ML103270389
| ML103270389 | |
| Person / Time | |
|---|---|
| Site: | Limerick  |
| Issue date: | 11/23/2010 |
| From: | Bill Dean Region 1 Administrator |
| To: | Pacilio M Exelon Nuclear |
| References | |
| EA-10-164 IR-10-406 | |
| Download: ML103270389 (4) | |
Text
OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION November 23, 2010 EA-10-164 Mr. Michael J. Pacilio Senior Vice President, Exelon Generation Company, LLC President and Chief Nuclear Officer, Exelon Nuclear 4300 Winfield Rd.
Warrenville, IL 60555
SUBJECT:
FINAL SIGNIFICANCE DETERMINATION FOR SECURITY-RELATED GREATER THAN GREEN FINDING [NRC Inspection Report 05000352/2010406 and 05000353/2010406]
Dear Mr. Pacilio:
The purpose of this letter is to provide you with the final significance determination for a finding preliminarily determined to be of at least low to moderate security significance (Greater than Green). The finding was identified during an NRC inspection and presented at an exit meeting held on August 23, 2010. Section 6 of the subject inspection report, issued September 30, 2010, discussed the inspection results in detail. Exelon Nuclear has taken immediate corrective actions to address any security-related vulnerability. The description of the final significance of the security-related finding, and the corrective actions taken to address the issue, are considered sensitive information and are not included in this letter, but are described in the non-public enclosures.
Our September 30, 2010, letter also offered you the opportunity to attend a Regulatory Conference or reply in writing to provide your position on the facts and assumptions the NRC used to arrive at the finding and its security significance. On October 8, 2010, Mr. James Trapp of my office spoke with Ms. Pamela B. Cowan, Director, Licensing and Regulatory Affairs, who responded that a Regulatory Conference would not be necessary. A written response to the preliminary greater than green finding was submitted by Exelon Nuclear to the NRC, dated October 29, 2010, which concurs with the information presented in the inspection report and presents corrective action information.
Therefore, after considering the information developed during the inspection and in the October 29, 2010 response, the NRC has concluded that the inspection finding is of at least low to moderate security significance, is appropriately characterized as Greater than Green, and will require additional NRC inspections.
When separated from its Enclosure, this document is DECONTROLLED.
OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION
OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION M. Pacilio 2 The NRC has also determined that the condition discussed is a violation, as cited in the attached Notice of Violation (Notice, Enclosure 1). In accordance with the NRC Enforcement Policy, the Notice is considered escalated enforcement action because it is associated with a Greater than Green finding.
You have 30 calendar days from the date of this letter to appeal the staffs determination of significance for the identified Greater than Green finding. Such appeals will be considered to have merit only if they meet the criteria given in the IMC 0609, Attachment 2. An appeal must be sent in writing to the Regional Administrator, Region I, 475 Allendale Rd., King of Prussia, PA 19406.
You are not required to respond to this letter. However, if you choose to respond, you should follow the instructions specified in the enclosed Notice when preparing your response.
Because plant performance has been determined to be beyond the licensee response column, we will use the NRCs Security Action Matrix to determine the most appropriate NRC response for this issue. We will notify you, by separate correspondence, of that determination.
In accordance with 10 CFR 2.390 of the NRC's "Rules of Practice," a copy of this letter will be made available electronically for public inspection in the NRC Public Document Room and from the NRCs document system (ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. However, because of the security-related information 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. In addition, the NRC is waiving the affidavit requirements for your response, if any. This practice will ensure that your response, if you choose to provide one, will not be made available electronically for public inspection in the NRC Public Document Room or from 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/
William M. Dean Regional Administrator Docket Nos. 05000352, 05000353 License Nos. NPF-39, NPF-85
Enclosures:
- 1. Notice of Violation (non-public)
- 2. Final Significance Determination and Corrective Action (non-public) cc w/encl; w/OUO-SRI:
C. Gerdes, Manager, Site Security D. Allard, PA DEP cc w/o encl; w/o OUO-SRI:
Distribution via ListServ OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION
OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION M. Pacilio 2 The NRC has also determined that the condition discussed is a violation, as cited in the attached Notice of Violation (Notice, Enclosure 1). In accordance with the NRC Enforcement Policy, the Notice is considered escalated enforcement action because it is associated with a Greater than Green finding.
