ML113420277

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Final Significance Determination for a Security-Related Greater than Green Finding and Notice of Violation; Watts Bar Nuclear Plant, NRC Inspection Report
ML113420277
Person / Time
Site: Watts Bar  Tennessee Valley Authority icon.png
Issue date: 12/07/2011
From: Mccree V
NRC/RGN-II
To: James Shea
Tennessee Valley Authority
References
EA-11-217 IR-11-402
Download: ML113420277 (5)


Text

OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION UNITED STATES NUCLEAR REGULATORY COMMISSION REGION II 245 PEACHTREE CENTER AVENUE NE, SUITE 1200 ATLANTA, GEORGIA 30303-1257 December 7, 2011 OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION EA-11-217 Mr. Joseph W. Shea Manager, Corp. Nuclear Licensing Programs Tennessee Valley Authority 1101 Market Street, LP 4B-C Chattanooga, TN 37402-2801

SUBJECT:

FINAL SIGNIFICANCE DETERMINATION FOR A SECURITY-RELATED GREATER THAN GREEN FINDING AND NOTICE OF VIOLATION; WATTS BAR NUCLEAR PLANT, NRC INSPECTION REPORT 05000390/2011402 AND 05000391/2011402

Dear Mr. Shea:

This letter provides you the final results of our significance determination for the preliminary Greater than Green finding identified in NRC Inspection Report (IR) 05000390, 391/2011402, dated September 20, 2011. This preliminary Greater than Green finding was discussed in detail in Section 3S05 of IR 05000390, 391/2011402.

At your request, a Regulatory Conference was held on November 7, 2011, to discuss the Tennessee Valley Authoritys (TVA) views on this issue. During the meeting, your staff described TVAs assessment of the significance of the finding including the root cause and the corrective actions taken to resolve it. After considering the information developed during the inspection and the additional information you provided at the conference, the NRC has concluded that the inspection finding is appropriately characterized as a Greater than Green finding (i.e., a finding having more than very low security significance). The finding also had a cross-cutting aspect in the area of Operating Experience (OE) under P.2(a), in that TVA failed to systematically collect, evaluate, and communicate to affected internal stakeholders in a timely manner relevant internal and external OE.

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, Nuclear Regulatory Commission, Region II, 245 Peachtree Center Avenue, NE, Suite 1200, Atlanta, GA 30303-1257.

Enclosure(s) transmitted herewith contains(s) SUNSI. When separated from enclosure(s), this transmittal document is decontrolled.

LIMITED INTERNAL DISTRIBUTION PERMITTED

OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION TVA 2

OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION The NRC has also determined that the finding constitutes a violation of 10 CFR 73.55 (i)(5)(iii),

as cited in the enclosed Notice of Violation (Notice). In accordance with the NRC Enforcement Policy, the Notice is considered an escalated enforcement action because it is associated with a Greater than Green finding. You are required to respond to this letter and should follow the instructions specified in the enclosed Notice when preparing your response.

Because plant performance for this issue has been determined to be beyond the licensee response band, we will use the NRCs Security Action Matrix to determine the most appropriate NRC response for this event. 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 NRCs Public Document Room or from the NRCs document system (Agency wide Documents and Access Management System (ADAMS)), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html.

However, the material enclosed herewith contains security-related information in accordance with 10 CFR 2.390(d)(1) and its disclosure to unauthorized individuals could present a security vulnerability. Therefore, the material in the enclosures will not be made available electronically for public inspection in the NRC Public Document Room or in the NRCs document system (ADAMS). If security-related information is necessary to provide an acceptable response, please follow the instructions for withholding in 10 CFR 2.390(b)(1).

For administrative purposes, the above violation is identified as VIO 05000390, 391/2011402-01, Failure to Adequately Monitor or Observe Unattended Openings. Accordingly, Apparent Violation AV 05000390, 391/2011402-01, Failure to Adequately Monitor or Observe Unattended Openings, is closed.

In accordance with 10 CFR 2.390(b)(1)(ii), the NRC is waiving the affidavit requirements for your response.

Sincerely,

/RA/

Victor M. McCree Regional Administrator Docket Nos.: 50-390, 50-391 License Nos.: NPF-90; Construction Permit No. CPPR-92

Enclosures:

1. Notice of Violation (OUO-SRI)
2. Evaluation of Regulatory Conference Information (OUO-SRI) cc w/encl: See page 3

ML113420277 X SUNSI REVIEW COMPLETE X FORM 665 ATTACHED OFFICE RII:DRS RII: DRP RII:DRS RII:ORA RII:ORA HQ:OE NRR SIGNATURE RA/JS FOR BD

  • RA RA VIA EMAIL RA VIA EMAIL NAME B.DESAI S. SHAEFFER J.MUNDAY C.EVANS L.WERT D. FURST P. MILANO DATE 11/17/2011 11/21/2011 11/17/2011 11/21/2011 12/02/2011 11/23/2011 11/23/2011 E-MAIL COPY?

YES NO YES NO YES NO YES NO YES NO YES NO YES NO

OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION TVA 3

OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION cc: w/Encl:

D. E. Grissette Site Vice President Watts Bar Nuclear Plant Tennessee Valley Authority P. O. Box 2000 Spring City, TN 37381 D. K. Guinn Manager, Licensing Watts Bar Nuclear Plant, ADM 1L-WBN Tennessee Valley Authority P.O. Box 2000 Spring City, TN 37381 Mark Findlay General Manager, Security Operations Tennessee Valley Authority 1101 Market Street, EB 10B-C Chattanooga, TN 37402-2801 P. J. Asendorf Manager, Site Security (WBN)

Watts Bar Nuclear Plant Tennessee Valley Authority P.O. Box 2000 Spring City, TN 37381-2000

OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION Letter to Joseph W. Shea from Victor M. McCree dated December 7, 2011.

SUBJECT:

FINAL SIGNIFICANCE DETERMINATION FOR A SECURITY-RELATED GREATER THAN GREEN FINDING AND NOTICE OF VIOLATION; WATTS BAR NUCLEAR PLANT, NRC INSPECTION REPORT 05000390/2011402 AND 05000391/2011402 Distribution w/encl:

R. Borchardt, OEDO R. Zimmerman, OE E. Julian, SECY B. Keeling, OCA Enforcement Coordinators, RI, RIII, RIV E. Hayden, OPA C. McCrary, OI H. Bell, OIG E. Leeds, NRR M. Ashley, NRR P. Milano, NRR B. Westreich, NSIR C. Scott, OGC D. Decker, OCA V. McCree, RII L. Wert, RII R. Croteau, RII J. Munday, RII S. Shaeffer, RII R. Monk, RII C. Kontz, RII S. Sparks, RII C. Evans, RII L. Douglas, RII B. Desai, RII R. Patterson, RII J. Shehee, RII D, Furst, OE S. Coker, NSIR OEMAIL RIDSNRRDIRS