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{{#Wiki_filter:
{{#Wiki_filter:SAFEGUARDS INFORMATION
  SAFEGUARDS INFORMATION
  October 15, 2010
    EA-10-172
Mr. Jack M. Davis
Senior Vice President and Chief Nuclear Officer Detroit Edison Company Fermi Nuclear Plant, 210 NOC 6400 North Dixie Highway Newport, MI  48166
 
SUBJECT:  FERMI NUCLEAR PLANT - NRC SECURITY INSPECTION REPORT 05000341/2010201: PRELIMINARY GREATER THAN GREEN FINDING
Dear Mr. Davis:
On October 6, 2010, the U.S. Nuclear Regulatory Commission (NRC) completed a security
baseline inspection at the Fermi Nuclear Plant.  The inspection covered one or more of the key attributes of the security cornerstone of the NRC's Reactor Oversight Process.  The enclosed inspection report documents the inspection results, which were discussed on June 15, 2010, and October 6, 2010, with members of your staff.
The inspection examined activities conducted under your license as they relate to security and compliance with the Commission's rules and regulations and with the conditions of your license. The inspectors reviewed selected procedures and records, observed activities, and interviewed personnel.
Based on the results of this inspection, a finding determined preliminarily to be of greater than very low security significance (i.e., Greater than Green as determined by the Physical Protection Significant Determination Process).  This finding does not have an associated cross-cutting area.  All deficiencies identified by the NRC were promptly corrected or compensated for, and the plant was in compliance with applicable physical protection and security requirements within
the scope of this inspection before the inspectors left the site. 
This finding is also an apparent violation of the NRC requirements and is being considered for escalated enforcement action in accordance with the Enforcement Policy, which can be found on the NRC's web site at: http://www.nrc.gov/reading-rm/adams.html.  Before we make a final significance decision regarding the preliminary "Greater than Green" finding, we are providing you an opportunity (1) to attend a Regulatory Conference where you can present to the NRC your perspective on the facts and assumptions the NRC used to arrive at the finding and assess its significance, or (2) submit your position on the finding to the NRC in writing.  If you request a Regulatory Conference, it should be held within 30 days of the receipt of this letter and we encourage you to submit supporting documentation at least one week prior to the conference in an effort to make the conference more efficient and effective.  If a Regulatory Conference is
held, it will be closed to public observation because it involves security sensitive information.  If you decide to submit only a written response, such submittal should be sent to the NRC within 
Enclosure contains Safe
guards Information. U
pon removal, this letter is decontrolled 
SAFEGUARDS INFORMATION
  J. Davis -2-
SAFEGUARDS INFORMATION
  30 days of the receipt of this letter.  If you decline a Regulatory Conference and choose not to submit a written response, the NRC will proceed with its final determination.
Please contact Mr. Clay Johnson, Chief, Security Performance Evaluation Branch, Division of Security Operations, at 301-415-6640 within 10 business days of the date of receipt of this letter to notify the NRC of your intentions.  If we have not heard from you within 10 days, we will
continue with our significance determination and enforcement decision.  The final resolution of this matter will be conveyed in separate correspondence. 
Since the NRC has not made a final determination in this matter, no Notice of Violation is being issued for the inspection finding at this time.  In addition, please be advised that the number of
apparent violations and/or the characterization of the apparent violation described in the enclosed inspection report may change as a result of further NRC review.
In accordance with Title 10 of the Code of Federal Regulations (10 CFR) Section 2.390 of the NRC's "Rules of Practice," a copy of this letter will be available electronically for public inspection in the NRC Public Document Room or from the Publicly Available Records System (PARS) component of NRC's Agency-wide Documents Access and Management System
(ADAMS), accessible from the NRC Website at http://www.nrc.gov/reading-rm/adams.html (the Public Electronic Reading Room).  However, because of the security-related concerns contained in the enclosure, and in accordance with 10 CFR 2.390, a copy of this letter's enclosure will not be available for public inspection.
In accordance with 10 CFR 2.390(b)(1)(ii), the NRC is waiving the affidavit requirements for your response, if any.  This practice will ensure that your response will not be made available electronically for public inspection in the NRC Public Document Reading Room or from the NRC's document system, ADAMS.  If Safeguards Information is necessary to provide and acceptable response, please provide the level of protection described in 10 CFR 73.21. 
Otherwise, mark your entire response "Security-Related Information - Withhold Under 10 CFR 2.390" and follow the instructions for withholding in 10 CFR 2.390(b)(1).
Should you have any questions concerning this inspection, we will be pleased to discuss them with you.
 
