IR 05000295/2013404

EA-14-025, Notice of Violation and Proposed Imposition of Civil Penalty - $17,500; Zion Nuclear Power Station (Permanently Shut Down); NRC Security Inspection Report 05000295-13-404 (Dnms); 05000304-13-404 (DNMS)

ML14148A013
Person / Time
Site:	Zion  File:ZionSolutions icon.png
Issue date:	05/28/2014
From:	Pederson C Region 3 Administrator
To:	Sauger J ZionSolutions
Lougheed V
References
EA-14-025 IR-13-404
Download: ML14148A013 (5)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION

REGION III

2443 WARRENVILLE RD. SUITE 210 LISLE, ILLINOIS 60532-4352 May 28, 2014 EA-14-025 Mr. John Sauger, General Manager Zion Restoration Project ZionSolutions, LLC 101 Shiloh Boulevard Zion, IL 60099 SUBJECT: NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY -

$17,500 - ZION NUCLEAR POWER STATION (PERMANENTLY SHUT DOWN);

NRC SECURITY INSPECTION REPORT 05000295/2013404(DNMS);

05000304/2013404(DNMS)

This refers to the inspection conducted between June 17, 2013, and February 11, 2014, at your Zion Nuclear Power Station, including an onsite inspection on December 9, 2013. During the inspection, the NRC reviewed licensee-identified apparent security violations of U.S. Nuclear Regulatory Commission (NRC) requirements. The significance of the issues and the need for lasting and effective corrective actions were discussed with you during the exit meeting on February 11, 2014. Details regarding the apparent violations were provided in NRC Inspection Report No. 05000295/2013404(DNMS); 05000304/2013404(DNMS), dated March 6, 2014.

In the letter transmitting the inspection report, we provided you with the opportunity to address the apparent violations identified in the report in one of three ways: (1) by providing a written response; (2) by requesting a predecisional enforcement conference; or (3) by attending an alternative dispute resolution (ADR) session. In a letter dated April 3, 2014, you provided a written response to the apparent violations and on April 15, 2014, you provided a supplemental response.

Based on the information developed during the inspection, and the information that you provided in your responses dated April 3 and 15, 2014, and the information provided in the various submittals referenced in the inspection report, the NRC has determined that violations of NRC requirements occurred. The violations are cited in the Notice of Violation (Notice) in Enclosure 1 (Non-Public) and the circumstances surrounding them are described in detail in our inspection report dated March 6, 2014.

The violations are of concern to the NRC for the reasons stated in the Significance Discussion and Civil Penalty Assessment Determination in Enclosure 2 (Non-Public). Therefore, the violations have been categorized, in accordance with the NRC Enforcement Policy, as a Severity Level III problem.

In accordance with the NRC Enforcement Policy, a base civil penalty in the amount of $17,500 is normally considered for a Severity Level III proble The enclosures contain Sensitive Unclassified Non-Safeguards Information. Upon separation, this cover letter is decontrolle J. Sauger -2-Because your facility has not been the subject of escalated enforcement actions within the last two years, the NRC considered whether credit was warranted for Corrective Action in accordance with the civil penalty assessment process described in Section 2.3.4 of the Enforcement Policy. Enclosure 2 (Non-Public) contains NRCs assessment of the Corrective Action assessment factor, including a discussion of some of the corrective actions you have taken or that will be taken.

Therefore, to emphasize the importance of prompt and comprehensive correction of violations, I have been authorized, after consultation with the Director, Office of Enforcement, to issue the enclosed Notice of Violation and Proposed Imposition of Civil Penalty (Notice) in the base amount of $17,500.

If you disagree with this enforcement sanction, you may deny the violation, as described in the Notice, or you may request Alternative Dispute Resolution (ADR) with the NRC in an attempt to resolve this issue. ADR is a general term encompassing various techniques for resolving conflict outside of court using a neutral third party. The technique that the NRC has decided to employ is mediation. In mediation, a neutral mediator with no decision-making authority helps parties clarify issues, explore settlement options, and evaluate how best to advance their respective interests. The mediators responsibility is to assist the parties in reaching an agreement. However, the mediator has no authority to impose a resolution upon the parties.

Mediation is a confidential and voluntary process. If the parties to the ADR process agree to use ADR, they select a mutually agreeable neutral mediator and share equally the cost of the mediator's services. Additional information concerning the NRC's ADR program can be found at http://www.internal.nrc.gov/OE/ADR/post-invest-adr-home.html.

