ML082630369
| ML082630369 | |
| Person / Time | |
|---|---|
| Site: | Arkansas Nuclear  |
| Issue date: | 09/18/2008 |
| From: | Caniano R Division of Reactor Safety IV |
| To: | Mitchell T Entergy Operations |
| Lynn berger | |
| References | |
| EA-08-249 IR-08-404 | |
| Download: ML082630369 (4) | |
See also: IR 05000313/2008404
Text
OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION
OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION
September 18, 2008
Timothy G. Mitchell
Vice President Operations
Arkansas Nuclear One
Entergy Operations, Inc.
1448 S.R. 333
Russellville, AR 72802-0967
SUBJECT: ARKANSAS NUCLEAR ONE, UNITS 1 and 2 - NRC PHYSICAL SECURITY
SPECIAL INSPECTION REPORT 05000313/2008404; 05000368/2008404:
PRELIMINARY GREATER THAN GREEN FINDING
Dear Mr. Mitchell:
This refers to an on-site and in-office special inspection, which concluded on August 20, 2008,
regarding activities at Arkansas Nuclear One, Units 1 and 2. This inspection was initiated by the
Nuclear Regulatory Commission (NRC), Region IV, on June 26, 2008, to determine if sensitive
unclassified information (Safeguards Information) had been improperly controlled in accordance
with NRC requirements. The enclosed inspection report documents the inspection results,
which were discussed on August 20, 2008, with Mr. W. R. Brian, Vice President, Operations
Support, Entergy Operations, Inc., you, and other members of your staff.
This 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 team reviewed selected procedures, records and files, observed activities, and
interviewed personnel.
This letter discusses a finding that appears to have greater than green security significance, as
described in Section 4OA5 of this report. This finding was assessed based on the best
available information, including influential assumptions, using the Physical Protection
Significance Determination Process. The final resolution of this finding will convey the
increment in the importance to security by assigning the corresponding color, which may require
UNITED STATES
NUCLEAR REGULATORY COMMISSION
R E GI ON I V
612 EAST LAMAR BLVD, SUITE 400
ARLINGTON, TEXAS 76011-4125
OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION
Entergy Operations, Inc.
- 2 -
OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION
additional NRC inspection. Compensatory measures are in place while long-term corrective
measures are being implemented.
The finding is also associated with an apparent violation of NRC requirements that is being
considered for escalated enforcement action in accordance with NRC Enforcement Policy. The
current Enforcement Policy is included on the NRCs Web site at http://www.nrc.gov/reading-
rm/doc-collections/enforcement.
In accordance with NRC Inspection Manual Chapter 0609, Significance Determination
Process, we intend to complete our evaluation using the best available information and issue
our final determination of safety significance within 90 days of the date of this letter. The
significance determination process encourages an open dialogue between the NRC staff and
the licensee; however, the dialogue should not impact the timeliness of the staffs final
determination.
Before we make a final decision on this matter, we are providing you an opportunity to:
(1) 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 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. If a Regulatory Conference is held, it will be closed to public
observation because of the discussion of security-related information. 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. If you decline to request a Regulatory Conference or to submit a written response,
you relinquish your right to appeal the final significance determination process decision, in that,
by not doing either, you fail to meet the appeal requirements stated in the Prerequisite and
Limitation sections of Attachment 2 of Inspection Manual Chapter 0609.
Please contact Michael P. Shannon, Chief, Plant Support Branch-1, Division of Reactor Safety,
at 817-860-8215 within 10 business days of the date of 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 the inspection finding at this time. In addition, please be advised that the number and
characterization of the apparent violation described in the enclosed inspection report may
change as a result of further NRC review.
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 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). However, because of the security-related concerns contained in the
OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION
OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION
enclosure, and in accordance with 10 CFR 2.390, a copy of this letters 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, if any. 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).
Sincerely,
/RA/
Roy J. Caniano, Director
Division of Reactor Safety
Docket No.: 50-313; 50-368
License No.: NPF 6; DPR 51
Nonpublic Enclosures:
Inspection Report 05000313/2008404;
w/Attachments: 1. Supplemental Information
2. Special Inspection Charter
cc w/enclosure:
David E. Maxwell, Director
Arkansas Department of Emergency Management
Bldg. 9501
Camp Joseph T. Robinson
North Little Rock, AR 72199
cc w/o enclosure:
Senior Vice President
Entergy Operations, Inc.
P.O. Box 31995
Jackson, MS 39286-1995
OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION
OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION
Senior Vice President
& Chief Operating Office
Entergy Operations, Inc
P.O. Box 3199
Jackson, MS 39286-1995
Vice President, Oversight
Entergy Operations, Inc
P.O. Box 3199
Jackson, MS 39286-1995
Manager, Licensing
Entergy Operations, Inc
Arkansas Nuclear On
1448 SR 33
Russellville, AR 72802
Associate General Counsel
Entergy Nuclear Operation
P.O. Box 3199
Jackson, MS 39286-1995
Senior Manager, Nuclear Safety & Licensing
Entergy Operations, Inc
P.O. Box 3199
Jackson, MS 39286-1995