Sincerely, 
/RA/ 
Patricia K. Holahan, Director Division of Security Operations Office of Nuclear Security and Incident Response
Docket No.:  50-341 License No.:  NPF-43
 
Enclosure:  NRC Inspection Report No. 05000341/2010201 w/Attachments:  Supplemental Information, Table of Security Personnel, Exercise One, Exercise Two, and Exercise Three (Safeguards)
 
SAFEGUARDS INFORMATION
-2-  SAFEGUARDS INFORMATION
  30 days of the receipt of this letter.  If you decline a Regulatory Conference and choose not to submit a written response, the NRC will proceed with its final determination.
Please contact Mr. Clay Johnson, Chief, Security Performance Evaluation Branch, Division of Security Operations, at 301-415-6640 within 10 business days of the date of receipt of this letter to notify the NRC of your intentions.  If we have not heard from you within 10 days, we will continue with our significance determination and enforcement decision.  The final resolution of this matter will be conveyed in separate correspondence. 
Since the NRC has not made a final determination in this matter, no Notice of Violation is being issued for the inspection finding at this time.  In addition, please be advised that the number of apparent violations and/or the characterization of the apparent violation described in the enclosed inspection report may change as a result of further NRC review.
In accordance with Title 10 of the Code of Federal Regulations (10 CFR) Section 2.390 of the NRC's "Rules of Practice," a copy of this letter will be available electronically for public inspection in the NRC Public Document Room or from the Publicly Available Records System (PARS) component of NRC's Agency-wide Documents Access and Management System (ADAMS), accessible from the NRC Website at http://www.nrc.gov/reading-rm/adams.html (the Public Electronic Reading Room).  However, because of the security-related concerns contained in the enclosure, and in accordance with 10 CFR 2.390, a copy of this letter's
enclosure will not be available for public inspection.
In accordance with 10 CFR 2.390(b)(1)(ii), the NRC is waiving the affidavit requirements for your response, if any.  This practice will ensure that your response will not be made available electronically for public inspection in the NRC Public Document Reading Room or from the
NRC's document system, ADAMS.  If Safeguards Information is necessary to provide and acceptable response, please provide the level of protection described in 10 CFR 73.21.  Otherwise, mark your entire response "Security-Related Information - Withhold Under 10 CFR 2.390" and follow the instructions for withholding in 10 CFR 2.390(b)(1).
Should you have any questions concerning this inspection, we will be pleased to discuss them with you.
Sincerely, 
/RA/  Patricia K. Holahan, Director Division of Security Operations Office of Nuclear Security and Incident Response
Docket No.:  50-387, 50-388 License No.:  NPF-14, NPF-22
Enclosure:  Inspection Report No. 05000313/2009201 and 05000368/2009201          w/ Attachments :  Supplemental Information, Table of Security Personnel, Exercise  One, Exercise Two, Exercise Three (SAFEGUARDS)
See attached for distribution:      Accession Number:ML102720534
OFFICE NSIR/DSO NSIR/DSO NSIR/DSO NSIR/DSO/SPEB BC:RIII DD:DSO/NSIR DSO/NSIR NAME CGrigsby JBerry JCurry RJohnson RSkokowski BWestreich PHolahan DATE 107/10 10/7/10 10/8/10 10/12/10 10/8/10 10/12/10 10/15/10 OFFICAL RECORD COPY 
SAFEGUARDS INFORMATION
  J. Davis -3-
SAFEGUARDS INFORMATION
  cc w/encl:    Randy D. Hart
Regulatory Compliance Manager  Duke Power Company, LLC d/b/a Duke Energy Carolinas, LLC CN01RC 4800 Concord Road
York, SC 29745-9635
Lisa F. Vaughn Associate General Counsel Duke Energy Corporation 526 South Church Street-EC07H Charlotte, NC 28202
 
