ML12047A190

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EA-11-203, Prairie Island, Final Determination, Notice of Violation - Cover Letter
ML12047A190
Person / Time
Site: Prairie Island  Xcel Energy icon.png
Issue date: 02/16/2012
From: Pederson C
NRC/RGN-III
To: Schimmel M
Northern States Power Co
References
EA-11-203, IR-11-408 EA-11-203
Download: ML12047A190 (6)


Text

OFFICIAL USE ONLY - SECURITY RELATED INFORMATION UNITED STATES NUCLEAR REGULATORY COMMISSION REGION III 2443 WARRENVILLE ROAD, SUITE 210 LISLE, IL 60532-4352 February 16, 2012 EA-11-203 Mr. Mark A. Schimmel Site Vice President Prairie Island Nuclear Generating Plant Northern States Power Company, Minnesota 1717 Wakonade Drive East Welch, MN 55089

SUBJECT:

FINAL SIGNIFICANCE DETERMINATION OF A SECURITY-RELATED GREATER THAN GREEN FINDING WITH ASSESSMENT FOLLOWUP AND NOTICE OF VIOLATION; NRC INSPECTION REPORT NOS. 05000282/2011408; 05000306/2011408 PRAIRIE ISLAND NUCLEAR GENERATING PLANT

Dear Mr. Schimmel:

This letter provides you the final significance determination of the preliminary Greater than Green finding discussed in our previous communication dated December 7, 2011, which included U.S. Nuclear Regulatory Commission (NRC) inspection report Nos. 05000282/2011405(DRS); 05000306/2011405(DRS). The Greater than Green finding was discussed in detail in Section 3SO2.b of the subject inspection report.

At your request, a regulatory conference was held on January 18, 2012, to discuss your views on the issue. During the conference your staff described your assessment of the significance of the finding and the corrective actions taken to resolve it, including the root cause evaluation of the finding. A partial list of attendees at the conference is included in Enclosure 1.

After considering the information developed during the inspection and the information you provided at the regulatory conference, 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 supplemental NRC inspections. Further details regarding the NRCs assessment of the information provided during the regulatory conference, determination of the final significance, and assessment of the appropriate security action matrix column can be found in Enclosure 2.

Enclosures 2 and 3 Contain Sensitive Unclassified Non-Safeguards Information.

Upon separation, this cover letter is decontrolled.

OFFICIAL USE ONLY - SECURITY RELATED INFORMATION

OFFICIAL USE ONLY - SECURITY RELATED INFORMATION M. Schimmel 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 NRC Inspection Manual Chapter 0609, Significance Determination Process, Attachment 2. An appeal must be sent in writing to the Regional Administrator, Region III, Suite 210, 2443 Warrenville Road, Lisle, IL 60532.

The NRC has also determined that a violation was associated with the finding, as cited in the Notice of Violation (Notice) provided in Enclosure 3. The circumstances surrounding the violation were described in detail in NRC Inspection Report Nos. 05000282/2011405(DRS);

05000306/2011405(DRS). In accordance with the NRC Enforcement Policy, the Notice is considered escalated enforcement action because it is associated with a Greater Than Green finding.

The NRC has concluded that information regarding the reasons for the violation, the corrective actions taken and planned to be taken to correct the violation and prevent recurrence, and the date when full compliance was achieved, is already adequately addressed on the docket in NRC Inspection Report Nos. 05000282/2011405(DRS); 05000306/2011405(DRS) and during the regulatory conference. Therefore, you are not required to respond to this letter unless the description therein does not accurately reflect your corrective actions or your position. In that case, or if you choose to provide additional information, you should follow the instructions specified in the enclosed Notice.

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 or from the NRCs Agencywide Documents Access and Management System (ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. However, because the material in Enclosures 2 and 3 is considered security-related information, as defined in 10 CFR 2.390(d)(1), its disclosure to unauthorized individuals could present a security vulnerability. Therefore, the material in these enclosures will not be made available electronically for public inspection. Additionally, if you choose to respond and security related information is necessary to provide an acceptable response, please follow the instructions for withholding in 10 CFR 2.390(b)(1).

OFFICIAL USE ONLY - SECURITY RELATED INFORMATION

OFFICIAL USE ONLY - SECURITY RELATED INFORMATION M. Schimmel In accordance with 10 CFR 2.390(b)(1)(ii), the NRC is waiving the affidavit requirements for your response, if any.

