ML25107A177
| ML25107A177 | |
| Person / Time | |
|---|---|
| Site: | 07000754 |
| Issue date: | 04/16/2025 |
| From: | O'Keefe N NRC Region 4 |
| To: | Silko T NorthStar Vallecitos |
| References | |
| EAF-RIV-2025-0059 IR 2025006 | |
| Download: ML25107A177 (1) | |
Text
OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION The Enclosure contains Sensitive Unclassified Non-Safeguards Information. When separated from the Enclosure, this cover letter is decontrolled.
OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION April 16, 2025 EAF-RIV-2025-0059 Thomas B. Silko, Licensing Manager NorthStar Vallecitos, LLC Vallecitos Nuclear Center 6705 Vallecitos Road Sunol, CA 94586
SUBJECT:
NORTHSTAR VALLECITOS - NRC PHYSICAL SECURITY INSPECTION REPORT 070-00754/2025006
Dear Thomas Silko:
This letter refers to the non-routine inspection that was performed from January 13-15, 2025, at the Vallecitos Nuclear Center in Sunol, California. The inspection was completed according to Inspection Procedure 87103, Inspection of Material Licensees Involved in An Incident or Bankruptcy Filing, dated November 3, 2000. The inspection examined activities conducted under your license as they relate to compliance with requirements associated with the protection of sensitive information.
The inspection and the activities examined all occurred while GE Hitachi Nuclear Energy was the holder of the license. On April 25, 2024, the U.S. Nuclear Regulatory Commission (NRC) issued an order approving a direct transfer of control of the license to NorthStar Vallecitos (89 FR 35862, May 2, 2024). On March 14, 2025, GE Hitachi Nuclear Energy and NorthStar completed the transfer of the license and ownership of the Vallecitos Nuclear Center. Because NorthStar is the license holder as of the issuance of this inspection report, and because the responsibility for compliance and corrective action for any violations lies with the license holder, the NRC is issuing this letter directly to NorthStar.
The inspection consisted of an examination of selected procedures, documents, and representative records, walk-downs of relevant areas, and interviews with personnel. The enclosed report presents the results of this inspection. On April 9, 2025, a final inspection exit briefing was conducted via videoconference with you and other members of the NorthStar staff.
Based on the results of this inspection, one apparent violation was identified and is being considered for escalated enforcement action in accordance with the NRC Enforcement Policy. The current Enforcement Policy is included on the NRC website at http://www.nrc.gov/about-nrc/regulatory/enforcement/enforce-pol.html.
OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION T. Silko 2
OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION The apparent violation involved a failure related to NRCs security requirements in Title 10 of the Code of Federal Regulations (10 CFR) Part 73. The circumstances surrounding this apparent violation, the potential significance of the issue, and the need for lasting and effective corrective action were discussed with you during the exit meeting on April 9, 2025.
Before the NRC makes its enforcement decision, we are providing you an opportunity to:
(1) respond in writing to the apparent violation addressed in the inspection report within 30 days of the date of this letter; (2) request a predecisional enforcement conference (PEC); or (3) request alternative dispute resolution (ADR) mediation. If a PEC is held, the NRC may issue a press release to announce the time and date of the conference; however, the PEC will be closed to public observation since Security-Related Information will be discussed. Please contact Jesse Rollins at (817) 200-1527 or Jesse.Rollins@nrc.gov within 10 days of the date of this letter to notify the NRC of your intended response to either provide a written response, participate in a PEC, or pursue ADR. A PEC should be held within 30 days and an ADR session within 45 days of the date of this letter.
If you choose to provide a written response, it should be clearly marked as a Response to Apparent Violation in NRC Inspection Report 07000754/2025006; EAF-RIV-2025-0059 and should include for the apparent violation: (1) the reason for the apparent violation or, if contested, the basis for disputing the apparent violation; (2) the corrective steps that have been taken and the results achieved; (3) the corrective steps that will be taken; and (4) the date when full compliance will be achieved. Your response may reference or include previously docketed correspondence if the correspondence adequately addresses the required response. 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).
Your written response, should you choose to provide one, should be sent to the U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, DC 20555-0001, with identical copies mailed to the Director, Division of Radiological Safety & Security, Region IV, 1600 East Lamar Boulevard, Arlington, TX 76011, and emailed to R4Enforcement@nrc.gov within 30 days of the date of this letter. If an adequate response is not received within the time specified or an extension of time has not been granted by the NRC, the NRC will proceed with its enforcement decision or schedule a PEC.
If you choose to request a PEC, 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 PEC does not mean that the NRC has determined that a violation has 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 a violation occurred, information to determine the significance of a violation, information related to the identification of a violation, 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 violation.
The guidance in NRC Information Notice 96-28, Suggested Guidance Relating to Development and Implementation of Corrective Action, may be helpful in preparing your response. You can
OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION T. Silko 3
OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION find the Information Notice using the NRCs Agencywide Documents Access and Management System (ADAMS) Accession No ML061240509.
In lieu of a written response or PEC, you may request ADR with the NRC in an attempt to resolve these issues. 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 ADR, 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 NRCs ADR program can be obtained at http://www.nrc.gov/about-nrc/regulatory/enforcement/adr.html. The Institute on Conflict Resolution at Cornell University has agreed to facilitate the NRCs 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 these issues through ADR.
Please be advised that 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 on our deliberations in this matter.
In accordance with 10 CFR 2.390 of the NRCs 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 in the NRCs ADAMS, accessible from the NRC website at http://www.nrc.gov/reading-rm/adams.html. However, the Enclosure to this letter contains Security-Related Information, and its disclosure to unauthorized individuals could present a security vulnerability. Therefore, in accordance with 10 CFR 2.390(d)(1), the Enclosure will not be made available electronically for public inspection in the NRC Public Document Room or from the NRCs ADAMS.
If you have any questions concerning this matter, please contact Jesse Rollins of my staff at (817) 200-1527 or Jesse.Rollins@nrc.gov.
Sincerely, Neil OKeefe, Acting Director Division of Radiological Safety & Security Docket No. 070-00754 License No. SNM-960
Enclosure:
NRC Inspection Report 070-00754/2025006 Signed by O'Keefe, Cornelius on 04/16/25
- PUBLIC: ML25107A177 Public: Cover Letter (w/o Enclosure)
SUNSI Review: JMR ADAMS Yes No Publicly Available Non-Publicly Available Non-Sensitive Sensitive Keyword:
RGN4-001 ADAMS ACCESSION NUMBER - NON-PUBLIC: ML25091A233 Non-Public: Cover Letter & Enclosure SUNSI Review: JMR ADAMS Yes No Publicly Available Non-Publicly Available Non-Sensitive Sensitive Keyword:
MD 3.4, A.3 OFFICE ES:ACES SPSI:DRSS/PSB C:DRSS/PSB TL:ACES RC NAME ARoberts DHolman JRollins BAlferink DCylkowski SIGNATURE
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/RA/ E DATE 04/01/25 04/02/25 04/09/25 04/04/25 04/03/25 OFFICE OE D:DRSS NAME JPeralta NOKeefe SIGNATURE
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/RA/ E DATE 04/10/25 04/16/25