Kathryn B. Nolan Senior Counsel Duke Energy Corporation 526 South Church Street-EC07H Charlotte, NC 28202
R. L. Gill, Jr. Manager Nuclear Regulatory Issues and Industry Affairs Duke Power Company, LLC d/b/a Duke Energy Carolinas, LLC 526 South Church Street
Charlotte, NC 28201-0006
cc w/o encl
:  David A. Repka
Winston Strawn LLP 1400 L Street NW Washington, DC 20005
Susan E. Jenkins
Director, Division of Waste Management Bureau of Land and Waste Management S.C. Department of Health and Environmental Control 2600 Bull Street
Columbia, SC 29201
Elizabeth McMahon Assistant Attorney General S.C. Attorney General's Office
P.O. Box 11549 Columbia, SC 29211
Vanessa Quinn Federal Emergency Management Agency 500 C Street, SW Room 840
Washington, DC 20472
Peggy Force Assistant Attorney General State of North Carolina P.O. Box 629 Raleigh, NC 27602
 
North Carolina MPA-1 Suite 600 P. O. Box 29513 Raleigh, NC 27525-0513
 
Steve Weatherman, Operations Analyst North Carolina Electric Membership Corp. P. O. Box 27306 Raleigh, NC 27611-7306
County Manager of York County York County Courthouse York, SC 29745
Piedmont Municipal Power Agency 121 Village Drive Greer, SC 2965
  Distribution w/encl
: SPEB R/F - D. Brady, STSB R. Skokowski, R-III
R. Michael Morris, SRI, Fermi J. Curry, DDSO/DSO Distribution w/o encl
: M. Chawla, PM - NRR
T. Howard, PMDA J. Trapp, R-I M. Ernestes, R-II
M. Shannon, R-IV
}}
}}

Revision as of 08:11, 16 July 2019

Security Inspection Report 05000341-10-201
ML102720534
Person / Time
Site: Fermi DTE Energy icon.png
Issue date: 10/15/2010
From: Patricia Holahan
Division of Security Operations
To: Jennifer Davis
Detroit Edison
References
EA-10-172, IR-10-201
Download: ML102720534 (4)
v • d • e


See also: IR 05000341/2010201

Text

SAFEGUARDS INFORMATION

SAFEGUARDS INFORMATION

October 15, 2010

EA-10-172

Mr. Jack M. Davis

Senior Vice President and Chief Nuclear Officer Detroit Edison Company Fermi Nuclear Plant, 210 NOC 6400 North Dixie Highway Newport, MI 48166

SUBJECT: FERMI NUCLEAR PLANT - NRC SECURITY INSPECTION REPORT 05000341/2010201: PRELIMINARY GREATER THAN GREEN FINDING

Dear Mr. Davis:

On October 6, 2010, the U.S. Nuclear Regulatory Commission (NRC) completed a security

baseline inspection at the Fermi Nuclear Plant. The inspection covered one or more of the key attributes of the security cornerstone of the NRC's Reactor Oversight Process. The enclosed inspection report documents the inspection results, which were discussed on June 15, 2010, and October 6, 2010, with members of your staff.

The inspection examined activities conducted under your license as they relate to security and compliance with the Commission's rules and regulations and with the conditions of your license. The inspectors reviewed selected procedures and records, observed activities, and interviewed personnel.

Based on the results of this inspection, a finding determined preliminarily to be of greater than very low security significance (i.e., Greater than Green as determined by the Physical Protection Significant Determination Process). This finding does not have an associated cross-cutting area. All deficiencies identified by the NRC were promptly corrected or compensated for, and the plant was in compliance with applicable physical protection and security requirements within

the scope of this inspection before the inspectors left the site.

