ML082140265

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IR 05000255-08-404; 05/20/2008 - 05/22/2008; 07/10/2008; Palisades Nuclear Plant; Routine Identification and Resolution of Problems Inspection
ML082140265
Person / Time
Site: Palisades Entergy icon.png
Issue date: 07/29/2008
From: Stephanie West
Division of Reactor Safety III
To: Schwarz C
Entergy Nuclear Operations
References
EA-08-195 IR-08-404
Download: ML082140265 (5)


See also: IR 05000255/2008404

Text

SAFEGUARDS INFORMATION

July 29, 2008

EA-08-195

Mr. Christopher J. Schwarz

Vice President, Operations

Entergy Nuclear Operations, Inc.

Palisades Nuclear Plant

27780 Blue Star Memorial Highway

Covert, MI 49043-9530

SUBJECT: NRC INSPECTION REPORT 05000255/2008404(DRS); PRELIMINARY

GREATER THAN GREEN FINDING FOR PALISADES NUCLEAR PLANT

Dear Mr. Schwarz:

On May 22, 2008, the U.S. Nuclear Regulatory Commission (NRC) completed a security

baseline inspection at your Palisades Nuclear Plant. 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

July 10, 2008, with Ms. L. Lahti 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.

This report documents a finding that has 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 this finding 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.

EXEMPT FROM PUBLIC DISCLOSURE Enclosure Contains Safeguards

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

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

Exemption number: 5

Nuclear Regulatory Commission review required before public

release.

Gregory Hansen, RIII/DRS/PSB

Name and organization of person making determination.

Date of determination: 07/10/2008

SAFEGUARDS INFORMATION

SAFEGUARDS INFORMATION

C. Schwarz -2-

A cross-cutting aspect was identified in the area of Problem Identification and Resolution

(P.3(a)) because you failed to properly assess elements of your security program, consistent

with physical protection. The finding was NRC identified. The finding is also an apparent

violation (AV) of NRC requirements and is 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 this inspection finding at this time. In addition, please be advised that the number

and characterization of the AV 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

SAFEGUARDS INFORMATION

C. Schwarz -3-

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 by A. Boland for/

Steven West, Director

Division of Reactor Safety

Docket Nos. 50-255

License Nos. DPR-20

Nonpublic Enclosure: Inspection Report 05000255/2008404(DRS)

w/Attachment: Supplemental Information

(SAFEGUARDS INFORMATION)

cc w/encl (SAFEGUARDS INFORMATION):

D. Riffle, NSIR/DSO/DDSO

T. Strong, State Liaison Officer

cc w/o encl (SAFEGUARDS INFORMATION):

Senior Vice President

Vice President Oversight

Senior Manager, Nuclear Safety & Licensing

Senior Vice President and COO

Assistant General Counsel

Manager, Licensing

W. DiProfio

W. Russell

G. Randolph

Supervisor, Covert Township

Office of the Governor

Michigan Department of Environmental Quality

Michigan Office of the Attorney General

Enclosure Contains Safeguards

Information. Upon separation, this page

is decontrolled.

SAFEGUARDS INFORMATION

SAFEGUARDS INFORMATION

C. Schwarz -3-

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 by A. Boland for/

Steven West, Director

Division of Reactor Safety

Docket Nos. 50-255

License Nos. DPR-20

Nonpublic Enclosure: Inspection Report 05000255/2008404(DRS)

w/Attachment: Supplemental Information

(SAFEGUARDS INFORMATION)

cc w/encl (SAFEGUARDS INFORMATION):

D. Riffle, NSIR/DSO/DDSO

T. Strong, State Liaison Officer

cc w/o encl (SAFEGUARDS INFORMATION):

Senior Vice President

Vice President Oversight

Senior Manager, Nuclear Safety & Licensing

Senior Vice President and COO

Assistant General Counsel

Manager, Licensing

W. DiProfio Enclosure Contains Safeguards

W. Russell Information. Upon separation, this page

G. Randolph is decontrolled.

Supervisor, Covert Township

Office of the Governor

Michigan Department of Environmental Quality

Michigan Office of the Attorney General

DISTRIBUTION

See next page SEE PREVIOUS CONCURRENCE

DOCUMENT NAME: PAL 2008 404 DRS SG - Cover Ltr.doc

Publicly Available Non-Publicly Available Sensitive Non-Sensitive

To receive a copy of this document, indicate in the concurrence box "C" = Copy without attach/encl "E" = Copy with attach/encl "N" = No copy

OFFICE RIII RIII RIII RIII RIII RIII

NAME GHansen:co DFunk ED for EDuncan RTelson KOBrien PRP for SWest AB for

DATE 07/22/08 07/22/08 07/22/08 07/22/08 07/23/08 07/29/08

OFFICIAL RECORD COPY

SAFEGUARDS INFORMATION

SAFEGUARDS INFORMATION

Letter to Christopher J. Schwarz from Steven West dated July 29, 2008.

SUBJECT: NRC INSPECTION REPORT 05000255/2008404(DRS); PRELIMINARY

GREATER THAN GR EEN FINDINGS FOR PALISADES NUCLEAR PLANT

DISTRIBUTION: w/out encl (SAFEGUARDS INFORMATION)

Mahesh Chawla

Tamara Bloomer

RidsNrrDirsIrib Resource

Mark Satorius

Kenneth Obrien

Jared Heck

Carole Ariano

Linda Linn

Cynthia Pederson (hard copy - IRs only)

DRPIII

DRSIII

Patricia Buckley

Tammy Tomczak

ROPreports@nrc.gov

SECY

OCA

W. Borchardt

B. Mallett

C. Carpenter

N. Hilton

R. Barnes

J. Caldwell

R. Zimmerman

J. Moore

C. Marco

D. Holody

C. Evans

K. Fuller

M. Ashley

E. Brenner

H. Bell

G. Caputo

P. Pelke Enclosure Contains Safeguards

Information. Upon separation, this page

P. Lougheed is decontrolled.

E. Duncan

G. Hansen

RIII:PA

R. Lickus

J. Lynch

OEMAIL

SAFEGUARDS INFORMATION