Text

IR 05000295-13-404(DNMS); 05000304-13-404(DNMS); 06/2013 and 02/11/2014, Zion NRC Security Inspection - Cover Letter
	ML14066A087
Person / Time
Site:	Zion File:ZionSolutions icon.png
Issue date:	03/06/2014
From:	Louden P; Division of Nuclear Materials Safety III
To:	Sauger J; ZionSolutions
	Bonano E
References
	EA-14-025 IR-13-404
	Download: ML14066A087 (5)
	v • d • e

OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION

UNITED STATES

NUCLEAR REGULATORY COMMISSION

REGION III

2443 WARRENVILLE RD. SUITE 210

LISLE, IL 60532-4352

March 6, 2014

EA-14-025

Mr. John Sauger, General Manager

Zion Restoration Project

ZionSolutions, LLC

101 Shiloh Boulevard

Zion, IL 60099

SUBJECT: ZION NUCLEAR POWER STATION (PERMANENTLY SHUT DOWN) - NRC

SECURITY INSPECTION REPORT 05000295/2013404(DNMS);

05000304/2013404(DNMS)

Dear Mr. Sauger:

Between June 2013 and February 11, 2014, the U. S. Nuclear Regulatory Commission (NRC)

conducted an inspection of the security program at Zion Nuclear Power Station, which included an

evaluation of your compliance with Title 10 of the Code of Federal Regulations (CFR) Parts 73.21

and 73.22 for the protection of safeguards information (SGI); the inspection included an in-office

review completed on February 11, 2014. The enclosed report documents the inspection results,

which were discussed with Mr. Bouchard and members of your licensing and security

management staff at the conclusion of an on-site inspection on December 9, 2013, and during a

final exit meeting, held by telephone on February 11, 2014.

During this inspection, the NRC staff examined activities conducted under your license related to

public health, safety and security. Additionally, the staff examined your compliance with the

Commissions rules and regulations as well as the conditions of your license. Within these areas,

the inspection consisted of selected examination of procedures and representative records,

observations of activities, and interviews with personnel.

Based on the results of this inspection, an apparent violation was identified and is being

considered for escalated enforcement action in accordance with the NRC Enforcement Policy.

The current Enforcement Policy is included on the NRCs website at http://www.nrc.gov/about-

nrc/regulatory/enforcement/enforce-pol.html. The apparent violation involves security information;

and details about the apparent violation are available in the Inspection Report.

Since the NRC has not made a final determination in this matter, no violation is being issued for

this inspection finding at this time. The circumstances surrounding this apparent violation, the

significance of the issues, and the need for timely, lasting and effective corrective actions were

discussed with you at the inspection exit meeting on February 11, 2014.

Enclosure Contains Sensitive Unclassified

Non-Safeguards Information. When

separated from enclosure, this transmittal

document is decontrolled.

OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION

J. Sauger -2-

Before the NRC makes its enforcement decision, we are providing you an opportunity to

(1) respond to the apparent violation addressed in this inspection report within 30 days of the

date of this letter, (2) request a Pre-decisional Enforcement Conference (PEC), or (3) request

Alternative Dispute Resolution (ADR). If a PEC or ADR is held, the meeting will be closed to

public observation since security-related information will be discussed. If you decide to

participate in a PEC or pursue ADR, please contact Robert J. Orlikowski, Branch Chief of the

Materials Control, ISFSI, and Decommissioning at 630-829-9834 within 10 days of the date of

this letter. A PEC should be held within 30 days and an ADR session within 45 days of the date

of this letter.

If you choose to provide a written response, it should be clearly marked as a Response to an

Apparent Violation in NRC Inspection Reports 05000295/2013404 and 05000304/2013404;

EA-14-025, and should include: (1) the reason for the apparent violation or, if contested, the

basis for disputing the apparent violation; (2) the corrective steps that have been taken and the

results achieved; (3) the corrective steps that will be taken; and (4) the date when full

compliance will be achieved. Your response may reference or include previously docketed

correspondence, if the correspondence adequately addresses the required response. If an

adequate response is not received within the time specified or an extension of time has not

been granted by the NRC, the NRC will proceed with its enforcement decision or schedule a

PEC. In addition, if you choose to provide a written response, please mark your entire

response, Security-Related Information-Withhold from Public Disclosure under Title 10 of the

Code of Federal Regulations (CFR) 2.390. In accordance with 10 CFR 2.390(b)(ii), the NRC is

waiving the affidavit requirements for your response to this letter. To the extent possible, your

response should not include any personal privacy, proprietary, or safeguards information. If

safeguards information is necessary to provide an acceptable response, please provide the

level of protection described in 10 CFR 73.21.