This finding is also an apparent violation of the NRC requirements and is being considered for escalated enforcement action in accordance with the Enforcement Policy, which can be found on the NRC's web site at: http://www.nrc.gov/reading-rm/adams.html. Before we make a final significance decision regarding the preliminary "Greater than Green" finding, we are providing you an opportunity (1) to attend a Regulatory Conference where you can present to the NRC your perspective on the facts and assumptions the NRC used to arrive at the finding and assess its significance, or (2) submit your position on the finding to the NRC in writing. If you request a Regulatory Conference, it should be held within 30 days of the receipt of this letter and we encourage you to submit supporting documentation at least one week prior to the conference in an effort to make the conference more efficient and effective. If a Regulatory Conference is

held, it will be closed to public observation because it involves security sensitive information. If you decide to submit only a written response, such submittal should be sent to the NRC within

Enclosure contains Safe

guards Information. U

pon removal, this letter is decontrolled

SAFEGUARDS INFORMATION

J. Davis -2-

SAFEGUARDS INFORMATION

30 days of the receipt of this letter. If you decline a Regulatory Conference and choose not to submit a written response, the NRC will proceed with its final determination.

Please contact Mr. Clay Johnson, Chief, Security Performance Evaluation Branch, Division of Security Operations, at 301-415-6640 within 10 business days of the date of receipt of this letter to notify the NRC of your intentions. If we have not heard from you within 10 days, we will

continue with our significance determination and enforcement decision. The final resolution of this matter will be conveyed in separate correspondence.

Since the NRC has not made a final determination in this matter, no Notice of Violation is being issued for the inspection finding at this time. In addition, please be advised that the number of

apparent violations and/or the characterization of the apparent violation described in the enclosed inspection report may change as a result of further NRC review.

In accordance with Title 10 of the Code of Federal Regulations (10 CFR) Section 2.390 of the NRC's "Rules of Practice," a copy of this letter will be available electronically for public inspection in the NRC Public Document Room or from the Publicly Available Records System (PARS) component of NRC's Agency-wide Documents Access and Management System

(ADAMS), accessible from the NRC Website at http://www.nrc.gov/reading-rm/adams.html (the Public Electronic Reading Room). However, because of the security-related concerns contained in the enclosure, and in accordance with 10 CFR 2.390, a copy of this letter's enclosure will not be available for public inspection.

In accordance with 10 CFR 2.390(b)(1)(ii), the NRC is waiving the affidavit requirements for your response, if any. This practice will ensure that your response will not be made available electronically for public inspection in the NRC Public Document Reading Room or from the NRC's document system, ADAMS. If Safeguards Information is necessary to provide and acceptable response, please provide the level of protection described in 10 CFR 73.21.

Otherwise, mark your entire response "Security-Related Information - Withhold Under 10 CFR 2.390" and follow the instructions for withholding in 10 CFR 2.390(b)(1).

Should you have any questions concerning this inspection, we will be pleased to discuss them with you.

Sincerely,

/RA/

Patricia K. Holahan, Director Division of Security Operations Office of Nuclear Security and Incident Response

Docket No.: 50-341 License No.: NPF-43

Enclosure: NRC Inspection Report No. 05000341/2010201 w/Attachments: Supplemental Information, Table of Security Personnel, Exercise One, Exercise Two, and Exercise Three (Safeguards)

SAFEGUARDS INFORMATION

-2- SAFEGUARDS INFORMATION

30 days of the receipt of this letter. If you decline a Regulatory Conference and choose not to submit a written response, the NRC will proceed with its final determination.

Please contact Mr. Clay Johnson, Chief, Security Performance Evaluation Branch, Division of Security Operations, at 301-415-6640 within 10 business days of the date of receipt of this letter to notify the NRC of your intentions. If we have not heard from you within 10 days, we will continue with our significance determination and enforcement decision. The final resolution of this matter will be conveyed in separate correspondence.

Since the NRC has not made a final determination in this matter, no Notice of Violation is being issued for the inspection finding at this time. In addition, please be advised that the number of apparent violations and/or the characterization of the apparent violation described in the enclosed inspection report may change as a result of further NRC review.

