ML021060156
| ML021060156 | |
| Person / Time | |
|---|---|
| Site: | Oyster Creek |
| Issue date: | 04/15/2002 |
| From: | Miller H Region 1 Administrator |
| To: | Skolds J Exelon Generation Co, Exelon Nuclear |
| References | |
| IR-01-011 EA-01-141 | |
| Download: ML021060156 (3) | |
Text
April 15, 2002 EA-01-141 Mr. Jack Skolds President and CNO Exelon Nuclear Exelon Generation Company, LLC 4300 Winfield Road 5th Floor Warrenville, IL 60555
SUBJECT:
RESULTS OF YOUR APPEAL - FINAL SIGNIFICANCE DETERMINATION FOR A WHITE FINDING AT OYSTER CREEK (NRC INTEGRATED REPORT 05000219/2001-011)
Dear Mr. Skolds:
In a letter dated September 12, 2001, you appealed the NRCs final significance determination that we issued on August 28, 2001, concerning a finding identified during an Operational Safeguards Response Evaluation (OSRE) at the Oyster Creek facility. The finding involved a vulnerable protective strategy that resulted in the loss of a target set. The vulnerability in the protective strategy was considered to be potentially predictable and occasionally repeatable, and was preliminarily characterized as White.
In your appeal letter, you stated that the NRC did not adequately consider the specific plant conditions and configurations that caused this outcome, did not act consistently with applicable Significance Determination Process (SDP) guidance, and did not provide sufficient written basis for its conclusion. Subsequently, we initiated processing of your appeal in accordance with NRC Manual Chapter 0609, Attachment 2, Process for Appealing NRC Characterization of Inspection Findings. However, as we indicated in our letter of October 3, 2001, completion of our review was delayed as a result of the NRCs efforts related to the heightened security status at the nations nuclear plants due to the events of September 11, 2001.
The Panel has completed its review and concluded that the finding is appropriately characterized as White.
The basis for the White finding involved Safeguards Information, and, therefore, the NRC did not include specific detail in either the inspection report or the letter of August 28, 2001, because, due to our practice at the time, both documents were to be publically released.
However, to more fully describe the basis for the White finding, we are providing the Enclosure to this letter. The Enclosure contains Safeguards Information that must be protected against unauthorized disclosure in accordance with 10 CFR 73.21.
If you have any questions concerning this letter, you may contact Mr. Wayne Lanning of my staff directly at (610) 337-5126. As indicated in NRC Manual Chapter 0609, Attachment 2, if
Mr. Jack Skolds you desire to pursue your appeal further, you should contact the NRC Executive Director for Operations, directly.
In accordance with 10 CFR 2.790 of the NRCs "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 Docket No.
50-219 License No.
Enclosure:
Appeal Decision-Oyster Creek Operational Safeguards Response Evaluation (Contains Safeguards Information) cc w/encl:
R. DeGregorio, Vice President - Oyster Creek cc w/o encl:
Amergen Energy Company - Correspondence Control Deck Licensing and Regulatory Affairs - Vice President, Exelon Corporation Director-Licensing Regulatory Assurance Manager R. Shadis, New England Coalition Staff State of New Jersey N. Cohen, Coordinator - Unplug Salem Campaign E. Gbur, Coordinator - Jersey Shore Nuclear Watch E. Zobian, Coordinator - Jersey Shore Anti Nuclear Alliance
Mr. Jack Skolds Distribution w/o encl:
SECY CA OEWEB OEMAIL 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 TColburn, NRR HPastis, NRR RSchaaf, NRR DOrrik, NRR DScrenci, PAO-RI JRogge, DRP DHolody, EO, RI RUrban, ORA BFewell, RI NPerry, DRP THaverkamp, DRP JWhite, DRS Region I Docket Room (with concurrences)
Distribution w/encl w/SGI:
AMadison,NRR GSmith, DRS LDudes, SRI - Oyster Creek SGS File DOCUMENT NAME: A:\\PROP-OC-SECURITY-APPEAL.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 JWhite WLanning RBlough (BEH for)
DATE 3/22/02 04/04/02 04/01/02 04/01/02 04/03/02 OFFICE RI/ORA HQ/OE RI/RA HQ/NRR HQ/NRR NAME BFewell FCongel*
HMiller (JTW for)
VOrdaz*
AMadison*
DATE 04/03/02 04/15/02 04/09/02 04/15/02 04/15/02 OFFICIAL RECORD COPY
- Concurrence recd via phone from J. Dixon-Herrity, OE, 4/15/02