ML020840622
| ML020840622 | |
| Person / Time | |
|---|---|
| Site: | Vermont Yankee File:NorthStar Vermont Yankee icon.png |
| Issue date: | 03/25/2002 |
| From: | Miller H NRC Region 1 |
| To: | Balduzzi M Vermont Yankee |
| White J | |
| References | |
| EA-01-232 IR-01-010 | |
| Download: ML020840622 (5) | |
See also: IR 05000271/2001010
Text
March 25, 2002
Mr. Michael A. Balduzzi
Senior Vice President
and Chief Nuclear Officer
Vermont Yankee Nuclear Power Corporation
185 Old Ferry Road
P.O. Box 7002
Brattleboro, Vermont 05302-7002
SUBJECT:
FINAL SIGNIFICANCE DETERMINATION FOR A YELLOW FINDING AT THE
VERMONT YANKEE GENERATING STATION (NRC INSPECTION REPORT
50-271/01-010)
Dear Mr. Balduzzi:
The purpose of this letter is to provide you with the results of our final significance
determination for the preliminary Yellow finding that was identified in the subject inspection
report sent to you on November 28, 2001. After careful consideration, we have determined that
the inspection finding is appropriately characterized as Yellow. The enclosure to this letter
provides our detailed bases for this conclusion.
The finding was assessed using the significance determination process and was preliminarily
characterized as Yellow, an issue with substantial importance to safety that will result in
additional NRC inspection and potentially other NRC action. The finding was identified during
an Operational Safeguards Response Evaluation (OSRE) at Vermont Yankee between August
20 - 23, 2001, the results of which were discussed with members of your staff during a final exit
meeting on September 26, 2001. The OSRE consisted of observations of several aspects of
the security program, table-top drills to assess tactics and response strategy, assessment of
tactical training and firearms proficiency, and the conduct of four challenging force-on-force
exercise scenarios designed to identify potential vulnerabilities in your response strategy, and
areas where the security program may be strengthened.
As noted in our inspection report, the finding was considered preliminarily Yellow because
response strategy weaknesses found during the conduct of the OSRE were considered
generally predictable, repeatable and indicative of a broad programmatic problem. This
determination was based on potential response strategy vulnerabilities that were identified
during the conduct of table-top drills, and subsequently confirmed by the results of two of the
four force-on-force exercises.
Mr. Michael A. Balduzzi
-2-
At your request, a closed regulatory conference was held on January 18, 2002. The
conference was closed because it included a discussion of Safeguards Information, which must
be protected against unauthorized disclosure in accordance with 10 CFR 73.21. In support of
the regulatory conference, you provided a written evaluation dated January 14, 2002, which
also contained Safeguards Information.
At the conference and in your written evaluation, you disagreed with the preliminary Yellow
finding contending that two failures during the force-on-force exercises were inconclusive
because of various artificialities that adversely affected the outcome of both exercises.
Accordingly, you proposed that Vermont Yankees performance should not be considered a
Yellow finding.
After carefully considering the bases for your contentions, we determined that the inspection
finding is appropriately characterized as Yellow within the context of the NRCs Reactor
Oversight Process. In making this determination, we considered the exercise artificialities and
controller decisions that occurred during the exercises. As discussed in the enclosure to this
letter, we acknowledge that the exercise artificialities and controllers decisions may have had a
degree of influence in the exercises, however, it would not be practical to rerun the exercises to
further assess the issues. Nonetheless, the scenarios adequately served to confirm the
vulnerabilities (i.e., response strategy deficiencies) identified during the table-top portion of the
OSRE.
You have 10 business days from the date of this letter to appeal the staffs determination of
significance for the identified Yellow finding. Such appeals will be considered to have merit only
if they meet the criteria given in NRC Inspection Manual Chapter (IMC) 0609, Attachment 2.
Per the Action Matrix associated with the NRCs Assessment Process (IMC 0305), any single
Yellow issue, such as this finding, would place Vermont Yankee in the Degraded Cornerstone
Column. Therefore, we will use the NRC Action Matrix to determine the most appropriate NRC
response. We will notify you by separate correspondence of that determination, including any
adjustments to the NRC inspection plan.