In accordance with Title 10 of the Code of Federal Regulations (10 CFR) Section 2.390 of the NRC's "Rules of Practice," a copy of this letter will be available electronically for public inspection in the NRC Public Document Room or from the Publicly Available Records System (PARS) component of NRC's Agency-wide Documents Access and Management System (ADAMS), accessible from the NRC Website at http://www.nrc.gov/reading-rm/adams.html (the Public Electronic Reading Room). However, because of the security-related concerns contained in the enclosure, and in accordance with 10 CFR 2.390, a copy of this letter's

enclosure will not be available for public inspection.

In accordance with 10 CFR 2.390(b)(1)(ii), the NRC is waiving the affidavit requirements for your response, if any. This practice will ensure that your response will not be made available electronically for public inspection in the NRC Public Document Reading Room or from the

NRC's document system, ADAMS. If Safeguards Information is necessary to provide and acceptable response, please provide the level of protection described in 10 CFR 73.21. Otherwise, mark your entire response "Security-Related Information - Withhold Under 10 CFR 2.390" and follow the instructions for withholding in 10 CFR 2.390(b)(1).

Should you have any questions concerning this inspection, we will be pleased to discuss them with you.

Sincerely,

/RA/ Patricia K. Holahan, Director Division of Security Operations Office of Nuclear Security and Incident Response

Docket No.: 50-387, 50-388 License No.: NPF-14, NPF-22

Enclosure: Inspection Report No. 05000313/2009201 and 05000368/2009201 w/ Attachments : Supplemental Information, Table of Security Personnel, Exercise One, Exercise Two, Exercise Three (SAFEGUARDS)

See attached for distribution: Accession Number:ML102720534

OFFICE NSIR/DSO NSIR/DSO NSIR/DSO NSIR/DSO/SPEB BC:RIII DD:DSO/NSIR DSO/NSIR NAME CGrigsby JBerry JCurry RJohnson RSkokowski BWestreich PHolahan DATE 107/10 10/7/10 10/8/10 10/12/10 10/8/10 10/12/10 10/15/10 OFFICAL RECORD COPY

SAFEGUARDS INFORMATION

J. Davis -3-

SAFEGUARDS INFORMATION

cc w/encl: Randy D. Hart

Regulatory Compliance Manager Duke Power Company, LLC d/b/a Duke Energy Carolinas, LLC CN01RC 4800 Concord Road

York, SC 29745-9635

Lisa F. Vaughn Associate General Counsel Duke Energy Corporation 526 South Church Street-EC07H Charlotte, NC 28202

Kathryn B. Nolan Senior Counsel Duke Energy Corporation 526 South Church Street-EC07H Charlotte, NC 28202

R. L. Gill, Jr. Manager Nuclear Regulatory Issues and Industry Affairs Duke Power Company, LLC d/b/a Duke Energy Carolinas, LLC 526 South Church Street

Charlotte, NC 28201-0006

cc w/o encl

David A. Repka

Winston Strawn LLP 1400 L Street NW Washington, DC 20005

Susan E. Jenkins

Director, Division of Waste Management Bureau of Land and Waste Management S.C. Department of Health and Environmental Control 2600 Bull Street

Columbia, SC 29201

Elizabeth McMahon Assistant Attorney General S.C. Attorney General's Office

P.O. Box 11549 Columbia, SC 29211

Vanessa Quinn Federal Emergency Management Agency 500 C Street, SW Room 840

Washington, DC 20472

Peggy Force Assistant Attorney General State of North Carolina P.O. Box 629 Raleigh, NC 27602

North Carolina MPA-1 Suite 600 P. O. Box 29513 Raleigh, NC 27525-0513

Steve Weatherman, Operations Analyst North Carolina Electric Membership Corp. P. O. Box 27306 Raleigh, NC 27611-7306

County Manager of York County York County Courthouse York, SC 29745

Piedmont Municipal Power Agency 121 Village Drive Greer, SC 2965

Distribution w/encl

SPEB R/F - D. Brady, STSB R. Skokowski, R-III

R. Michael Morris, SRI, Fermi J. Curry, DDSO/DSO Distribution w/o encl

M. Chawla, PM - NRR

T. Howard, PMDA J. Trapp, R-I M. Ernestes, R-II

M. Shannon, R-IV

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