IR 05000390/2023441

Plantfinal Significance Determination for a Security-Related Greater than Green Finding, Nov, and Assessment Follow-up, 05000390-2023441 and 05000391-2023441-Public

ML23352A395
Person / Time
Site:	Watts Bar
Issue date:	12/21/2023
From:	Laura Dudes Region 2 Administrator
To:	Jim Barstow Tennessee Valley Authority
References
EA-23-117 IR 2023441
Download: ML23352A395 (3)

Text

December 21, 2023

SUBJECT:

WATTS BAR NUCLEAR PLANT, UNITS 1&2 - FINAL SIGNIFICANCE DETERMINATION FOR A SECURITY-RELATED GREATER THAN GREEN FINDING, NOTICE OF VIOLATION, AND ASSESSMENT FOLLOWUP LETTER, 05000390/2023441 AND 05000391/2023441

Dear James Barstow:

This letter provides you the final results of our significance determination of the preliminary Greater than Green finding documented in the U.S. Nuclear Regulatory Commission (NRC)

inspection report (IR) 05000390/2023440 and 05000391/2023440 dated October 18, 2023 (Agencywide Documents Access and Management System (ADAMS), Accession Number ML23291A011 (public); ML23284A294 (non-public)). The circumstances of the Greater than Green finding were discussed in detail in the Inspection Results section of the October 18, 2023, inspection report.

In a telephone conversation on October 23, 2023, Tennessee Valley Authority (TVA) notified the NRC of its intention to provide a written response to the violation. The NRC received TVAs written response in a letter dated November 22, 2023 (ML23326A060 (non-public)). This letter acknowledged the finding and preliminary significance and provided additional information regarding the licensees completed root cause evaluation and corrective actions completed to date. After considering the information developed during the inspection and the additional information submitted by TVA, the NRC has concluded that the finding is appropriately characterized as Greater than Green. The specific color and risk description of the finding are detailed in Enclosure 1 (non-public) to this report.

You have 30 calendar days from the date of this letter to appeal the staffs determination of significance for the identified Greater than Green finding. Such appeals will be considered to have merit only if they meet the criteria in IMC 0609, Attachment 2. An appeal must be sent in writing to the U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, DC 20555-0001; with copies to the Regional Administrator, Region II; the Director, Office of Enforcement; and the NRC resident inspector at Watts Bar Nuclear Plant. The NRC has also determined that a violation occurred, as cited in the Notice of Violation (Notice) provided as Enclosure 2 (non-public). Enclosure 1 provides the basis for the NRCs conclusion (non-public). The circumstances surrounding the violation were described in detail in NRC IR 05000390/2023440 and 05000391/2023440. In accordance with the NRC Enforcement Policy, the Notice is considered escalated enforcement action because it is associated with a Greater than Green finding.

For administrative purposes, this letter is issued as a separate NRC IR No. 05000390/2023441 and 05000391/2023441. Accordingly, apparent violation 05000390/2023440-01 and 05000391/2023440-01 is updated consistent with the regulatory positions described in this letter, as NOV 05000390/2023440-01 and 05000391/2023440-01 in the Security Cornerstone with a security significance of Greater Than Green with cross-cutting aspect H.2 - Field Presence.

As a result of the finding cited in Enclosure 2, the NRC determined that the performance at Watts Bar Nuclear Plant, Units 1 & 2, to be in the Regulatory Response Column of the Reactor Oversight Process Action Matrix beginning the Third Quarter of 2023. Therefore, the NRC plans to perform an additional inspection. This inspection is conducted to provide assurance that the root and contributing causes for the performance issues are understood; to provide assurance that the extent-of-condition and extent-of-cause of the performance issues are understood; and to provide assurance that the corrective actions are sufficient to address the root and contributing causes and prevent recurrence. This inspection will be scheduled after you notify the NRC of your readiness. This letter supplements, but does not supersede, the annual assessment letter issued on March 1, 2023.

In accordance with 10 CFR 2.390, Public inspections, exemptions, requests for withholding, of the NRC's Agency Rules of Practice and Procedure, a copy of this letter will be available electronically for public inspection in the NRCs Public Document Room, or from the Publicly Available Records (PARS) component of ADAMS; accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html (the Public Electronic Reading Room). However, 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 enclosures will not be made available electronically for public inspection in the NRC Public Document Room or in 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 as Security-Related Information and follow the instructions for withholding in accordance with 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, Signed by Dudes, Laura on 12/21/23 Laura A. Dudes Regional Administrator Docket Nos. 05000390 and 05000391 License Nos. NPF-90 and NPF-96 Enclosure:

As stated cc w/o encl: Distribution via LISTSERV cc w/ encl: Distribution to OUO-SRI recipients per the NRR Roster of Licensees