ML082140265
| ML082140265 | |
| Person / Time | |
|---|---|
| Site: | Palisades  |
| 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
SAFEGUARDS INFORMATION
July 29, 2008
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
May be exempt from public release under the Freedom of
Information Act (5 U.S.C. 552)
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
Enclosure Contains Safeguards
Information. Upon separation, this page
is decontrolled.
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
W. Russell
G. Randolph
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
Enclosure Contains Safeguards
Information. Upon separation, this page
is decontrolled.
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)
RidsNrrDirsIrib Resource
Mark Satorius
Kenneth Obrien
Cynthia Pederson (hard copy - IRs only)
DRPIII
DRSIII
Patricia Buckley
ROPreports@nrc.gov
SECY
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
P. Lougheed
E. Duncan
G. Hansen
RIII:PA
R. Lickus
J. Lynch
OEMAIL
Enclosure Contains Safeguards
Information. Upon separation, this page
is decontrolled.