ML12254A404
| ML12254A404 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse  |
| Issue date: | 09/07/2012 |
| From: | Reynolds S Division of Reactor Safety III |
| To: | Allen B FirstEnergy Nuclear Operating Co |
| References | |
| EA-12-179 IR-12-403 | |
| Download: ML12254A404 (5) | |
See also: IR 05000346/2012403
Text
OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION
OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION
UNITED STATES
NUCLEAR REGULATORY COMMISSION
REGION III
2443 WARRENVILLE ROAD, SUITE 210
LISLE, IL 60532-4352
September 7, 2012
Mr. Barry Allen
Site Vice President
FirstEnergy Nuclear Operating Company
Davis-Besse Nuclear Power Station
5501 North State Route 2, Mail Stop A-DB-3080
Oak Harbor, OH 43449-9760
SUBJECT:
DAVIS-BESSE NUCLEAR POWER STATION
NRC SECURITY BASELINE INSPECTION REPORT 05000346/2012403(DRS)
PRELIMINARY GREATER THAN GREEN FINDING
Dear Mr. Allen:
On August 10, 2012, the U.S. Nuclear Regulatory Commission (NRC) completed a security
baseline inspection at your Davis-Besse Nuclear Power Station. The inspection covered one or
more of the key attributes of the security cornerstone of the NRCs Reactor Oversight Process.
The enclosed inspection report documents the inspection results, which were discussed on
August 10, 2012, with you and other members of your staff.
The inspection examined activities conducted under your licenses as they relate to security and
compliance with the Commissions rules and regulations and with the conditions of your license.
The inspectors reviewed selected procedures and records, observed activities, and interviewed
personnel.
This report documents a finding that has the potential for significance of greater than very low
security significance (i.e., greater than Green) as determined by the Physical Protection
Significance Determination Process. The final resolution of this finding will convey the
increment in the importance to safety by assigning the corresponding color. The deficiencies
were 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 inspector left
the site.
Enclosure contains Sensitive Unclassified
Non-Safeguards Information. When separated
from enclosure, this transmittal document is
decontrolled.
OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION
OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION
B. Allen
-2-
The finding is also an apparent violation (AV) of NRC requirements and is being considered for
escalated enforcement action in accordance with the NRC Enforcement Policy. The current
Enforcement Policy can be found at the NRCs Web site at http://www.nrc.gov/reading-rm/doc-
collections/enforcement.
A cross-cutting aspect was identified in the area of Human Performance (H.1(b)) because your
staff failed to conduct an effectiveness review of safety significant decisions to verify the validity
of the underlying assumptions, and identify possible unintended consequences.
In accordance with Inspection Manual Chapter (IMC) 0609, Significance Determination Process
(SDP), we intend to complete our evaluation using the best available information and issue our
final determination within 90 days of the date of this letter.
The SDP encourages an open dialogue between the NRC staff and the licensee; however, the
dialogue should not impact the timeliness of the staffs final determination. Before the NRC
makes its enforcement decision, we are providing you an opportunity to either: (1) present to
the NRC your perspectives on the facts and assumptions used by the NRC to arrive at the
finding and its significance at a Regulatory Conference, or (2) submit your position on the
finding to the NRC in writing. If you decline to request a Regulatory Conference or submit a
written response, you relinquish your right to appeal the final SDP determination, in that by not
doing either; you fail to meet the appeal requirements stated in the Prerequisite and Limitation
Section of Attachment 2 of IMC 0609.
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. In the interest of
protecting sensitive, security-related information, if a Regulatory Conference is held, it will not
be open for public observation. If you decide to submit only a written response, such submittals
should be sent to the NRC within 30 days of the receipt of this letter. Because this issue
involves security-related information, if you choose to respond, your response will not be made
available electronically for public inspection in the NRC Public Document Room or the NRCs
document system (ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-
rm/adams.html. If Safeguards Information is necessary to provide an acceptable response,
please provide the level of protection described in 10 CFR 73.22. 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).
