IR 05000331/2016407

Cover Letter for NRC Security Inspection Report (05000331/2016407; 07200032/2016401), Investigation Report (3-2015-010), and Notice of Violation

ML16176A217
Person / Time
Site:	Duane Arnold
Issue date:	06/24/2016
From:	Michael Kunowski NRC/RGN-III/DNMS/MCID
To:	Vehec T NextEra Energy Duane Arnold
References
3-2015-010, EA-16-037 IR 2016401, IR 2016407
Download: ML16176A217 (4)

Text

UNITED STATES June 24, 2016

SUBJECT:

DUANE ARNOLD ENERGY CENTER - NRC SECURITY INSPECTION REPORT (05000331/2016407; 07200032/2016401), INVESTIGATION REPORT (3-2015-010), AND NOTICE OF VIOLATION

Dear Mr. Vehec:

This letter refers to the investigation completed on February 11, 2016, and to the inspection completed on May 11, 2016, at the Duane Arnold Energy Center. On May 25, 2016, the U.S. Nuclear Regulatory Commission (NRC) discussed the results of this investigation and inspection with Mr. Mark Fencl and members of your staff. The purpose of the investigation and inspection was to determine whether members of the security force deliberately failed to perform actions in accordance with the Physical Security Plan (PSP), implementing procedures, and NRC regulations. The enclosed report presents the results of this investigation and inspection.

Based on the results of this inspection, the NRC has determined that a Severity Level IV violation of NRC requirements likely occurred. This violation was licensee-identified.

The violation was evaluated in accordance with the NRC Enforcement Policy. The current Enforcement Policy is included on the NRC's website at NRCs website at http://www.nrc.gov/about-nrc/regulatory/enforcement/enforce-pol.html. The violation is cited in the enclosed Notice of Violation (Notice) and the circumstances surrounding it are described in detail in the subject inspection report. The violation is being cited in the Notice because the violation is a result of deliberate actions of your security staff.

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 will review your response to the Notice and will determine whether further enforcement action is necessary to ensure compliance with regulatory requirements.

Enclosures 1 and 2 contain Sensitive Unclassified Non-Safeguards Information.

When separated from the Enclosures, this transmittal letter is decontrolled. The material enclosed herewith contains Security-Related Information in accordance with Title 10 of the Code of Federal Regulations (CFR) Section 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 NRCs Public Document Room or from the NRC's Agencywide Documents Access and Management System (ADAMS). ADAMS is accessible from the NRCs website at http://www.nrc.gov/reading-rm/adams.html (the Public Electronic Reading Room). 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). In accordance with 10 CFR § 2.390(b)(1)(ii), the NRC is waiving the affidavit requirements for your response.

We will gladly discuss any questions you have concerning the inspection.

Sincerely,

/RA/

Michael A. Kunowski, Chief Materials Control, ISFSI, and Decommissioning Branch Division of Nuclear Materials Safety Docket No. 50-331;72-032 License No. DPR-49 Enclosures:

1. Notice of Violation (nonpublic)

2. IR Nos. 05000331/2016407; 07200032/2016401 (nonpublic)

cc w/encl: J. Schwertfeger, Security Manager A. Leek, State Liaison Officer, State of Iowa M. Davis, Licensing Manager M. Nazar, Executive Vice President, Nuclear Division and Chief Nuclear Officer cc w/o encl: Distribution via LISTSERV The material enclosed herewith contains Security-Related Information in accordance with Title 10 of the Code of Federal Regulations (CFR) Section 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 NRCs Public Document Room or from the NRC's Agencywide Documents Access and Management System (ADAMS). ADAMS is accessible from the NRCs website at http://www.nrc.gov/reading-rm/adams.html (the Public Electronic Reading Room). 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). In accordance with 10 CFR § 2.390(b)(1)(ii), the NRC is waiving the affidavit requirements for your response.

We will gladly discuss any questions you have concerning the inspection.

Sincerely,

/RA/

Michael A. Kunowski, Chief Materials Control, ISFSI, and Decommissioning Branch Division of Nuclear Materials Safety Docket No. 50-331;72-032 License No. DPR-49 Enclosures:

1. Notice of Violation (nonpublic)

2. IR Nos. 05000331/2016407; 07200032/2016401 (nonpublic)

cc w/encl: J. Schwertfeger, Security Manager A. Leek, State Liaison Officer, State of Iowa M. Davis, Licensing Manager M. Nazar, Executive Vice President, Nuclear Division and Chief Nuclear Officer cc w/o encl: Distribution via LISTSERV DISTRIBUTION:

See next page ADAMS Accession Number: ML16176A217 Publicly Available Non-Publicly Available Sensitive Non-Sensitive To receive a copy of this document, indicate in the concurrence box "C" = Copy without attach/encl "E" = Copy with attach/encl N" = No copy OFFICE RIII-DNMS RIII-DNMS RIII-EICS RIII NAME MLearn:ps MKunowwski RSkokowski DATE 6/6/2016 6/21/2016 06/24/2016 OFFICIAL RECORD COPY Letter to Thomas Vehec from Michael Kunowski dated June 24, 2016 SUBJECT: DUANE ARNOLD ENERGY CENTER - NRC SECURITY INSPECTION REPORT (05000331/2016407; 07200032/2016401), INVESTIGATION REPORT (3-2015-010), AND NOTICE OF VIOLATION DISTRIBUTION w/encl:

Niry Simonian Eric Wharton Raymond McKinley Binoy Desai Cynthia Pederson Darrell Roberts Mark Haire DISTRIBUTION w/o encl:

Jeremy Bowen RidsNrrDorlLpl3-1 Resource RidsNrrPMDuaneArnold Resource RidsNrrDirsIrib Resource Cynthia Pederson Darrell Roberts Richard Skokowski Allan Barker Carole Ariano Linda Linn DRPIII DRSIII ROPreports.Resource@nrc.gov ROPassessment.Resource@nrc.gov