRCs Document Control Center, with a copy mailed to Anthony T. Gody, Director of Reactor Safety, Region II, 245 Peachtree Center Avenue NE, Atlanta, GA 30303, within 30 days of the date of this letter. If an adequate response is not received within the time specified or an extension of time has not been granted by the NRC, the NRC will proceed with its enforcement decision or schedule a PEC.

If you choose to request a PEC, the conference will afford you the opportunity to provide your perspective on these matters and any other information that you believe the NRC should take into consideration before making an enforcement decision. The decision to hold a PEC does not mean that the NRC has determined that a violation has occurred or that enforcement action will be taken. This conference would be conducted to obtain information to assist the NRC in making an enforcement decision. The topics discussed during the conference may include information to determine whether a violation occurred, information to determine the significance of a violation, information related to the identification of a violation, and information related to any corrective actions taken or planned. In presenting your corrective actions, you should be aware that the promptness and comprehensiveness of your actions will be considered in assessing any civil penalty for the AV. The guidance in NRC Information Notice (IN) 96-28,

"Suggested Guidance Relating to Development and Implementation of Corrective Action" ML003726705, may be helpful.

In lieu of a PEC, you may also request ADR with the NRC in an attempt to resolve this issue.

ADR is a general term encompassing various techniques for resolving conflicts using a third party neutral. The technique that the NRC has decided to employ is mediation. Mediation is a voluntary, informal process in which a trained neutral (the mediator) works with parties to help them reach resolution. If the parties agree to use ADR, they select a mutually agreeable neutral mediator who has no stake in the outcome and no power to make decisions. Mediation gives parties an opportunity to discuss issues, clear up misunderstandings, be creative, find areas of agreement, and reach a final resolution of the issues. Additional information concerning the NRC's program can be obtained at http://www.nrc.gov/about-nrc/regulatory/enforcement/adr.html. The Institute on Conflict Resolution (ICR) at Cornell University has agreed to facilitate the NRC's program as a neutral third party. Please contact ICR at 877-733-9415 within 10 days of the date of this letter if you are interested in pursuing resolution of this issue through ADR.

In addition, please be advised that the number and characterization of AV described in the enclosed inspection report may change as a result of further NRC review. You will be advised by separate correspondence of the results of our deliberations on this matter.

In accordance with 10 CFR 2.390 of the NRC's "Rules of Practice and Procedure," a copy of this letter, and your response, if you choose to provide one, will be made available electronically for public inspection in the NRC Public Document Room or from the NRCs Agencywide Documents Access and Management System (ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. 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.

The material enclosed herewith contains Security-Related Information in accordance with 10 CFR 2.390(d)(1) and its disclosure to unauthorized individuals could present a security vulnerability. Therefore, the material in the enclosure will not be made available electronically for public inspection in the NRC Public Document Room or from the NRCs Agencywide Documents Access and Management System (ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. Should you have any questions concerning this letter, please contact Mr. Binoy Desai at 404-997-4519.

Sincerely,

/RA: Omar Lopez-Santiago for//

Anthony T. Gody, Director Division of Reactor Safety Docket Nos. 50-348 and 50-364 License Nos. NPF-2 and NPF-8 Enclosures:

1. Apparent Violation 2. Factual Summary cc: (See page 4) cc:

Steven M. Shipman Fleet Security Project Manager Southern Nuclear Operating Co., Inc.

40 Inverness Center Parkway (Bin B042)

Birmingham, AL 35242 Michael P. Long Fleet Nuclear Security Operations Manager Southern Nuclear Operating Co, Inc.

40 Inverness Center Parkway (Bin B042)

Birmingham, AL 35242 Lisa B. Hogg Fleet Security Project Manager Southern Nuclear Operating Co., Inc.

40 Inverness Center Parkway (Bin B042)

Birmingham, AL 35242 Cyneetha Evans Site Security Manager Southern Nuclear Operating Co., Inc.

Joseph M. Farley Nuclear Plant 7388 North State Highway 95 Columbia, AL 36319 ML18208A305 SUNSI REVIEW COMPLETE FORM 665 ATTACHED OFFICE RII:DRS/PSB RII:DRS/PSB RII:DRP RII:ORA/RC RII:EICS RII:DRS SIGNATURE RLP5 BBD AJB3 SAP1 MXK7 ORL for ATG NAME R. Patterson B. Desai A. Blamey S. Price M. Kowal A. Gody DATE 07/ 10 /2018 07/ 10 /2018 07/ 10 /2018 07/ 16/2018 07/ 12 /2018 07/ 27 /2018 E-MAIL COPY? YES NO YES NO YES NO YES NO YES NO YES NO