IR 05000341/2014407
| ML14150A041 | |
| Person / Time | |
|---|---|
| Site: | Fermi  |
| Issue date: | 05/29/2014 |
| From: | Pederson C NRC/RGN-III |
| To: | Plona J DTE Electric Company |
| Lougheed, V. | |
| References | |
| EA-14-022 IR-14-407 | |
| Download: ML14150A041 (6) | |
Text
May 29, 2014
SUBJECT:
FINAL SIGNIFICANCE DETERMINATION OF A GREATER THAN GREEN FINDING AND NOTICE OF VIOLATION; NRC INSPECTION REPORT NO. 05000341/2014407; FERMI POWER PLANT UNIT 2
Dear Mr. Plona:
This letter provides the final significance determination of the preliminary Greater than Green finding identified in our previous communication dated March 18, 2014, which included U.S. Nuclear Regulatory Commission (NRC) Inspection Report No. 05000341/2013408. This Greater than Green finding was discussed in detail in that inspection report.
At your request, a Regulatory Conference was held on April 14, 2014, to further discuss your views on this issue. During the meeting, your staff acknowledged that a violation of NRC requirements had occurred, stated that corrective actions had been taken to resolve it, and briefly discussed the root cause of the finding. The majority of the meeting was spent describing your assessment of the significance of the finding. The handout provided at the meeting has been placed in the NRCs Agencywide Documents Access and Management System (ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. However, because the material included security-related information, as defined in 10 CFR 2.390(d)(1), only the initial slides are available to the public at Accession Number ML14104A086. A list of attendees at the conference is included in Enclosure 1.
After considering the information developed during the inspection and the information you provided at the Regulatory Conference, the NRC has concluded that the inspection finding is of
Enclosures 2 and 3 contain Sensitive Unclassified Non-Safeguards Information. Upon separation, this cover letter and Enclosure 1 are decontrolled. at least low to moderate security significance, and is appropriately characterized as Greater than Green. Further details regarding the NRC's assessment of the information provided during the Regulatory Conference and determination of the final significance can be found in Enclosure 2 (non-public). Because this issue has been determined to be beyond the licensee response column, we will use the NRC's Action Matrix to determine the most appropriate NRC response. We will notify you, by separate correspondence, of that determination.
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 the NRC Inspection Manual Chapter 0609, Attachment 2. An appeal must be sent in writing to the Regional Administrator, Region III, Suite 210, 2443 Warrenville Road, Lisle, IL 60532.
The NRC has also determined that the condition discussed is a violation of NRC requirements, as cited in the Notice of Violation (Notice) provided in Enclosure 3 (Non-public). In accordance with the NRC Enforcement Policy, the Notice is considered escalated enforcement action because it is associated with a Greater than Green finding.
The NRC has concluded that information regarding the reasons for the violation, the corrective actions taken and planned to be taken to correct the violation, and the date when full compliance was achieved is already adequately addressed on the docket in NRC Inspection Report No. 05000341/2013408(DRS) and during the conference. Your corrective actions will be reviewed during the supplemental inspection. Therefore, you are not required to respond to this letter unless the description therein 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.
For administrative purposes, this letter is issued as NRC Inspection Report No. 05000341/
2014407(DRS). Additionally, apparent violation (AV)05000341/2013408-01 is now closed, and violation (VIO)05000341/2013408-01 is opened in its place.
In accordance with 10 CFR 2.390 of the NRC's Rules of Practice, a copy of this letter and Enclosure 1 will be made available electronically for public inspection in the NRC Public Document Room or from ADAMS. However, because the material in Enclosures 2 and 3 is considered security-related information, as defined in 10 CFR 2.390(d)(1), its disclosure to unauthorized individuals could present a security vulnerability. Therefore, the material in these enclosures will not be made available electronically for public inspection. Additionally, if you choose to respond and 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, if any.
Sincerely,
/RA/
Cynthia D. Pederson Regional Administrator
Docket No. 50-341 License No. NPF-43
Enclosures:
1. Regulatory Conference Attendees 2. Final Significance Determination (non-public)
3. Notice of Violation (non-public)
cc w/ encls: K. Yale, State Liaison Officer, State of Michigan
cc w/ encl 1: Distribution via ListServ REGULATORY CONFERENCE ATTENDEES Enclosure 1 DTE Electric Company
J. Todd Conner, Site Vice President Herbert Torberg, Nuclear Security Manager Zackary Rad, Nuclear Licensing Manager Archana Manoharan, Nuclear Licensing Engineer
Nuclear Regulatory Commission
Cynthia Pederson, Regional Administrator, Region III Gary Shear, Division Director, Division of Reactor Safety (DRS)
Steven Orth, Enforcement Officer Richard Skokowski, Chief, Plant Support Branch, DRS Ronald Albert, Chief, Nuclear Security Oversight Branch, Office of Nuclear Security and Incident Response Gregory Hansen, Security Inspector, Plant Support Branch, DRS Nathan Egan, Security Inspector, Plant Support Branch, DRS Donald Funk, Senior Security Inspector, Plant Support Branch, DRS Fahed Al Bloushi, NRC Foreign Assignee (UAE)
Patricia Lougheed, Enforcement Coordinator Michael Kunowski, Chief, Branch 5, Division of Reactor Projects Scott Kryk, Senior Investigator, Office of Investigations In accordance with 10 CFR 2.390(b)(1)(ii), the NRC is waiving the affidavit requirements for your response, if any.
Sincerely,
/RA/
Cynthia D. Pederson Regional Administrator
Docket No. 50-341 License No. NPF-43
Enclosures:
1. Regulatory Conference Attendees 2. Final Significance Determination (non-public)
3. Notice of Violation (non-public)
cc w/ encls: K. Yale, State Liaison Officer, State of Michigan
cc w/ encl 1: Distribution via ListServ
FILE NAME: EA-14-022 Fermi Final Action (Cover Ltr & Enc 1).docx OFFICE RIII RIII RIII D:NSIR D:OE RIII RIII NAME Lougheed Funk for Skokowski Shuaibi for Shear Holahan for Wiggins1 Furst for Zimmerman2 Orth Pederson DATE 04/29/14 04/29/14 04/30/14 05/09/14 05/20/14 05/23/14 05/26/14 OFFICIAL RECORD COPY
1 NSIR concurrence provided via email from S. Coker on May 20, 2014 2 OE concurrence provided via email from D. Furst on May 20, 2014 Letter to Joseph Plona from Cynthia D. Pederson dated May 29, 2014
SUBJECT: FINAL SIGNIFICANCE DETERMINATION OF A GREATER THAN GREEN FINDING AND NOTICE OF VIOLATION; NRC INSPECTION REPORT NO. 05000341/2014407; FERMI POWER PLANT UNIT 2 DISTRIBUTION:
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