IR 05000382/2009201

IR 05000382-09-201, on 03/22/2009, for Waterford, Unit 3, Security Baseline

ML092320439
Person / Time
Site:	Waterford
Issue date:	08/21/2009
From:	Westreich B C NRC/NSIR/DSO/DDSO
To:	Kowalewski J Entergy Operations
References
EA-09-139 IR-09-201
Download: ML092320439 (6)

Text

SAFEGUARDS INFORMATIO N August 21, 2009

EA-09-139

Mr. Joseph Kowalewski Vice President Entergy Operations, Inc.

17265 River Road Killona, LA 70057-0751

SUBJECT: PHYSICAL SECURITY BASELINE INSPECTION 05000382/2009201; PRELIMINARY GREATER THAN GREEN FINDING WATERFORD STEAM ELECTRIC GENERATING STATION.

Dear Mr. Kowalewski:

On March 22, 2009, the U.S. Nuclear Regulatory Commission (NRC) completed an on-site security baseline inspection at your Waterford Steam Electric Station, Unit 3. 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 final inspection results, which were telephonically presented to Mr. William R. Brian, Vice President, Operations Support, Entergy Operations, Inc., you, and members of your staff on July 9, 2009.

This inspection examined activities conducted under your license 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, records and files, observed activities, and

interviewed personnel.

The attached report documents a finding that was determined to be greater than very low security significance (i.e., greater than Green as determined by the Physical Protection Significance Determination Process). The finding is described in Section 3.26 of the enclosed inspection report. This finding was assessed based on the best available information, using the

Physical Protection Significance Determination Process (PPSDP).

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 inspectors left the area. Enclosure contains Safeguards Information. Upon Removal, this letter is decontrolled 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 significance determination process (SDP) encourages an open dialogue between the NRC staff and the licensee; however, the dialogue should not impact the timeliness of the staff's 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 one week prior to the conference in an effort to make the conference more efficient and effective. 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. 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 decline to request a Regulatory Conference or submit a written response, you relinquish your right to appeal the final significance 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. Please contact Robert C. Johnson at (301) 415-6640 within 10 business days from the issue date of this letter to notify the NRC of your intentions. If we have not heard from you within 10 business 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 characterization of the finding described in the enclosed inspection report may change as a result of further NRC review.

In accordance with 10 Code of Federal Regulations (CFR) 2.390 of the NRC's "Rules of Practice," a copy of this letter will be made available electronically for public inspection in the NRC Public Document Room or from the NRC's Agencywide Documents Access and Management System (ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. The material enclosed herewith contains Safeguards Information (SGI) as defined by 10 CFR Part 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 will not be made available electronically for public inspection in the NRC Public Document Room or from ADAMS, accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. Because this issue involves security-related information, your response, should you choose to respond in writing, 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 Web site at http://www.nrc.gov/reading-rm/adams.html. If SGI is necessary to provide an acceptable response, please provide the level of protection described in 10 CFR 73.21. Otherwise, mark your entire response "Proprietary 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/ Barry C. Westreich, Deputy Director Division of Security Operations Office of Nuclear Security and Incident Response Because this issue involves security-related information, your response, should you choose to respond in writing, 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 Web site at http://www.nrc.gov/reading-rm/adams.html. If SGI is necessary to provide an acceptable response, please provide the level of protection described in 10 CFR 73.21. Otherwise, mark your entire response "Proprietary 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/ Barry C. Westreich, Deputy Director Division of Security Operations Office of Nuclear Security and Incident Response

Docket No.: 50-382 License No.: NPF-38

Enclosure(s): Inspection Report No. 05000382/2009201 (SGI)

Distribution w/encl: SPEB R/F - M. Shannon, R-IV D. Overland, SRI, Waterford Distribution w/o encl: N. Kalyanam, PM - NRR T. Howard, PMDA

Accession No. ML OFFICE Originator:

DSO/NSIR SGI Custodian:

DSO/NSIR TL: DSO/NSIR BC:RIV BC:DSO/NSIR DD:DSO/NSIR NAME ALetourneau JCurry RFelts MShannon RJohnson BWestreich DATE 08/ /2009 08/ /2009 08/ /2009 08/ /2009 08/ /2009 08/21/2009 Official Record Copy cc w/encl:

Joseph Kowalewski, Vice President, Operations Scott Anders, Security Manager, Waterford Steam Electric Generating Station D. Brady, NSIR/DSO J. Curry, NSIR/DSO M. Shannon, RIV

cc w/o encl:

Senior Vice President Entergy Nuclear Operations Senior Vice President and Chief Operating Officer Entergy Operations, Inc.

Vice President, Operations Support Entergy Services, Inc. Senior Manager, Nuclear Safety and Licensing Entergy Services, Inc.

Site Vice President Waterford Steam Electric Station, Unit 3 Entergy Operations, Inc.

Director Nuclear Safety Assurance Entergy Operations, Inc.

General Manager, Plant Operations

Waterford 3 SES Entergy Operations, Inc.

Manager, Licensing Entergy Operations, Inc. Director, Nuclear Safety & Licensing Entergy Operations, Inc.

w/o encl via e-mail: Deputy Regional Administrator (Chuck.Casto@nrc.gov)

DRP Director (Dwight.Chamberlain@nrc.gov)

DRP Deputy Director (Anton.Vegel@nrc.gov)

DRS Director (Roy.Caniano@nrc.gov) DRS Deputy Director (Troy.Pruett@nrc.gov) Branch Chief, DRP/E (Jeff.Clark@nrc.gov)

Senior Project Engineer, DRP/E (George.Replogle@nrc.gov)

WAT Site Secretary (Linda.Dufrene@nrc.gov)

Public Affairs Officer (Victor.Dricks@nrc.gov)

Team Leader, DRP/TSS (Chuck.Paulk@nrc.gov) RITS Coordinator (Marisa.Herrera@nrc.gov) Regional Counsel (Karla.Fuller@nrc.gov)

Congressional Affairs Officer (Jenny.Weil@nrc.gov)

OEMail Resource DRS STA (Dale.Powers@nrc.gov) OEDO RIV Coordinator (Leigh.Trocine@nrc.gov) ROPreports