Sincerely,

/RA/

Cynthia D. Pederson Acting Regional Administrator Docket Nos. 50-282; 50-306 License Nos. DPR-42; DPR-60

Enclosures:

1) Regulatory Conference Attendees
2) Final Significance Determination (non-public)
3) Notice of Violation (non-public) cc w/encl 1: Distribution via ListServ OFFICIAL USE ONLY - SECURITY RELATED INFORMATION

OFFICIAL USE ONLY - SECURITY RELATED INFORMATION REGULATORY CONFERENCE LIST OF ATTENDEES XCEL ENERGY, INC.

Jon Anderson, Prairie Island Regulatory Affairs Manager Paula Anderson, Fleet Regulatory Affairs Director Aldo Capristo, Senior Director - Nuclear Services John Hamilton, Security Manager Danna Hickey, Security Programs Supervisor Dennis Koehl, Chief Nuclear Officer Mark Schimmel, Prairie Island Site Vice President Lenny Sueper, Senior Regulatory Engineer Rob White, Manager - Nuclear Security Programs NUCLEAR REGULATORY COMMISSION David Furst, Senior Enforcement Specialist, Office of Enforcement Dale Lawver, Security Inspector Kenneth OBrien, Deputy Director, Division of Reactor Safety Steven Orth, Enforcement Officer Kenneth Riemer, Chief, Reactor Projects Branch 2 Richard Skokowski, Chief, Plant Support Branch, DRS Jennifer Uhle, Acting Deputy Regional Administrator Steven West, Director, Division of Reactor Projects Enclosure 1 OFFICIAL USE ONLY - SECURITY RELATED INFORMATION

OFFICIAL USE ONLY - SECURITY RELATED INFORMATION M. Schimmel In accordance with 10 CFR 2.390(b)(1)(ii), the NRC is waiving the affidavit requirements for your response, if any.

Sincerely,

/RA/

Cynthia D. Pederson Acting Regional Administrator Docket No. 050-00255 License No. DPR-20

Enclosures:

1) Regulatory Conference Attendees
2) Final Significance Determination (non-public)
3) Notice of Violation (non-public) cc w/encl 1: Distribution via ListServ DISTRIBUTION:

See next page FILE NAME: G:\ORAIII\EICS\ENFORCEMENT\Enforcement Cases 2011\EA-11-203 Prairie Island Security Issue\EA-11-203 Prairie Island draft final determination letter.docx Cover letter: publicly available; non-sensitive Entire document: non-publicly available; sensitive - security-related OFFICE RIII RIII RIII NSIR OE RIII RIII NAME Lougheed Skokowski Reynolds Wiggins1 2 Zimmerman Orth Pederson DATE 02/13/12 02/14/12 02/14/12 02/13/12 02/13/12 02/14/12 02/15/12 OFFICIAL RECORD COPY 1

NSIR concurrence received via e-mail from S. Coker on February 13, 2012 2

OE concurrence received via e-mail from D. Furst on February 13, 2012.

OFFICIAL USE ONLY - SECURITY RELATED INFORMATION

OFFICIAL USE ONLY - SECURITY RELATED INFORMATION Letter to Mark A. Schimmel from Cynthia D. Pederson dated February 16, 2012

SUBJECT:

FINAL SIGNIFICANCE DETERMINATION OF A SECURITY-RELATED GREATER THAN GREEN FINDING WITH ASSESSMENT FOLLOWUP AND NOTICE OF VIOLATION; NRC INSPECTION REPORT NOS. 05000282/2011408; 05000306/2011408 PRAIRIE ISLAND NUCLEAR GENERATING PLANT DISTRIBUTION:

Docket File Mona Williams RidsSecyMailCenter.Resource Amy Snyder OCADistribution RidsNrrPMPrairieIsland Resource Bill Borchardt RidsNrrDorlLpl3-1 Resource Martin Virgilio RidsNrrDirsIrib Resource Roy Zimmerman Steven Orth Nick Hilton Jared Heck David Furst Allan Barker Cynthia Pederson Harral Logaras Jennifer Uhle Viktoria Mitlyng Marvin Itzkowitz Prema Chandrathil Catherine Scott Patricia Lougheed Eric Leeds Paul Pelke Bruce Boger Magdalena Gryglak Mary Ann Ashley Carole Ariano James Wiggins Linda Linn Patricia Holahan DRPIII Shyrl Coker DRSIII Daniel Holody Patricia Buckley Scott Sparks Tammy Tomczak Heather Gepford OEMAIL Resource Holly Harrington OEWEB Resource (cover letter only)

Hubert Bell ROPreports Resource (cover letter only)

Cheryl McCrary OFFICIAL USE ONLY - SECURITY RELATED INFORMATION