IR 05000387/2009201

IR 05000387-09-201, and IR 05000388-09-201, on 02/10/2009, for Susquehanna, Units 1 & 2, Physical Security Baseline Force on Force Inspection and Preliminary Greater than Green Finding

ML091470262
Person / Time
Site:	Susquehanna
Issue date:	05/27/2009
From:	Westreich B Division of Security Operations
To:	Spence W PPL Corp
References
IR-09-201
Download: ML091470262 (5)

Text

SUBJECT:

SUSQUEHANNA STEAM ELECTRIC STATION - NRC PHYSICAL SECURITY BASELINE FORCE ON FORCE INSPECTION 05000387/2009201 AND 05000388/2009201; PRELIMINARY GREATER THAN GREEN FINDING

Dear Mr. Spence:

On February 10, 2009, the U.S. Nuclear Regulatory Commission (NRC) completed a security baseline inspection at the Susquehanna Steam Electric 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 March 04, 2009, with you and other members of your staff.

The 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 and records, observed activities, and interviewed personnel.

Based on the results of this inspection, two findings were identified, one of which is of very low security significance (i.e., Green as determined by the Physical Protection Significance Determination Process (PPDSP). The other finding is preliminarily determined to be of greater than very low security significance (i.e., Greater than Green as determined by the PPSDP).

This finding has an associated cross-cutting area in Problem Identification and Resolution, within the area of Corrective Action Program under P1.c, Evaluates Problems because the licensee failed to conduct an adequate review of the extent of condition affecting systems effectiveness to ensure regulatory compliance is met. Both deficiencies were identified by the NRC. 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 the inspectors left the site.

Regarding the very low security significance violation (Green), because of the very low safety significance and because it was entered into your corrective action program, the NRC is treating this violation as a non-cited violation consistent with Section VI.A.1 of the NRC Enforcement Policy. If you contest this non-cited violation, you should provide a response Enclosure contains Safeguards Information.

Upon removal, this letter is decontrolled within 30 days of the date of this inspection report, with the basis for your denial, to the U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, DC 20555-0001; with copies to the Regional Administrator Region I; Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; and the Resident Inspector at the Susquehanna Steam Electric Station.

Regarding the potentially greater than green finding, this finding is also an apparent violation (AV) of the NRC requirements and is being considered for escalated enforcement action in accordance with the Enforcement Policy, which can be found on the NRCs Web Site at:

http://www.nrc.gov/reading-rm/adams.html. Before we make a final significance decision regarding the preliminary Greater than Green finding, we are providing you 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 be closed to public observation because it involves security sensitive information. If you decide to submit only a written response, such submittal should be sent to the NRC within 30 days of the receipt of this letter. If you decline a Regulatory Conference and choose not to submit a written response, the NRC will proceed with its final determination.

Please contact Mr. James Trapp at (610) 337-5186 within 10 business days of the date of your receipt 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 decision.

You will be advised by separate correspondence of the results of our deliberations on this matter. No response regarding the AV is required at this time. Since the NRC has not made a final determination in this matter, no Notice of Violation is being issued for the inspection finding at this time. In addition, please be advised that the number of AVs and/or the characterization of the AV described in the enclosed inspection report may change as a result of further NRC review.

In accordance with Title 10 of the Code of Federal Regulations (10 CFR) Section 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 Agency-wide Documents Access and Management System (ADAMS), accessible from the NRC Website 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 Reading Room or from the NRCs document system, ADAMS. If Safeguards Information is necessary to provide and 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/

Barry C. Westreich Deputy Director for Security Oversight Division of Security Operations Office of Nuclear Security and Incident Response Docket No.: 50-387 and 50-388 License No.: NPF-14, NPF-22 Enclosure: NRC Inspection Report No. 05000387/2009201, 05000388/2009201 (SGI)