IR 05000255/2016407

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Temporary Instruction 2800/041; Inspection Report and Exercise of Enforcement Discretion 05000255/2016407 (Cover Letter Only)
ML16215A422
Person / Time
Site: Palisades 
Issue date: 08/02/2016
From: O'Brien K
Division of Reactor Safety III
To: Vitale A
Entergy Nuclear Operations
References
EA-16-149 IR 2016407
Download: ML16215A422 (4)


Text

UNITED STATES NUCLEAR REGULATORY COMMISSION

REGION III

2443 WARRENVILLE RD. SUITE 210 LISLE, IL 60532-4352 August 2, 2016

EA-16-149 Mr. Anthony Vitale Vice President, Operations Entergy Nuclear Operations, Inc.

Palisades Nuclear Plant 27780 Blue Star Memorial Highway Covert, MI 49043-9530 SUBJECT: PALISADES NUCLEAR PLANT - TEMPORARY INSTRUCTION 2800/041, 10 CFR PART 37, PHYSICAL PROTECTION OF CATEGORY 1 AND CATEGORY 2 QUANTITIES OF RADIOACTIVE MATERIAL AT FACILITIES WITH A 10 CFR PART 73, PHYSICAL PROTECTION PROGRAM; INSPECTION REPORT AND EXERCISE OF ENFORCEMENT DISCRETION 05000255/2016407

Dear Mr. Vitale:

On July 6, 2016, the U.S. Nuclear Regulatory Commission (NRC) completed an inspection at your Palisades Nuclear Plant using Temporary Instruction 2800/041, Title 10 of the Code of Federal Regulations (10 CFR) Part 37, Physical Protection of Category 1 and Category 2, Quantities of Radioactive Material at Facilities with a 10 CFR Part 73, Physical Protection Program. The enclosed inspection report documents the results of the inspection, which were discussed on July 6, 2016, with you and other members of your staff.

The inspection examined activities conducted under your license as they relate to the implementation of 10 CFR Part 37, your compliance with the Commissions rules and regulations, and with the conditions of your operating license. Within these areas, the inspection involved examination of selected procedures and representative records, observations of activities, and interviews with personnel.

One licensee-identified violation, which was determined to be of very low significance (Severity Level IV), is documented in this report. This violation met the criteria specified in NRC Enforcement Guidance Memorandum 14-001, Interim Guidance for Dispositioning 10 CFR Part 37, Violations with Respect to Large Components or Robust Structures Containing Category 1 or Category 2 Quantities of Material at Power Reactor Facilities Licensed under 10 CFR Parts 50 and 52. Therefore, I have been authorized, after consultation with the Director, Office of Enforcement, and the Regional Administrator, to exercise enforcement discretion for this violation and the NRC is not taking enforcement action for the noncompliance.

In accordance with Title 10 of the Code of Federal Regulations (10 CFR) 2.390, Public Inspections, Exemptions, Requests for Withholding, of the NRC's "Rules of Practice," a copy of this letter will be available electronically for public inspection in the NRCs Public Document Enclosure contains Sensitive Unclassified Non-Safeguards Information.

When separated from enclosure, this transmittal document is decontrolled. Room or from the Publicly Available Records (PARS) component of the 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 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 NRC Public Document Room or from the PARS component of NRC's ADAMS. If you choose to provide a response and Security-Related Information is necessary to provide an acceptable response, please mark your entire response Security-Related 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.

Should you have any questions regarding this inspection, we will be pleased to discuss the issues with you.

Sincerely,

/RA Mohammed Shuaibi Acting for/

Kenneth G. OBrien, Director Division of Reactor Safety

Docket No. 50-255 License No. DPR-20 Nonpublic Enclosure:

IR 05000255/2016406

cc: K. Yale, State Liaison Officer,

State of Michigan

cc w/o encl: Distribution via LISTSERV Room or from the Publicly Available Records (PARS) component of the 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 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 NRC Public Document Room or from the PARS component of NRC's ADAMS. If you choose to provide a response and Security-Related Information is necessary to provide an acceptable response, please mark your entire response Security-Related 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.

Should you have any questions regarding this inspection, we will be pleased to discuss the issues with you.

Sincerely,

/RA Mohammed Shuaibi Acting for/

Kenneth G. OBrien, Director Division of Reactor Safety

Docket No. 50-255 License No. DPR-20 Nonpublic Enclosure:

IR 05000255/2016406

cc: K. Yale, State Liaison Officer,

State of Michigan

cc w/o encl: Distribution via LISTSERV DISTRIBUTION:

N. Simonian, NSIR/DSO/DDSO/ST E. Wharton, NSIR R. McKinley, RI B. Desai, RII C. Pederson, RIII D. Roberts, RIII M. Haire, RIV D. Furst, OE/EB

DISTRIBUTION w/o encl:

See next page

ADAMS Accession Number: ML16215A422 Publicly Available Non-Publicly Available Sensitive 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 RIII

NAME JCassidy for GHansen:jw JCassidy RSkokowski SOrth MShuaibi for KOBrien DATE 08/01/16 08/01/16 08/02/16 08/01/16 08/02/16 OFFICIAL RECORD COP Letter to Mr. Anthony Vitale from Mr. Kenneth G. OBrien dated August 2, 2016 SUBJECT: PALISADES NUCLEAR PLANT - TEMPORARY INSTRUCTION 2800/041, 10 CFR PART 37, PHYSICAL PROTECTION OF CATEGORY 1 AND CATEGORY 2 QUANTITIES OF RADIOACTIVE MATERIAL AT FACILITIES WITH A 10 CFR PART 73, PHYSICAL PROTECTION PROGRAM; INSPECTION REPORT AND EXERCISE OF ENFORCEMENT DISCRETION 05000255/2016407 DISTRIBUTION w/o encl:

Jeremy Bowen RidsNrrPMPalisades Resource RidsNrrDorlLpl3-1 Resource RidsNrrDirsIrib Resource Richard Skokowski Allan Barker Carole Ariano Linda Linn DRPIII DRSIII ROPreports.Resource@nrc.gov