You have 30 calendar days from the date of this letter to appeal the staffs determination of significance for the identified Greater than Green finding. Such appeals will be considered to have merit only if they meet the criteria given in the IMC 0609, Attachment 2. An appeal must be sent in writing to the Regional Administrator, Region I, 475 Allendale Rd., King of Prussia, PA 19406.
You are not required to respond to this letter. However, if you choose to respond, you should follow the instructions specified in the enclosed Notice when preparing your response.
Because plant performance has been determined to be beyond the licensee response column, we will use the NRCs Security Action Matrix to determine the most appropriate NRC response for this issue. We will notify you, by separate correspondence, of that determination.
In accordance with 10 CFR 2.390 of the NRC's "Rules of Practice," a copy of this letter will be made available electronically for public inspection in the NRC Public Document Room and from the NRCs document system (ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. However, because of the security-related information 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. In addition, the NRC is waiving the affidavit requirements for your response, if any. This practice will ensure that your response, if you choose to provide one, will not be made available electronically for public inspection in the NRC Public Document Room or from 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/
William M. Dean Regional Administrator
Enclosures:
- 1. Notice of Violation (non-public)
- 2. Final Significance Determination and Corrective Action (non-public) cc w/encl; w/OUO-SRI:
C. Gerdes, Manager, Site Security D. Allard, PA DEP cc w/o encl; w/o OUO-SRI:
Distribution via ListServ SUNSI Review Complete: AED (Reviewer=s Initials)
DOCUMENT NAME: S:\Enf-allg\Enforcement\Proposed-Actions\Region1\Limerick Security (nonpublic enclosure).docx After declaring this document AAn Official Agency Record@ the document will be released to the Public. Accession No.: ML103270389 To receive a copy of this document, indicate in the box: "C" = Copy without attachment/enclosure "E" = Copy with attachment/enclosure "N" =No copy RI/ORA RI/ORA OFFICE RI/DRS RI/DRP RI/DRS NAME ADeFrancisco JTrapp JClifford DLew for DRoberts PWilson for KFarrar DATE 11 /05 /2010 11 / 08 /2010 11 / 09 /2010 11 / 09 /2010 11 /10 /2010 HQ/OE HQ/NSIR RI/ORA OFFICE RI/ ORA NAME DHolody DFurst* BWeistrich* WDean DATE 11 / 10 /2010 11 / 18 /2010 11 / 18 /2010 11 / 22 /2010 OFFICIAL RECORD COPY
- via email from DFurst to ADeFrancisco, 11/18/2010 OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION
OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION Distribution w/encl:
SECY CA OEMAIL WBorchardt, EDO M. Virgilio, DEDO SBagley OEDO RZimmerman, OE ACampbell, OE NHilton, OE DFurst, OE NRiddick, OE NHasan, OE CScott, OGC ELeeds, NRR JGrobe, NRR BBoger, NRR JWiggins, NSIR PHolahan, NSIR BWestreich, NSIR Enforcement Coordinators RII, RIII, RIV (C Evans; S Orth; W Jones)
SReynolds, RIII DNMS EHayden, OPA HBell, OIG CMcCrary, OI WDean, RA MDapas, DRA DLew, DRP JClifford, DRP DCollins, DRP DRoberts, DRS PWilson, DRS (R1DRSMail RESOURCE)
PKrohn, DRP EDiPaolo, DRP, SRI DBearde, DRS RidsNrrPMFitzPatrick Resource RidsNrrDorlLpl1-1 Resource JTrapp, DRS, RI MErnstes, DRS, RII EDuncan, DRS, RIII MShannon, DRS, RIV ROPreports Resource@nrc.gov KFarrar, RI DHolody, RI ADeFrancisco, RI MMcLaughlin, RI CODaniell, OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION