ML13186A141

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NRC Security Inspection Report 05000334-13-201 and 05000412-13-201 Preliminary Greater than Green
ML13186A141
Person / Time
Site: Beaver Valley
Issue date: 08/08/2013
From: Patricia Holahan
Division of Security Operations
To: Emily Larson
FirstEnergy Nuclear Operating Co
Dexter, Robert (301) 287-3685
References
EA-13-133 IR-13-201
Download: ML13186A141 (5)


See also: IR 05000334/2013201

Text

SAFEGUARDS INFORMATION

SAFEGUARDS INFORMATION

August 8, 2013

EA-13-133

Mr. Eric Larson

Site Vice President

FirstEnergy Nuclear Operating Company

Beaver Valley Power Station

Mail Stop A-BV-SEB1

Route 168

Shippingport, PA 15077

SUBJECT:

BEAVER VALLEY POWER STATION, UNITS 1 AND 2 - NRC SECURITY

INSPECTION REPORT 05000334/2013201 AND 05000412/2013201

PRELIMINARY GREATER THAN GREEN

Dear Mr. Larson:

On June 26, 2013, the U.S. Nuclear Regulatory Commission (NRC) completed an inspection at

your Beaver Valley Power Station, Units 1 and 2. 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 via

telephone on June 26, 2013, with you and other members of your staff.

NRC inspectors examined activities conducted under your license 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.

The attached report documents one finding that has been preliminarily determined to be greater

than Green (i.e., a finding of greater than very low significance) that may result in the need for

further evaluation to determine significance and, therefore, the need for additional NRC action.

The finding was assessed based on the best available information, using the Physical

Protection Significance Determination Process. This deficiency was promptly 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 inspectors left the area.

The finding is also an apparent violation of NRC requirements and is being considered for

escalated enforcement action in accordance with the NRCs Enforcement Policy, which can be

found on the NRCs Web site at: http://nrc.gov/reading-rm/doc-collections/enforcement.

The enclosure transmitted herewith contains Safeguards Information. When separated from

the enclosure, this transmittal document is decontrolled.

SAFEGUARDS INFORMATION

E. Larson

- 2 -

SAFEGUARDS INFORMATION

In accordance with NRC 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 of security significance within 90 days of this letter. The

significance determination process 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 we make our final significance determination, we are providing you with an opportunity to

(1) attend a regulatory conference where you can present to the NRC your perspective on the

facts and assumptions the NRC used to arrive at the finding and assess its significance; or

(2) submit your position on the finding to the NRC in writing. 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 1 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 a submittal should be sent to

the NRC within 30 days of your receipt of this letter. 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 sections of Attachment 2 of IMC 0609.

Please contact Mr. Robert C. Johnson at (301) 287-3688, and in writing, within 10 days from the

issue date of this letter to notify the NRC of your intentions. If we have not heard from you

within 10 days, we will continue with our significance determination and enforcement decision.

The final resolution of this matter will be conveyed in a separate correspondence.

Because 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 characterization of the apparent violation(s) may change as a result of further NRC

review.

In addition, six NRC-identified findings of very low security significance (i.e., Green as

determined by the Physical Protection Significance Determination Process) were identified

during this inspection. The deficiencies were promptly 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 inspectors left the area.

These findings were determined to involve violations of NRC requirements. However, the NRC

is treating the violations as non-cited violations (NCVs) consistent with Section 2.3.2 of the NRC

Enforcement Policy.

If you contest the violations or significance of these NCVs, you should provide a response within

30 days of the date of this inspection report, with the basis for your denial, to the U.S. Nuclear

Regulatory Commission, ATTN: Document Control Desk, Washington DC 20555-0001; with

SAFEGUARDS INFORMATION

E. Larson

- 3 -

SAFEGUARDS INFORMATION

copies to the Regional Administrator, Region I; the Director, Office of Enforcement, U.S. Nuclear

Regulatory Commission, Washington, DC 20555-0001; and the NRC Resident Inspectors at the

Beaver Valley Power Station.

Five cross-cutting aspects were assigned to findings. The first finding had a cross-cutting

aspect in the area of Human Performance, Decision Making H.1(b) The second finding had a

cross-cutting aspect in the area of Problem Identification and Resolution because the licensee

failed to conduct comprehensive self-assessments P.3(a). The third finding had a

cross-cutting aspect in the area of Problem Identification and Resolution because the licensee

failed to identify issues completely and accurately P.1(a). The fifth finding had a

cross-cutting aspect in the area of Problem Identification and Resolution because the licensee

failed to systematically collect, evaluate and communicate P.2(a). The sixth finding had a

cross-cutting aspect in the area of Problem Identification and Resolution because the licensee

failed to implement Operating Experience through changes to station procedures P.2(b). If you

disagree with a cross-cutting aspect assignment 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

Director, Office of Nuclear Security and Incident Response (NSIR); and to the Branch Chief,

Security Performance Evaluation Branch, Division of Security Operations, NSIR.

In accordance with Title 10 of the Code of Federal Regulations (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 Documents Room or from the Publicly Available Records (PARS) component of

NRC's Agencywide Documents Access and Management 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, the material enclosed herewith contains Safeguards Information as defined by

10 CFR 73.21 and its disclosure to unauthorized individuals is prohibited by Section 147 of the

Atomic Energy Act of 1954, as amended. Therefore, the material in the enclosure will not be

made available electronically for public inspection in the NRC Public Document Room or from

the PARS component of NRC's ADAMS. If you choose to provide a response and Safeguards

Information is necessary to provide an acceptable response, please provide the level of

protection described in 10 CFR 73.21. Otherwise, if security-related information is necessary to

provide an acceptable response, please mark your entire response Security-Related

SAFEGUARDS INFORMATION

E. Larson

- 4 -

SAFEGUARDS INFORMATION

Information - Withhold from Public Disclosure under 10 CFR 2.390 in accordance with

10 CFR 2.390(d)(1) and 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.

Sincerely,

/RA/

Patricia K. Holahan, Director

Division of Security Operations

Office of Nuclear Security and Incident Response

Docket Nos. 50-334, 50-412

License Nos. DPR-66, NPF-73

Nonpublic Enclosure: Inspection Report 05000334/2013201 and 05000412/2013201

w/Attachments: Supplemental Information

cc w/encl: D. Craine, Security Manager

ML13186A141

OFFICE

NSIR/DSO/SPEB

NSIR/DSO

NSIR/DSO/SPEB

RI

NSIR/DSO/SPEB

NSIR/DSO

NAME

R. Dexter

J. Curry

J. Willis

A. Dimitriadis

C. Johnson

P. Holahan

DATE

7/5/13

7/5/13

7/9/13

8/2/13

8/5/13

8/8/13