Text

Security Inspection Report 05000341-10-201
	ML102720534
Person / Time
Site:	Fermi
Issue date:	10/15/2010
From:	Patricia Holahan; Division of Security Operations
To:	Jennifer Davis; Detroit Edison
References
	EA-10-172, IR-10-201
	Download: ML102720534 (4)
	v • d • e

SAFEGUARDS INFORMATION

October 15, 2010

EA-10-172

Mr. Jack M. Davis

Senior Vice President and Chief Nuclear Officer

Detroit Edison Company

Fermi Nuclear Plant, 210 NOC

6400 North Dixie Highway

Newport, MI 48166

SUBJECT: FERMI NUCLEAR PLANT - NRC SECURITY INSPECTION REPORT

05000341/2010201: PRELIMINARY GREATER THAN GREEN FINDING

Dear Mr. Davis:

On October 6, 2010, the U.S. Nuclear Regulatory Commission (NRC) completed a security

baseline inspection at the Fermi Nuclear Plant. The inspection covered one or more of the key

attributes of the security cornerstone of the NRC's Reactor Oversight Process. The enclosed

inspection report documents the inspection results, which were discussed on June 15, 2010,

and October 6, 2010, with members of your staff.

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

compliance with the Commission's rules and regulations and with the conditions of your license.

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

personnel.

Based on the results of this inspection, a finding determined preliminarily to be of greater than

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

Significant Determination Process). This finding does not have an associated cross-cutting

area. All deficiencies identified by the NRC were promptly 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 inspectors left the site.

This finding is also an apparent violation of the 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/reading-rm/adams.html. Before we make a final

significance decision regarding the preliminary Greater than Green finding, we are providing

you an opportunity (1) to attend a Regulatory Conference where you can present to the NRC

your perspective on the facts and assumptions the NRC used to arrive at the finding and assess

its significance, 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 it involves security sensitive information. If

you decide to submit only a written response, such submittal should be sent to the NRC within

Enclosure contains Safeguards Information. Upon removal, this letter is decontrolled

SAFEGUARDS INFORMATION

J. Davis

-2-

SAFEGUARDS INFORMATION

30 days of the receipt of this letter. If you decline a Regulatory Conference and choose not to

submit a written response, the NRC will proceed with its final determination.

Please contact Mr. Clay Johnson, Chief, Security Performance Evaluation Branch, Division of

Security Operations, at 301-415-6640 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. The final resolution of

this matter will be conveyed in separate correspondence.

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 of

apparent violations and/or the characterization of the apparent violation described in the

enclosed inspection report may change as a result of further NRC review.

In accordance with Title 10 of the Code of Federal Regulations (10 CFR) Section 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 Agency-wide Documents Access and Management System

(ADAMS), accessible from the NRC Website 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 letter's

enclosure 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 Reading Room or from the

NRCs document system, ADAMS. If Safeguards Information is necessary to provide and

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 inspection, we will be pleased to discuss them

with you.

Sincerely,

/RA/

Patricia K. Holahan, Director

Division of Security Operations

Office of Nuclear Security and Incident Response

Docket No.: 50-341

License No.: NPF-43

Enclosure:

NRC Inspection Report No. 05000341/2010201 w/Attachments: Supplemental

Information, Table of Security Personnel, Exercise One, Exercise Two, and

Exercise Three (Safeguards)