ML22031A171
| ML22031A171 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse  |
| Issue date: | 01/31/2022 |
| From: | Jack Giessner NRC/RGN-III |
| To: | Tony Brown Energy Harbor Nuclear Corp |
| References | |
| EA-21-105 | |
| Download: ML22031A171 (6) | |
Text
OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION OFFICIAL USE ONLY - SECURITY-RELATED INFORMATIONEA-21-105 Mr. Terry Brown Site Vice President Energy Harbor Nuclear Corp.
Davis-Besse Nuclear Power Station 5501 N. State Rte. 2, Mail Stop A-DB-3080 Oak Harbor, OH 43449-9760
SUBJECT:
DAVIS-BESSE NUCLEAR POWER STATION - FINAL SIGNIFICANCE DETERMINATION FOR A SECURITY-RELATED GREATER THAN GREEN FINDING, NOTICE OF VIOLATION, ASSESSMENT FOLLOW UP LETTER; NRC CYBER SECURITY INSPECTION REPORT 05000346/2021405)
Dear Mr. Brown:
This letter provides the results of our significance determination of the preliminary Greater than Green finding identified in our previous communication dated October 7, 2021, which included the cyber security Inspection Report 05000346/2021401 (Non-public). This Greater than Green finding was discussed in detail in Section 71130.10 of the report.
At your request, a Regulatory Conference was held on December 6, 2021, to discuss your views on this issue. During the meeting your staff described your assessment of the significance of the finding and that you did not agree with the NRCs significance of the finding.
In addition, your staff provided the status on the development of corrective actions, the root cause evaluation of the finding, and acknowledged the need for improvement. Enclosed are the following:
- 1. A summary of the Regulatory Conference (Public);
- 2. Final Significance Determination (Non-Public);
- 3. Notice of Violation (Non-Public);
- 4. A copy of the presentation you provided at the conference (Non-Public);
- 5. A copy of your answers to questions the NRC asked at the Regulatory Conference (Non-Public); and
- 6. A copy of the NRCs presentation at the conference (Non-Public).
After considering the information developed during the inspection, the information you provided at the Regulatory Conference, and your answers addressing questions provided by the NRC Enclosures 2, 3, 4, 5, and 6 contain Sensitive Unclassified Non-Safeguards Information.
When separated from enclosure 2, 3,4, 5, and 6 this letter and Enclosure 1 are decontrolled.January 31, 2022 OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION
T. Brown during the Regulatory Conference, the NRC has concluded that the finding is appropriately characterized as Greater than Green, a finding of greater than very low safety significance. The specifics of the basis for this conclusion are provided in Enclosure 2, Final Significance Determination (Non-Public). In addition, Enclosure 2 includes a discussion of an Unresolved Item for future NRC inspection follow up based on the NRCs review of all the information you provided.
According to NRC Inspection Manual Chapter (IMC) 0609, appeal rights only apply to those licensees that have either attended a Regulatory Conference or submitted a written response to the preliminary determination letter. You have 30 calendar days from the date of this letter to appeal the staffs 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 IMC 0609, Attachment 2. An appeal must be sent in writing to the Regional Administrator, Region III, 2443 Warrenville Road, Suite 210, Lisle, Illinois 60532-4352.
The NRC has also determined that a violation of the Davis-Besse License Condition 2.D requirement to fully implement and maintain in effect all provisions of the Commission-approved Cyber Security Plan occurred as cited in the enclosed Notice of Violation (Notice)(Non-Public)
(Enclosure 3). The circumstances surrounding the violation were described in detail in NRC cyber security Inspection Report 05000346/2021401 and information associated with the Regulatory Conference (Enclosures 4, 5 and 6) (Non-Public) and the NRCs basis for the Final Significance Determination (Enclosure 2) (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.
You are required to respond to this letter and should follow the instructions specified in the enclosed Notice when preparing your response. If you have additional information that you believe the NRC should consider, you may provide it in your response to the Notice. The NRC review of your response to the Notice will also determine whether further enforcement action is necessary to ensure compliance with regulatory requirements. Additionally, until you have completed all the corrective actions associated with this violation, you are requested to provide the NRC monthly status updates. These updates should be provided to David Curtis, Region III Deputy Division Director, Division of Reactor Safety or his successor.