If you choose to request a PEC, the conference will afford you the opportunity to provide your

perspective on these matters and any other information that you believe the NRC should take

into consideration before making an enforcement decision. This conference would be

conducted to obtain information to assist the NRC in making an enforcement decision. The

topics discussed during the conference may include information to determine whether a

violation occurred, information to determine the significance of a violation, information related to

the identification of a violation, and information related to any corrective actions taken or

planned. In presenting your corrective action, you should be aware that the promptness and

comprehensiveness of your actions will be considered in assessing any civil penalty for the

apparent violations.

In lieu of a PEC, you may also request Alternative Dispute Resolution (ADR) with the NRC in an

attempt to resolve this issue. ADR is a general term encompassing various techniques for

resolving conflicts using a third party neutral. The technique that the NRC has decided to

employ is mediation. Mediation is a voluntary, informal process in which a trained neutral (the

mediator) works with parties to help them reach resolution. If the parties agree to use ADR,

they select a mutually agreeable neutral mediator who has no stake in the outcome and no

power to make decisions. Mediation gives parties an opportunity to discuss issues, clear up

misunderstandings, be creative, find areas of agreement, and reach a final resolution of the

OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION

J. Sauger -3-

issues. Additional information concerning the NRC's program can be obtained at

http://www.nrc.gov/about-nrc/regulatory/enforcement/adr.html. The Institute on Conflict

Resolution (ICR) at Cornell University has agreed to facilitate the NRC's program as a neutral

third party. Please contact ICR at 877-733-9415 within 10 days of the date of this letter if you are

interested in pursuing resolution of this issue through ADR.

In addition, please be advised that the number and characterization of apparent violations

described in the enclosed inspection report may change as a result of further NRC review. You

will be advised by separate correspondence of the results of our deliberations on this matter.

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 NRCs Public Document Room or from

the NRCs Agencywide Documents Access and Management System (ADAMS), accessible from

the NRCs 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 enclosure will not be made available electronically for

public inspection in the NRCs Public Document Room or from ADAMS.

If you have any questions concerning this matter, please contact Robert J. Orlikowski of my staff

at 630-829-9834.

Sincerely,

/RA by John B. Giessner Acting for/

Patrick L. Louden, Director

Division of Nuclear Materials Safety

Docket Nos. 05000295, 05000304

License Nos. DPR-39, DPR-48

Enclosure:

Inspection Report No. 050-00295/2013404(DNMS);

050-00304/2013404(DNMS)

cc w/encl: E. Moore, Zion Nuclear Power Station (NPS)

Vice President Regulatory Affairs, Zion NPS

State Liaison Officer, State of Illinois

cc w/o encl: Zion Distribution Service List

OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION

J. Sauger -3-

issues. Additional information concerning the NRC's program can be obtained at

http://www.nrc.gov/about-nrc/regulatory/enforcement/adr.html. The Institute on Conflict

Resolution (ICR) at Cornell University has agreed to facilitate the NRC's program as a neutral

third party. Please contact ICR at 877-733-9415 within 10 days of the date of this letter if you

are interested in pursuing resolution of this issue through ADR.

In addition, please be advised that the number and characterization of apparent violations

described in the enclosed inspection report may change as a result of further NRC review. You

will be advised by separate correspondence of the results of our deliberations on this matter.

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 NRCs Public Document Room or from

the NRCs Agencywide Documents Access and Management System (ADAMS), accessible

from the NRCs 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 enclosure will not be made available electronically

for public inspection in the NRCs Public Document Room or from ADAMS.

If you have any questions concerning this matter, please contact Robert J. Orlikowski of my staff

at 630-829-9834.

Sincerely,

/RA by John B. Giessner Acting for/

Patrick L. Louden, Director

Division of Nuclear Materials Safety

Docket Nos. 05000295, 05000304

License Nos. DPR-39, DPR-48

Enclosure:

Inspection Report No. 050-00295/2013404(DNMS);

050-00304/2013404(DNMS)

cc w/encl: E. Moore, Zion Nuclear Power Station (NPS)

Vice President Regulatory Affairs, Zion NPS

State Liaison Officer, State of Illinois

cc w/o encl: Zion Distribution Service List

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OFFICE RIII DNMS C RIII DMMS C RIII EICS C RIII DNMS C

NAME EABonano:ps*EAB RJOrlikowski*RJO SKOrth*SKO PLLouden*JBGiessner for

DATE 02/28/14 03/05/14 03/04/14 03/06/14

OFFICIAL RECORD COPY

OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION

Letter to John Sauger from Patrick L. Louden dated March 6, 2014

SUBJECT: ZION NUCLEAR POWER STATION (PERMANENTLY SHUT DOWN) - NRC

SECURITY INSPECTION REPORT 05000295/2013404(DNMS);

05000304/2013404(DNMS)

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John Hickman Cheryl McCrary Sarah Bakhsh

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Darrell Roberts Douglas Garner Carole Ariano

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Catherine Scott Patrick Louden MCID Inspectors

Mauri Lemoncelli Jack Giessner

James Wiggins Robert Orlikowski

Garmon West Steven Orth

Shyrl Coker Allan Barker

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ML14066A087

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