As previously acknowledged in our referenced inspection report, your letter, dated
November 21, 2001, confirmed that compensatory measures have been taken to address the
weaknesses identified during the OSRE. Your letter also described plans, schedules, and
commitments for the establishment of long-term corrective actions, which will include improved
internal and external strategies and organizational improvements.
Mr. Michael A. Balduzzi
-3-
You are not required to respond to this letter. In accordance with 10 CFR 2.790 of the NRC's
"Rules of Practice," a copy of this letter without the Safeguards Information enclosure will be
available electronically for public inspection in the NRC Public Document Room or from the
Publicly Available Records (PARS) component of NRCs document system (ADAMS). ADAMS
is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/ADAMS.html (the Public
Electronic Reading Room).
Sincerely,
/RA by J. T. Wiggins for/
Hubert J. Miller
Regional Administrator
Region I
Docket No.
50-271
License Nos. DPR-28
Enclosure:
Assessment of Vermont Yankees Contentions and Final Significance
Determination (Contains Safeguards Information)
cc w/o encl:
M. Hamer, Operating Experience Coordinator - Vermont Yankee
G. Sen, Licensing Manager, Vermont Yankee Nuclear Power Corporation
D. Tefft, Administrator, Bureau of Radiological Health, State of New Hampshire
Chief, Safety Unit, Office of the Attorney General, Commonwealth of
D. Lewis, Esquire
G. Bisbee, Esquire
J. Block, Esquire
T. Rapone, Massachusetts Executive Office of Public Safety
D. Katz, Citizens Awareness Network (CAN)
M. Daley, New England Coalition on Nuclear Pollution, Inc. (NECNP)
R. Shadis, New England Coalition Staff
State of New Hampshire, SLO Designee
State of Vermont, SLO Designee
Commonwealth of Massachusetts, SLO Designee
Mr. Michael A. Balduzzi
-4-
Distribution w/o encl:
SECY
CA
OEMAIL
OEWEB
WTravers, EDO
WKane, DEDR
FCongel, OE
DDambly, OGC
LChandler, OGC
SCollins, NRR
JJohnson, NRR
TFrye, NRR
Enforcement Coordinators RII, RIII, RIV
BBeecher, OPA
HBell, OIG
PLohaus, OSTP
GCaputo, OI
LTremper, OC
TBergman, OEDO
BSheron, NRR
EAdensam, NRR
VOrdaz, NRR
RAlbert, NRR
HMiller, RA/JWiggins, DRA
WLanning, DRS
RBlough, DRP
GMeyer, DRP
JWhite, DRS
DScrenci/NSheehan, PAO-RI
DHolody/RUrban, RI
BFewell, RI
GMatakas, RI
Region I Docket Room (with concurrences)
THaverkamp, DRP
Mr. Michael A. Balduzzi
-5-
Distribution w/encl w/SGI:
AMadison,NRR
GSmith, DRS
BMcDermott, SRI - Vermont Yankee
SGS File
DOCUMENT NAME: A:\\PROP-VY-OSRE-FINALREV6WSGI.WPD
After declaring this document An Official Agency Record it will be released to the Public.
To receive a copy of this document, indicate in the box: "C" = Copy without attachment/enclosure "E" = Copy with attachment/enclosure "N" = No copy
OFFICE
RI/ORA
RI/ORA
RI/DRS
RI/DRS
RI/DRS
NAME
RUrban
DHolody (RJU for)
JWhite (GCS for)
WLanning (RVC
for)
RBlough
DATE
03/18/02
03/18/02
03/18/02
03/19/02
03/18/02
OFFICE
RI/ORA
HQ/OE
RI/RA
HQ/NRR
HQ/NRR
NAME
BFewell
FCongel (DJN for)
HMiller (JTW for)
VOrdaz (via phone)
AMadison (phone)
DATE
03/18/02
03/19/02 via phone
03/20/02
03/19/02
03/18/02
OFFICIAL RECORD COPY