IR 05000382/2019412
| ML20029D472 | |
| Person / Time | |
|---|---|
| Site: | Waterford  |
| Issue date: | 01/28/2020 |
| From: | Mary Muessle Division of Nuclear Materials Safety IV |
| To: | Vazquez S Entergy Operations |
| References | |
| EA-19-129 IR 2019412 | |
| Preceding documents: |
|
| Download: ML20029D472 (3) | |
Text
January 28, 2020
SUBJECT:
WATERFORD STEAM ELECTRIC STATION, UNIT 3 - NRC SECURITY INSPECTION REPORT 05000382/2019412
Dear Mr. Vazquez:
This letter refers to the inspection conducted by the U.S. Nuclear Regulatory Commission (NRC) of your Waterford Steam Electric Station, Unit 3, from September 30 through November 22, 2019. The purpose of the inspection was to ensure compliance of your security programs as required by Title.10 of the Code of Federal Regulations ( 10 CFR) Part 37 when preparing radioactive material in quantities of concern for transit. The enclosed report presents the results of this inspection. An*exit briefing was conducted telephonically with you and other members of your staff on December 19, 2019.
Based on the results of this inspection, apparent violations were identified and are being considered for escalated enforcement action in accordance with the NRC Enforcement Policy.
The current Enforcement Policy is included on the NRC's Web site at http://www.nrc.gov/about-nrc/regulatory/enforcement/enforce-pol.html. The app~rent violations involved security-related requirements and are discussed in the non-public enclosure. The circumstances surrounding these apparent violations, the significance of the issues, and the need for lasting and effective corrective action were discussed with you and members of your staff during the exit meeting on December 19, 2019.
Before the NRC makes its enforcement decision, we are providing you with an opportunity to (1) request a predecisional enforcement conference or (2) request alternative dispute resolution.
If a predecisional enforcement conference is held, the NRC will issue a press release to announce the time and date of the conference; however, the predecisional enforcement conference will be closed to public observation since security-related information will be discu~sed. Please contact Mr. Greg Warnick, Chief, Reactor Inspection Branch, at 817-200-1249 within 10 days of the date of this letter to let us know whether you decide to participate in a predecisional enforcement conference or request alternative dispute resolution.
A predecisional enforcement conference should be held within 30 days and an alternative dispute resolution session within 45 days of the date of this letter.
"Enclosure transmitted herewith contains SUNSI. When separated from the enclosure,. this transmittal do~.~ment is decontrolled."
\\ ' SECURITV*RELATEI:) tNFORMA'flON
S. Vasquez 8FFIGIAL USE ONLY SEGURITY-RELAT~D INFORMATION
If you choose to request a predecisional enforcement conference, 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. The decision to hold a predecisional enforcement conference does not mean that the NRC has determined that violations have occurred or that enforcement action will be taken. 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 violations occurred, information to determine the significance of the violations, information related to the identification of the violations, and information related to any corrective actions taken or planned. In presenting your corrective actions, 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 predecisional enforcement conference, you may request alternative dispute resolution with the NRC in an attempt to resolve this issue. Alternative dispute resolution is a general term encompassing various techniques for resolving conflicts using a neutral third party.
The technique that the NRC has decided to employ is mediation. Mediation is a voluntary, informal process in which a trained neutral mediator works with parties to help them reach resolution. If the parties agree to use alternative dispute resolution, 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 issues.
Additional information concerning the NRC's alternative dispute resolution program can be obtained at http://www.nrc.gov/about-nrc/requlatory/enforcement/adr.html, as well as NRC brochure NUREG/BR-0317, "Enforcement Alternative Dispute Resolution Program," Revision 2 (Agencywide Documents Access and Management System (ADAMS) Accession ML18122A101). The Institute on Conflict Resolution at Cornell University has agreed to facilitate the NRC's program as a neutral third party. Please contact the Institute on Conflict Resolution at 877-733-9415 within 10 days of the date of this letter if you are interested in pursuing resolution of this issue through alternative dispute resolution.
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 addition, the NRC inspectors documented a finding of very low safety significance (Green) in this report. This finding involved a violation of NRC requirements as applied to U.S. Department of Transportation regulations. The NRC is treating this violation as a non-cited violation consistent with Section 2.3.2.a of the Enforcement Policy.
If you contest the non-cited violation or its significance, you should provide a response within 30 calendar 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 copies to the Regional Administrator, Region IV; the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; and the NRC resident inspector at the Waterford Steam Electric Station, Unit 3.== SECURIT¥-RELATED INFORMATION
S. Vasquez SEGURITY-REl:ATE9 INFORMATION
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 U.S. Nuclear Regulatory Commission, AnN: Document Control Desk, Washington, DC 20555-0001; with copies to the Regional Administrator, Region IV; and the NRC resident inspector at the Waterford Steam Electric Station, Unit 3.
In accordance with 10 CFR 2.390 of the NRC's "Agency Rules of Practice and Procedure," a copy of this letter will be made available electronically for public inspection in the NRC Public Document Room or from the NRC's ADAMS, accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. To the extent possible, your response should not include any personal privacy, proprietary, or safeguards information so that it can be made available to the public without redaction. 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 NRC's ADAMS.
If you have any questions concerning this matter, please contact Mr. Greg Warnick, Chief, Reactor Inspection Branch, at 817-200-1249.
Docket No. 50-382 License No. NPF-38 Nonpublic Enclosure:
Inspection Report 05000382/2019412 w/Attachment: Supplemental Information cc w/o enclosure:
Electronic Distribution cc w/enclosure:
Mr. Andre James Manager, Security Entergy Operations, Inc.
17265 River Road Killona, LA 70057-0751
Sincerely, j~~
b Mary C. Muessle, Direct&'-'
Division of Nuclear Materials Safety
- .,*
8FFICIAL USE ONLY' SECURITY-RELATED.INFORMATION
.
l