ML072070671

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Final Significance Determination for a Green Finding and Notice of Violation (NRC Physical Security Baseline Inspection Report 05000416-07-402) - Letter Only
ML072070671
Person / Time
Site: Grand Gulf Entergy icon.png
Issue date: 07/26/2007
From: Caniano R
Division of Reactor Safety IV
To: Brian W
Entergy Operations
References
EA-07-084, IR-07-402
Download: ML072070671 (3)


See also: IR 05000416/2007402

Text

OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION

OFFICIAL USE ONLY - SAFETY-RELATED INFORMATION

July 26, 2007

EA- 07-084

William R. Brian, Vice President

of Operations

Grand Gulf Nuclear Station

Entergy Operations, Inc.

P.O. Box 756

Port Gibson, MS 39150

SUBJECT:

GRAND GULF NUCLEAR STATION - FINAL SIGNIFICANCE DETERMINATION

FOR A GREEN FINDING AND NOTICE OF VIOLATION (NRC PHYSICAL

SECURITY BASELINE INSPECTION REPORT 05000416/2007402)

Dear Mr. Brian:

The purpose of this letter is to provide you the final results of our significance determination of

the preliminary greater than Green finding identified in the subject inspection report. The

inspection finding was assessed using the Physical Protection Significance Determination

process. This preliminary greater than Green finding involved your staffs failure to identify and

protect safeguards information. One apparent violation was associated with the finding.

Compensatory measures have been implemented.

At your request, a Regulatory Conference was held on July 2, 2007, to discuss your views on

this finding. During the conference, you disagreed that a violation occurred. Additionally, you

described your assessment of the significance of the finding, if the U.S. Nuclear Regulatory

Commission (NRC) still determined that a violation occurred, and the corrective actions taken.

The details of our evaluation of your position are enclosed with this letter. Based on the

information developed during the inspection and the information your staff provided during the

conference on July 2, 2007, the NRC has concluded the inspection finding is appropriately

characterized as Green. The actual significance is discussed in the enclosures, but is being

withheld from the public in accordance with 10 CFR 2.390 because it involves security-related

information.

The NRC has concluded that a violation is associated with the finding and is cited in the

enclosed Notice of Violation. The circumstances surrounding the violation are described in

detail in the subject inspection report and in the enclosure. In accordance with Section VI. A.I

of the NRCs Enforcement Policy, the violation is being cited in the enclosed Notice of Violation

Entergy Operations, Inc.

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OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION

OFFICIAL USE ONLY - SAFETY-RELATED INFORMATION

because the NRC has determined that your staff failed to restore compliance within a

reasonable time after a violation was identified. Specifically, after the NRC identified a Green

noncited violation in November 2006, for your staffs failure to identify and protect safeguards

information, the violation continued to exist through this latest example.

You are required to respond to this letter and should follow the instructions specified in the

enclosed Notice of Violation when preparing your response. The NRC will use your response,

in part, to determine whether further enforcement action is necessary to ensure compliance with

regulatory requirements.

We will use the NRC 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 NRCs Rules of Practice," a copy of this letter will be

available electronically for public inspection in the NRC Public Document Room and in 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). However, because of the security-related concerns contained in the

enclosures, and in accordance with 10 CFR 2.390, a copy of the enclosures 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. This practice will ensure that your response will not be made available

electronically for public inspection in the NRC Public Document Room or from the NRCs

document system, ADAMS. If Safeguards Information is necessary to provide an 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 letter, we will be pleased to discuss them with

you.

Sincerely,

/RA/

Roy J. Caniano, Acting Director

Division of Reactor Safety

Docket: 50-416

License: NPF-29

Enclosures:

1. Notice of Violation

2. NRC Evaluations and Conclusions

Entergy Operations, Inc.

-3-

OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION

OFFICIAL USE ONLY - SAFETY-RELATED INFORMATION

cc w/o enclosure:

Executive Vice President

and Chief Operating Officer

Entergy Operations, Inc.

P.O. Box 31995

Jackson, MS 39286-1995

General Manager, Plant Operations

Grand Gulf Nuclear Station

Entergy Operations, Inc.

P.O. Box 756

Port Gibson, MS 39150

Director

Nuclear Safety & Licensing

Entergy Operations, Inc.

1340 Echelon Parkway

Jackson, MS 39213-8298

Director, Nuclear Safety Assurance

Entergy Operations, Inc.

P.O. Box 756

Port Gibson, MS 39150