As a result of our review of Davis-Besses performance, including this Greater than Green finding, we have assessed Davis-Besse Power Station to be in the Regulatory Response column of the NRCs Action Matrix, effective the third quarter of 2021. Therefore, we plan to conduct a supplemental inspection using Inspection Procedure 95001, Supplemental Inspection Response to Action Matrix Column 2 (Regulatory Response) Inputs, when your staff has notified us of your readiness for this inspection. This inspection procedure is conducted to provide assurance that the root cause and contributing cause of risk significant performance issues are understood, the extent of condition and the extent of cause are identified, and the corrective actions are sufficient to prevent recurrence.
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 Enclosures 2, 3, 4, 5, and 6 will not be made available electronically for public inspection in the NRC Public Document Room or in the NRC's Agencywide Documents Access and Management System (ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. If Security-Related Information is
OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION OFFICIAL USE ONLY - SECURITY-RELATED INFORMATIONnecessary to provide an acceptable response, please mark your entire response Security-Related Information 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, John B. Giessner Regional Administrator Docket No. 05000346 License No. NPF-3
Enclosures:
- 1. A summary of the Regulatory Conference (Public)
- 2. Final Significance Determination (Non-Public)
- 3. Notice of Violation (Non-Public)
- 4. A copy of the presentation you provided at this meeting (Non-Public)
- 5. A copy of your answers to questions the NRC asked at the Regulatory Conference (Non-Public)
- 6. A copy of the NRCs presentation from the conference (Non-Public) cc: C. Salz, State Liaison Officer Ohio Emergenc;y Management Agency cc w/o encl: Distribution via LISTSERV Signed by Giessner, Jack on 01/31/22
OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION
T.Brown Letter to T. Brown from J. Giessner dated January 31, 2022
SUBJECT:
DAVIS-BESSE NUCLEAR POWER STATION - FINAL SIGNIFICANCE DETERMINATION FOR A SECURITY-RELATED GREATER THAN GREEN FINDING, NOTICE OF VIOLATION, ASSESSMENT FOLLOW UP LETTER; NRC CYBER SECURITY INSPECTION REPORT 05000346/2021405)
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OFFICE NSIR NSIR NRR RIII NAME ELee JBeardsley RFelts SLewman DATE 1/25/2022 1/25/2022 1/26/2022 1/26/2022
OFFICE RIII NAME JGiessner DATE 1/31/2022 OFFICIAL RECORD COPY
OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION
SUMMARY
OF THE DECEMBER 6, 2021, REGULATORY CONFERENCE BETWEEN ENERGY HARBOR, DAVIS-BESSE NUCLEAR POWER STATION AND THE NUCLEAR REGULATORY COMMISSION
On December 6, 2021, representatives of Energy Harbor Nuclear Corp. met with NRC personnel in the Region office located in Lisle, Illinois, to discuss the apparent violation identified in NRC Inspection Report Number 05000346/2021401. The conference was held at the request of Energy Harbor Nuclear Corp. The licensee presented a summary of the causes for the apparent violations and their corrective actions. The licensee agreed with the performance deficiency on the failure to incorporate certain aspects of the licensees NRC-approved Cyber Security Plan but disagreed with the significance determination of Greater than Green. The NRC asked several questions of the licensee for clarification on their position and that information was provided to the NRC either during the conference or after the conference.
Enclosure 1
OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION
LIST OF ATTENDEES
NRC
John Giessner, Regional Administrator for Region III David Curtis, Acting Director of the Division of Reactor Safety Shelbie Lewman, Acting Enforcement Officer for Region III Russell Chazell, Acting Regional Counsel for Region III Gregg Hansen, Senior Emergency Preparedness Inspector George Hausman, Senior Reactor Inspector James Beardsley, Cyber Security Branch Chief Russel Felts, Deputy Director of the Division of Reactor Oversight Jamnes Cameron, Enforcement Officer Ken Lambert, Senior Enforcement Specialist Billy Dickson, Division of Reactor Projects Branch Chief Steve Orth, Plant Support Branch Chief Kevin Fay, Reactor Inspector
ENERGY HARBOR NUCLEAR CORP
Terry J. Brown, Site Vice President Gregory L. Michael, Site Engineering Director James S. Pry, Site Performance Improvement Director Phil Lashley, Fleet Licensing Manager Robert W. Oesterle, Regulatory Compliance and Emergency Response Manager Jason R. Chowdhary, Rapid Response Engineering Supervisor Adam A. Webert, Security Support Supervisor Lillie Winckowski, Cyber Security Program Manager
2
OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION