IR 05000327/2013407

Final Significance Determination For A Security-Related Greater Than Green Finding And Notice Of Violation; Sequoyah Nuclear Plant, U.S. Nuclear Regulatory Commission Inspection Report 05000327-13-407 And 05000328-13-407

ML13163A167
Person / Time
Site:	Sequoyah
Issue date:	06/12/2013
From:	McCree V M NRC/RGN-II
To:	Shea J W Tennessee Valley Authority
Linda K. Gruhler 404-997-4633
References
EA-13-044 IR-13-407
Download: ML13163A167 (5)

Text

June 12, 2013

EA-13-044

Mr. JosephVice President, Nuclear Licensing Tennessee Valley Authority 1101 Market Street, LP 3D-C Chattanooga, TN 37402-2801

SUBJECT: FINAL SIGNIFICANCE DETERMINATION FOR A SECURITY-RELATED GREATER THAN GREEN FINDING AND NOTICE OF VIOLATION; SEQUOYAH NUCLAR PLANT, U.S. NUCLEAR REGULATORY COMMISSION INSPECTION REPORT 05000327/2013407 AND 05000328/2013407

Dear Mr. Shea:

This letter provides you the final results of our significance determination for the preliminary Greater than Green finding identified in the U.S. Nuclear Regulatory Commission's (NRC)

Inspection Report (IR) number 05000327, 328/2013404 dated March 18, 2013. This preliminary Greater than Green finding was discussed in detail in Section 3S05 of IR 05000327, 328/2013404.

At your request, a Regulatory Conference was held on May 22, 2013, to discuss the Tennessee Valley Authority's (TVA) views on this issue. During the meeting, TVA described its 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 crosscutting aspect, in the area of Human Performance, because the licensee failed to use a systematic process when faced with uncertain or unexpected plant conditions to ensure security was maintained. (Section H.1(a))

Enclosure(s) transmitted herewith contains(s) SUNSI. When separated from enclosure(s), this transmittal document is decontrolled.You have 30 calendar days from the date of this letter to appeal the staff's 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 (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. The NRC has also determined that the finding constitutes a violation of NRC regulations 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 then Green finding. The NRC has concluded that information regarding the reasons for the violation, the corrective actions taken or planned to correct the violation and prevent recurrence, and the date when full compliance was restored, was adequately addressed in the information presented by TVA at the conference. Therefore you are not required to respond to this letter unless the description herein 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.

Because plant performance for this issue has been determined to be beyond the licensee response band, we will use the NRC's 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 NRC's Public Document Room, or from the NRC's Agencywide Documents and Access Management System (ADAMS), accessible from the NRC Website 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 inthe NRC Public Document Room, or in the NRC's 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).

Sincerely,/RA/ Victor M. McCree Regional Administrator Docket Nos. 50-327 and 50-328 License Nos. DPR-77 and DPR-79

Enclosures:

1. Notice of Violation (OUO-SRI) 2. Evaluation of Regulatory Conference Information (OUO-SRI) cc: See page 4the NRC Public Document Room, or in the NRC's 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).

Sincerely,/RA/ Victor M. McCree Regional Administrator Docket Nos. 50-327 and 50-328 License Nos. DPR-77 and DPR-79

Enclosures:

1. Notice of Violation (OUO-SRI) 2. Evaluation of Regulatory Conference Information (OUO-SRI) cc: See page 4 DISTRIBUTION: D. Huyck, RII Regional Coordinator, 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. Halter, NRR P. Milano, NRR R. Pascarelli, NRR B. Westreich, NSIR C. Scott, OGC D. Decker, OCA V. McCree, RII L. Wert, RII R. Croteau, RII T. Reis, RII S. Shaeffer, RII G. Smith, RII C. Kontz, RII S. Sparks, RII C. Evans, RII L. Douglas, RII B. Desai, RII R. Patterson, RII A. Richardson, RII J. Shehee, RII D. Furst, OE S. Coker, NSIR R. Albert, NSIR OE Mail RIDSNRRDIRS RidsNrrPMSequoyah Resource PUBLIC (OUO Removed) X PUBLICLY AVAILABLE (OUO REMOVED) NON-PUBLICLY AVAILABLE SENSITIVE X NON-SENSITIVE X Yes ADAMS ACCESSION NUMBER: ML13163A167 X SUNSI REVIEW COMPLETE X FORM 665 ATTACHED OFFICE RII:DRS/PSB2 RII:DRS DRS: ORA/EICSRII:ORA RII:ORA HQ:OE HQ:NSIR SIGNATURE BBD HOC for TXR CFE LXW1 VMM DXF4 via e-mailBCW via e-mail NAME B. Desai T. Reis C. Evans L. Wert V. McCree D. Furst B. Westreich DATE 5/ 30 /2013 6/ 3 /2013 6/ 4 /2013 6/ 3 /2013 6/ 7 /2013 6/ 6 /2013 6/ 5 /2013 E-MAIL COPY YES NO YES NO YES NO YES NO YES NO YES NO YES NO OFFICIAL RECORD COPY DOCUMENT NAME: G:\DRSII\PSBII\REACTORS\SEQUOYAH\ENFORCEMENT\2013 REG CONFERENCE\SEQ EA-13-044 PUBLIC REVISION 1.DOCX 4 cc:

John T. Carlin Site Vice President Sequoyah Nuclear Plant Tennessee Valley Authority P.O. Box 2000, OPS 4A-SQN Soddy-Daisy, TN 37384-2000

Michael McBrearty Manager, Site Licensing Sequoyah Nuclear Plant Tennessee Valley Authority P.O. Box 2000, OPS 4C-SQN Soddy Daisy, TN 37384-2000 Mark Fencl General Manager, Security Operations Tennessee Valley Authority 1101 Market Street, EB 10B-C Chattanooga, TN 37402-2801 Frank A. Little Site Security Manager Sequoyah Nuclear Plant Tennessee Valley Authority P.O. Box 2000 Soddy Daisy, TN 37384-2000