IR 05000285/2011406

EA-11-246 - Fort Calhoun Station - Final Significance Determination for Security-Related Greater than Green Findings, NRC Inspection Report 05000285-11-406 and Notice of Violation

ML12108A186
Person / Time
Site:	Fort Calhoun
Issue date:	04/16/2012
From:	Collins E Region 4 Administrator
To:	Bannister D Omaha Public Power District
References
EA-11-246 IR-11-406
Download: ML12108A186 (2)

Text

FOR UNITED STATES NU C LE AR RE G UL AT O RY C O M M I S S I O N ril 16, 2012

SUBJECT:

FORT CALHOUN STATION - FINAL SIGNIFICANCE DETERMINATION FOR SECURITY-RELATED GREATER THAN GREEN FINDINGS, NRC INSPECTION REPORT 05000285/2011406 AND NOTICE OF VIOLATION

Dear Mr. Bannister:

This letter provides you the final results of our significance determination of the preliminary Greater than Green findings identified in our previous communication dated February 14, 2012, which included the subject inspection report. These Greater than Green findings were discussed in detail in Sections 3.0 and 3.1 of the subject inspection report.

On March 15, 2012, you provided additional information regarding the findings. In this letter you stated that Omaha Public Power District agrees with the descriptions of the apparent violations, the significance of the violations, and the assigned crosscutting aspects. In addition, you declined your opportunity to discuss this issue in a Regulatory Conference.

After considering the information developed during the inspection, and the information you provided in your March 15 letter, the NRC has concluded that the inspection findings are appropriately characterized as Greater than Green, a finding having more than very low security significance. Fort Calhoun Station is currently shutdown and in the oversight process described by Inspection Manual Chapter 0350, Oversight of Reactor Facilities in a Shutdown Condition Due to Significant Performance and/or Operational Concerns. Therefore, follow up inspection activities related to these findings will be incorporated into the Inspection Manual Chapter 0350 restart and inspection process. FOR FOR You have 30 calendar days from the date of this letter to appeal the staffs determination of significance for the identified Greater than Green findings. Such appeals will be considered to have merit only if they meet the criteria given in NRC Inspection Manual Chapter 0609, Attachment 2.

The NRC has also determined that the conditions discussed are violations of 10 CFR 73.21(a),

and 10 CFR 73.55(b)(10), as cited in the attached Notice of Violation (Notice). The circumstances surrounding the violations are described in detail in the subject inspection report.

In accordance with the NRC Enforcement Policy, the Notice of Violation is considered escalated enforcement action because it is associated with Greater than Green findings.

You are required to respond to this letter and should follow the instructions specified in the enclosed Notice when preparing your response.

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 Agencywide Documents and Access Management System (ADAMS). ADAMS is accessible from the NRC Web site at www.nrc.gov/reading-rm/adams.html (the Public Electronic Reading Room). 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 enclosure will not be made available electronically for public inspection in the NRC Public Document Room or from 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).

In accordance with 10 CFR 2.390(b)(1)(ii), the NRC is waiving the affidavit requirements for your response. You may contact Michael Hay of my staff at 817-200-1215 with any questions.

Sincerely,

/RA/

Elmo E. Collins Regional Administrator Docket: 50-285 License: DPR-40 Enclosures:

1. Notice of Violation 2. NRC Evaluations and Conclusions cc w/o enclosures: Electronic Distribution FOR