IR 05000334/2012405
| ML12278A346 | |
| Person / Time | |
|---|---|
| Site: | Beaver Valley |
| Issue date: | 10/04/2012 |
| From: | Bill Dean Region 1 Administrator |
| To: | Harden P FirstEnergy Nuclear Operating Co |
| DeFrancisco A | |
| References | |
| EA-12-158 IR-12-405 | |
| Download: ML12278A346 (3) | |
Text
-.ffi OFFICNT USE ONtY SEEURITY RETATED INFORMNTION UNITED STATES
SUBJECT:
FINAL SIcNIFICANCE DETERMINATION FOR A SECURITY RELATED GREATER THAN GREEN FINDING AND NOTICE OF VIOLATION - NRC tNSPECTlON REPORT NO. 05000334t2012405 AND 050041212012405 -
BEAVER VALLEY POWER STATION
Dear Mr. Harden:
The purpose of this letter is to provide you with the final significance determination for a finding preliminarily determined to be of Greater than Green significance (greater than of very low security significance). The finding was identified during a security baseline inspection conducted at the Beaver Valley Power Station, for which an exit meeting was held on July 13, 2012, and was discussed in detail in NRC Inspection Report Nos. 0500033412012404 and O5OOO41212O124O4, issued on August 16,2012 (ADAMS Accession No. ML12229A4251). We note that FirstEnergy Nuclear Operating Company (FENOC) took immediate corrective actions to address any security-related vulnerability associated with this finding before the inspectors left the site. The nature of security-related findings is considered sensitive information and is not included in this letter, but is described in the non-public enclosure.
The letter issued on August 16,2012, offered FENOC the opportunity to attend a Regulatory Conference or reply in writing to provide its position on the facts and assumptions the NRC used to arrive at the finding and its security significance. In a telephone conversation with Mr.
Raymond McKinley of NRG, Region l, on August 17,2012, Mr. Darin Benyak, Regulatory Compliance Manager, of your staff indicated that FENOC did not contest the characterization of this finding and that it declined your opportunity to discuss this issue in a Regulatory Conference or to provide a written response.
Enclosure contains Sensitive Unclassified Non-Safeguards Information. When separated from enclosure. the transmittal document is decontrolled.
t Designation in parenthesis refers to an Agencywide Documents Access and Management System (ADAMS) accession number. Documents referenced in this letter are publicly-available using the accession number in ADAMS.
EFFICNT USE ENtY SEGURITY RETATED INFERMATIEN EFFIENT USE ONtY SECURITY RETATED INFERMATIEN
After considering the information developed during the inspection, the NRC has concluded that the inspection finding is appropriately characterized as Greater than Green (i.e., a finding of greater than very low security significance), and will require additional NRC inspections. The NRC notes that you cannot appealthis finding, as stated in the August 16,2012letter; NRC lnspection Manual Chapter (lMC) 0609, Attachment 2, indicates that appeal rights only apply to those licensees that have either attended a Regulatory Conference or submitted a written response to the preliminary determination letter.
The NRC has also determined that the condition discussed is a violation of NRC requirements, as cited in the attached Notice of Violation (Notice). ln accordance with the NRC Enforcement Policy, the Notice is considered escalated enforcement action because it is associated with a Greater than Green finding.
The NRC has concluded that information regarding the reason for the violation, the corrective actions taken and planned, and the date when full compliance was achieved is already adequately addressed on the docket in Inspection Report Nos. 0500033412012404 and 0500041212012404. Therefore, you are not required to respond to this letter unless the description therein does not accurately reflect your corrective actions or your position. lf you choose to respond, you should follow the instructions specified in the enclosed Notice when preparing your response.
Because plant performance for this issue has been determined to be beyond the licensee response band, we will use the NRC's Action Matrix to determine the most appropriate NRC response for this event. We will notify you, by separate correspondence, of that determination.
In accordance with 10 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 document system (ADAMS), accessible from the NRC Web site at http : //www. n rc. q ov/re a d i n o - rm /ad a m s. htm l.
However, the material enclosed herewith contains Security-Related Information in accordance with 10 CFR 2.390(dX1) 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 NRC's document system (ADAMS), accessible from the NRC Web site at http:i/www.nrc.qov/readinq-rm/adams.html. lf Security Related Information is necessary to provide an acceptable response, please follow the instructions for withholding in 10 CFR 2.390(bxl).
EFFICIAt USE ONIY SEEURITY RETATED INFORMATIEN In accordance with 1O CFR 2.390(bX1)(ii), the NRC is waiving the affidavit requirements for your response.
You may contact Mr. Raymond McKinley at 610-337-5150, with any questions.
,///tu William M. Dean Regional Administrator Docket Nos. 50-334, 50-412 License No. DPR-66, NPF-73 Enclosure: Notice of Violation cc w/encl: dOUO-SRl:
D. Craine, Manager, Site Protection D. Allard, Director, PA DEP M. Bear, State Liaison Officer, State of Ohio cc w/o enclosure: Distribution via ListServ OtrFICIAL USE ONLY - SECURITY-REINTED INFORIVTAT]EN