Please contact Mel Holmberg, Chief, Plant Support Branch, at (630) 829-9757, and in writing
within 10 days of the date of this letter to notify the NRC of your intended response. If we have
not heard from you within 10 days, we will continue with our significance determination and
enforcement decision and you will be advised by separate correspondence of the results of our
deliberations on this matter.
Since the NRC has not made a final determination in this matter, no Notice of Violation is being
issued for these inspection findings at this time. In addition, please be advised that the number
and characterizations of the AVs described in the enclosed inspection report may change as a
result of further NRC review.
OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION
OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION
B. Allen
-3-
In addition, if you disagree with the cross-cutting aspect assigned to the finding in this report,
you should provide a response within 30 days of the date of this inspection report, with the basis
for your disagreement, to the Regional Administrator, Region III, and the NRC Resident
Inspector at the Davis-Besse Nuclear Power Station.
In accordance with 10 CFR 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 document system, ADAMS.
ADAMS is accessible from the NRC Web site 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 letters
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 Room or from the NRCs
document system, 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).
Should you have any questions concerning this inspection, we will be pleased to discuss them
with you.
Sincerely,
/RA/
Steven A. Reynolds
Division Director
Division of Reactor Safety
Docket No. 50-346
License No. NPF-3
Nonpublic Enclosure: Inspection Report 05000346/2012403(DRS)
w/Attachment: Supplemental Information
cc w/encl:
S. Coker, NSIR/DSO/DDSO/ST
R. Albert, NSIR
T. Dimitriadis, RI
B. Desai, RII
M. Hay, RIV
M. Bear, State Liaison Officer,
Ohio Emergency Management Agency
OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION
OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION
B. Allen
-3-
In addition, if you disagree with the cross-cutting aspect assigned to the finding in this report, you should
provide a response within 30 days of the date of this inspection report, with the basis for your
disagreement, to the Regional Administrator, Region III, and the NRC Resident Inspector at the Davis-
Besse Nuclear Power Station.
In accordance with 10 CFR 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 document system, ADAMS. ADAMS is accessible from
the NRC Web site 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 letters 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 Room or from the NRCs document system, 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).
Should you have any questions concerning this inspection, we will be pleased to discuss them with you.
Sincerely,
/RA/
Steven A. Reynolds
Division Director
Division of Reactor Safety
Docket No. 50-346
License No. NPF-3
Nonpublic Enclosure: Inspection Report 05000346/2012403(DRS)
w/Attachment: Supplemental Information
cc w/encl:
S. Coker, NSIR/DSO/DDSO/ST
R. Albert, NSIR
T. Dimitriadis, RI
B. Desai, RII
M. Hay, RIV
M. Bear, State Liaison Officer,
Ohio Emergency Management Agency
cc w/o encl: Distribution via ListServ TM
DISTRIBUTION w/o encl:
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DOCUMENT NAME: DAV 2012 403 DRS OUO Cover Ltr Only.docx
9 Publicly Available
9 Non-Publicly Available 9 Sensitive 9 Non-Sensitive
To receive a copy of this document, indicate in the concurrence box "C" = Copy without attach/encl "E" = Copy with
attach/encl "N" = No copy
OFFICE
RIII
RIII
RIII
RIII
NAME
JMaynen for NEgan:jb MHolmberg
PLougheed for SOrth SReynolds
DATE
09/07/12
09/07/12
09/07/12
09/07/12
OFFICIAL RECORD COPY
OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION
OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION
Letter to Barry Allen from Steven Reynolds dated September 7, 2012.
SUBJECT:
DAVIS-BESSE NUCLEAR POWER STATION
NRC SECURITY BASELINE INSPECTION REPORT 05000346/2012403(DRS)
PRELIMINARY GREATER THAN GREEN FINDING
DISTRIBUTION w/o encl:
RidsNrrDorlLpl3-2 Resource
RidsNrrPMDavisBesse Resource
RidsNrrDirsIrib Resource
Chuck Casto
Cynthia Pederson
DRPIII
DRSIII
Patricia Buckley
Dave Furst
ROPassessment.Resource@nrc.gov