The Institute on Conflict Resolution (ICR) at Cornell University has agreed to facilitate the NRCs program as an intake neutral. Intake neutrals perform several functions, including:

assisting parties in determining ADR potential for their case, advising parties regarding the ADR process, aiding the parties in selecting an appropriate mediator, explaining the extent of confidentiality, and providing other logistic assistance as necessary. If you are interested in pursuing this issue through the ADR program, within ten days of the date of this letter, please contact: (1) the ICR at 877-733-9415; and (2) Mr. Steven Orth, Enforcement Officer at 630-810-4370. You may also contact both ICR and Mr. Orth for additional information.

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 use your response, in part, to determine whether further enforcement action is necessary to ensure compliance with regulatory requirements.

Please mark your entire response, Security-Related Information - Withhold from Public Disclosure under 10 CFR 2.390. In accordance with Title 10 of the Code of Federal Regulations (CFR) 2.390(b)(1)(ii), the NRC is waiving the affidavit requirements for your response to this letter. To the extent possible, your response should not include any personal privacy, proprietary, or safeguards information. If safeguards information is necessary to provide an acceptable response, please provide the level of protection described in 10 CFR 73.2 J. Sauger -3-In accordance with 10 CFR 2.390 of the NRC's Rules of Practice, a copy of this letter will be made available electronically for public inspection in the NRC Public Document Room or from the NRCs Agencywide Documents Access and Management System (ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. However, because of the Security-Related Information contained in the enclosures and in your response, and in accordance with 10 CFR 2.390, copies of the enclosures and your response will not be available for public inspection.

Additionally, the enclosures must be protected from unauthorized disclosure. Security-Related Information is discussed in Regulatory Information Summary RIS-2005-031, Control of Security-Related Sensitive Unclassified Non-Safeguards Information (ML053480073), which is available on the NRC Web site or in ADAM

Sincerely,

/RA/

Cynthia D. Pederson Regional Administrator Docket Nos. 05000295, 05000304 License Nos. DPR-39, DPR-48 Enclosures:

1. Notice of Violation and Proposed Imposition of Civil Penalty (Non-Public)

2. Significance Discussion and Civil Penalty Assessment (Non-Public)

3. NUREG/BR-0254, Payment Methods cc w/o encl 3: Gerard van Noordennen Vice President Regulatory Affairs Zion NPS State Liaison Officer, State of Illinois cc w/o encls: Zion Distribution Service List FILE NAME: G:\ORAIII\EICS\ENFORCEMENT\Cases\Enforcement Cases 2014\EA-14-025 Zion IFSFI\EA-14-025 Zion draft Final Action.docx OFFICE RIII RIII RIII RIII NAME Lougheed Orlikowski Louden Heck NLO by DRoth DATE 04/23/14 04/23/14 04/25/14 04/30/14 OFFICE D:FSME D:OGC D:OE RIII RIII 1 2 3 NAME Wiggins Scott Zimmerman Orth Pederson Holahan Montieth Furst DATE 05/09/14 05/13/14 05/13/14 05/23/14 05/26/14 Letter to John Sauger from Cynthia D. Pederson dated May 28, 2014 SUBJECT: NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY -

$17,500 - ZION NUCLEAR POWER STATION (PERMANENTLY SHUT DOWN);

NRC SECURITY INSPECTION REPORT 05000295/2013404(DNMS);

05000304/2013404(DNMS)

DISTRIBUTION w/o encls:

RidsSecyMailCenter.Resource Hubert Bell OCADistribution Cheryl McCrary Mark Satorius Barbara Gusack Michael Weber David DAbate Roy Zimmerman Joseph Nick Nick Hilton Patrick Louden David Furst John Giessner Cynthia Pederson Robert Orlikowski Darrell Roberts MCID Inspectors Marvin Itzkowitz Steven Orth Catherine Scott Allan Barker Emily Monteith Harral Logaras Brian Holian James Lynch Pamela Henderson Viktoria Mitlyng Michele Burgess Prema Chandrathil James Wiggins Patricia Lougheed Patricia Holahan Paul Pelke Shyrl Coker Magdalena Gryglak Brice Brickett Sarah Bakhsh Scott Sparks Patricia Buckley Vivian Campbell Carmen Olteanu Holly Harrington RidsOEmailCenter OEWEB Resource (cover letter only)