ML23089A399
| ML23089A399 | |
| Person / Time | |
|---|---|
| Site: | Farley  |
| Issue date: | 03/30/2023 |
| From: | Laura Dudes Region 2 Administrator |
| To: | Brown R Southern Nuclear Operating Co |
| References | |
| EA 22-101 IR 2023440 | |
| Download: ML23089A399 (2) | |
See also: IR 05000348/2023440
Text
OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION
Enclosure(s) transmitted herewith contain(s) SUNSI. When separated from enclosure(s), this
transmittal document is decontrolled.
OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION
R. Keith Brown
Regulatory Affairs Director
Southern Nuclear Operating Co., Inc.
3535 Colonnade Parkway
Birmingham, AL 35243
SUBJECT:
FARLEY NUCLEAR PLANT, UNITS 1 AND 2 - FINAL SIGNIFICANCE
DETERMINATION FOR A SECURITY-RELATED GREATER THAN GREEN
FINDING, NOTICE OF VIOLATION AND ASSESSMENT FOLLOWUP LETTER,
INSPECTION REPORT 05000348/2023440 AND 05000364/2023440
Dear R. Keith Brown:
This letter provides you the final significance determination of a security preliminary Greater-
than-Green finding that was identified during a special inspection conducted at Farley Nuclear
Plant, Units 1 and 2, as documented in the U.S. Nuclear Regulatory Commission (NRC)
inspection report (IR) 05000348/364 - 2022440, dated November 7, 2022 (Agencywide
Documents Access and Management System (ADAMS), Accession Number ML22312A548).
At your request, a Regulatory Conference was held on January 10, 2023, to discuss your views
on this issue. The information you presented at this meeting is referenced in ADAMS under
ML23005A311 (non-public). During the meeting, your staff described your assessment of the
significance of the finding. Specifics regarding the NRCs consideration of the information you
presented at the Regulatory Conference are detailed in Enclosure 3 (non-public) to this report.
After considering the information developed during the inspection and the information you
provided at the Regulatory Conference, the NRC has concluded that the finding is appropriately
characterized as Greater-than-Green. The specific color and risk description of the finding is
detailed in Enclosure 1 (non-public) to this report.
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 U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk,
Washington, DC 20555-0001; with copies to the Regional Administrator, Region II, 245
Peachtree Center Avenue N.E., Suite 1200, Atlanta, GA 30303-1200.
The NRC has also determined that a violation of Title 10 of the Code of Federal Regulations (10
CFR) Part 73 occurred, as cited in the Notice of Violation (Notice) provided as Enclosure 2 (non-
March 30, 2023
OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION
R. K. Brown
2
OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION
public). Enclosure 1 provides the basis for the NRCs conclusion. The circumstances
surrounding the violation were described in detail in NRC IR 05000348/364 - 2022440. In
accordance with the NRC Enforcement Policy, the Notice is considered escalated enforcement
action because it is associated with a Greater-than-Green finding.
For administrative purposes, this letter is issued as a separate NRC IR, 05000348/364 -
2023440. Accordingly, apparent violation (AV) 05000348/364 - 2022440-02 is updated
consistent with the regulatory positions described in this letter, as NOV 05000348/364 -
2022440-02 in the Security Cornerstone with a security significance of Greater-Than-Green with
cross-cutting aspect P.3 - Resolution.
The NRC has determined that the finding described in this enclosure places Farley Nuclear
Plant, Units 1 and 2, in the Degraded Cornerstone Column of the Regulatory Oversight Program
Action Matrix beginning the Third Quarter of 2022. Therefore, the NRC plans to conduct an
additional inspection. This inspection will be scheduled after you notify the NRC of your
readiness.
In accordance with 10 CFR 2.390, Public inspections, exemptions, requests for withholding, of
the NRC's Agency Rules of Practice and Procedure, a copy of this letter will be available
electronically for public inspection in the NRC Public Document Room, or from the Publicly
Available Records (PARS) component of ADAMS; 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 adversely affect
security. Therefore, the material in the Enclosures will not be made available for public
inspection in the NRC Public Document Room or in ADAMS, accessible from the NRC Web site
at http://www.nrc.gov/reading-rm/adams.html. If Security-Related Information is necessary 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). If Safeguards Information is necessary to provide an acceptable response, please
provide the level of protection described in 10 CFR 73.21. In accordance with 10 CFR
2.390(b)(1)(ii), the NRC is waiving the affidavit requirements for your response.
Sincerely,
Laura A. Dudes
Regional Administrator
Docket Nos. 05000348 and 05000364
Enclosure:
1. Final Significance Determination
3. NRC Response to Licensee Presentation
cc w/o enclosures: Distribution via LISTSERV
cc with enclosures: Distribution to OUO-SRI recipients on NRR correspondence roster
Signed by Dudes, Laura
on 03/30/23