Text

IR 05000305-08-402, (Drs), on 01/07/2008 - 01/11/2008, and Final Exit 02/29/08, Kewaunee Power Station, Routine Security Baseline Inspection - Cover Letter
	ML080710477
Person / Time
Site:	Kewaunee
Issue date:	03/11/2008
From:	Stephanie West; Division of Reactor Safety III
To:	Christian D; Virginia Electric & Power Co (VEPCO)
References
	EA-08-062, EA-08-063 IR-08-402
	Download: ML080710477 (7)
	v • d • e

SAFEGUARDS INFORMATION

March 11, 2008

EA-08-062

EA-08-063

Mr. David A. Christian

President and Chief Nuclear Officer

Virginia Electric and Power Company

Innsbrook Technical Center

5000 Dominion Boulevard

Glen Allen, VA 23060-6711

SUBJECT: NRC INSPECTION REPORT 05000305/2008402(DRS); PRELIMINARY

GREATER THAN GREEN FINDINGS FOR KEWAUNEE POWER STATION

Dear Mr. Christian:

On February 29, 2008, the U.S. Nuclear Regulatory Commission (NRC) completed a security

baseline inspection at your Kewaunee Power Station. The inspection covered one or more of

the key attributes of the security cornerstone of the NRCs Reactor Oversight Process. The

enclosed inspection report documents the inspection results, which were discussed on

February 29, 2008, with Mr. S. Scace and other members of your staff.

The inspection examined activities conducted under your license as they relate to security and

compliance with the Commissions rules and regulations and with the conditions of your license.

The inspector reviewed selected procedures and records, observed activities, and interviewed

personnel.

The attached report documents findings that have the potential for significance of greater than

very low security significance (i.e., greater than Green as determined by the Physical Protection

Significance Determination Process). The final resolution of these findings will convey the

increment in the importance to safety by assigning the corresponding color. The deficiencies

were corrected or compensated for, and the plant was in compliance with applicable physical

protection and security requirements within the scope of this inspection before the inspector left

the site.

EXEMPT FROM PUBLIC DISCLOSURE Enclosure Contains Safeguards Information.

May be exempt from public release under the Freedom of Upon separation, this page is decontrolled.

Information Act (5 U.S.C. 552)

Exemption number: 5___________

Nuclear Regulatory Commission review required before

public release.

Dale Lawver, RIII/DRS/PSB___________

Name and organization of person making determination.

Date of determination: 02/13/2008______

SAFEGUARDS INFORMATION

D. Christian -2-

A cross-cutting aspect was identified in the area of Human Performance (H.2(d)) because

personnel failed to obtain the proper equipment for protecting Safeguards Information. The

findings are also apparent violations (AVs) of NRC requirements and are being considered for

escalated enforcement action in accordance with the Enforcement policy, which can be found

on the NRCs web site at http://www.nrc.gov/about-nrc/regulatory/enforcement/enforce-pol.html.

In accordance with Inspection Manual Chapter (IMC) 0609, Significance Determination Process

(SDP), we intend to complete our evaluation using the best available information and issue our

final determination of security significance within 90 days of the date of this letter.

The significance determination process encourages an open dialog between the staff and the

licensee, however, the dialogue should not impact the timeliness of the staffs final significance

determination. Before we make a final decision on this matter, we are providing you an

opportunity: (1) to present to the NRC your perspectives on the facts and assumptions, used by

the NRC to arrive at the finding and its significance, at a Regulatory Conference; or (2) submit

your position on the finding to the NRC in writing. If you decline to request a Regulatory

Conference or submit a written response, your ability to appeal the final SDP determination can

be affected, in that by not doing either, you fail to meet the appeal requirements stated in the

Prerequisite and Limitation sections of Attachment 2 of IMC 0609.

If you request a Regulatory Conference, it should be held within 30 days of the receipt of this

letter and we encourage you to submit supporting documentation at least one week prior to

the conference in an effort to make the conference more efficient and effective. In the interest

of protecting sensitive, security-related information, if a Regulatory Conference is held, it will

not be open for public observation. If you decide to submit only a written response, such

submittal should be sent to the NRC within 30 days of the receipt of this letter. Because this

issue involves security-related information, if you choose to respond, your response 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://www.nrc.gov/reading-rm/adams.html. 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).

Please contact Eric Duncan, Chief, Plant Support Branch at (630) 829-9757 within 10 business

days of the date of your receipt of this letter to notify the NRC of your intentions. If we have not

heard from you within 10 days, we will continue with our significance determination and

enforcement decision and you will be advised by separate correspondence of the results of our

deliberations on this matter.

Since the NRC has not made a final determination in this matter, no Notice of Violation is being

issued for these inspection findings at this time. In addition, please be advised that the number

and characterizations of AVs described in the enclosed inspection report may change as a

result of further NRC review.

Enclosure Contains Safeguards

Information. Upon separation, this

page is decontrolled.

SAFEGUARDS INFORMATION

D. Christian -3-

Additionally, three licensee-identified violations which were determined to be of very low security

significance are listed in this report. However, because of the very low security significance and

because they were entered into your corrective action program, the NRC is treating these

violations as non-cited violations (NCVs) consistent with Section VI.A.1 of the NRC Enforcement

Policy. If you contest these NCVs you should provide a response within 30 days of the date of

this inspection report, with the basis for your denial, to the Nuclear Regulatory Commission,

ATTN: Document Control Desk, Washington DC 20555-0001; with copies to the Regional

Administrator Region III; the Director, Office of Enforcement, United States Nuclear Regulatory

Commission, Washington, DC 20555-0001; and the NRC Resident Inspector at the

Kewaunee Power Station.

In accordance with 10 CFR 2.390 of the NRC's "Rules of Practice," a copy of this letter will be

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

Publicly Available Records System (PARS) component of NRC's Agencywide Documents

Access and Management 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 enclosure, and in accordance with

10 CFR 2.390, a copy of this letters enclosure will not be available for public inspection.

Should you have any questions concerning this inspection, we will be pleased to discuss them

with you.

Sincerely,

/RA/

Steven West, Director

Division of Reactor Safety

Docket No. 50-305

License No. DPR-43

Nonpublic Enclosure: Inspection Report 05000305/2008402(DRS)

w/Attachment: Supplemental Information

(SAFEGUARDS INFORMATION)

DISTRIBUTION

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Enclosure Contains Safeguards Information.

Upon separation, this page is decontrolled.