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| ==Dear Mr. Christian:== | | ==Dear Mr. Christian:== |
| On September 19, 2008, the U.S. Nuclear Regulatory Commission (NRC) completed a security baseline inspection at your Kewaunee Power Station. 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 September 19, 2008, with Mr. Scace and other members of your staff. | | On September 19, 2008, the U.S. Nuclear Regulatory Commission (NRC) completed a security baseline inspection at your Kewaunee Power Station. The inspection covered one or more of the key attributes of the security cornerstone of the NRCs Reactor Oversight Process. The enclosed inspection report documents the inspection results, which were discussed on September 19, 2008, with Mr. Scace and other members of your staff. |
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| 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 inspection examined activities conducted under your license as they relate to security and compliance with the Commissions rules and regulations and with the conditions of your license. |
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| The inspector reviewed selected procedures and records, observed activities, and interviewed personnel. | | The inspector reviewed selected procedures and records, observed activities, and interviewed personnel. |
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| This report documents one NRC-identified finding of very low security significance (i.e., Green as determined by the Physical Protection Significance Determination Process). The deficiency was 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 inspector left the site. The finding had a cross-cutting aspect in the area of Human Performance because the licensee failed to use conservative assumptions in their decision-making process. | | This report documents one NRC-identified finding of very low security significance (i.e., Green as determined by the Physical Protection Significance Determination Process). The deficiency was 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 inspector left the site. The finding had a cross-cutting aspect in the area of Human Performance because the licensee failed to use conservative assumptions in their decision-making process. |
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| However, because of its very low security significance, and because the issue was entered into your corrective action program, the NRC is treating the violation as a Non-Cited Violation (NCV) consistent with Section VI.A.1 of the NRC Enforcement Policy. If you contest this NCV, you should provide a response within 30 days of the date of this inspection report, with the basis EXEMPT FROM PUBLIC DISCLOSURE May be exempt from public release under the Freedom of Information Act (5 U.S.C. 552) | | However, because of its very low security significance, and because the issue was entered into your corrective action program, the NRC is treating the violation as a Non-Cited Violation (NCV) |
| Exemption number: 5___________ | | consistent with Section VI.A.1 of the NRC Enforcement Policy. If you contest this NCV, you should provide a response within 30 days of the date of this inspection report, with the basis EXEMPT FROM PUBLIC DISCLOSURE May be exempt from public release under the Freedom of Information Act (5 U.S.C. 552) |
| Nuclear Regulatory Commission review required before public release. | | Exemption number: 5___________ Enclosure transmitted herewith contains Nuclear Regulatory Commission review required before public Safeguards Information. When separated release. from enclosure, this transmittal document is decontrolled. |
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| Dale Lawver, RIII/DRS/PSB___________ | | Dale Lawver, RIII/DRS/PSB___________ |
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| Date of determination: 09/19/2008______ for your denial, to the U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, DC 20555-001, with copies to the Regional Administrator, U.S. Nuclear Regulatory Commission - Region III, 2443 Warrenville Road, Suite 210, Lisle, IL 60532-4352; the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; and the Resident Inspector at the Kewaunee Power Station. | | Date of determination: 09/19/2008______ for your denial, to the U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, DC 20555-001, with copies to the Regional Administrator, U.S. Nuclear Regulatory Commission - Region III, 2443 Warrenville Road, Suite 210, Lisle, IL 60532-4352; the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; and the Resident Inspector at the Kewaunee Power Station. |
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| In accordance with 10 CFR 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 Agencywide Documents Access and Management System (ADAMS), accessible from the NRC Web site 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 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 Agencywide Documents Access and Management System (ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html (the Public Electronic Reading Room). |
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| 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 Room or from the NRC's document system, ADAMS. If Safeguards Information is necessary to provide an 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). | | However, because of the security-related concerns contained in the enclosure, and in accordance with 10 CFR 2.390, a copy of this letters enclosure will not be available for public inspection. |
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| | 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 Room or from the NRCs document system, ADAMS. If Safeguards Information is necessary to provide an 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). |
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| Should you have any questions concerning this inspection, we will be pleased to discuss them with you. | | Should you have any questions concerning this inspection, we will be pleased to discuss them with you. |
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| Sincerely, | | Sincerely, |
| /RA/ Eric Duncan, Chief Plant Support Branch Division of Reactor Safety Docket No. 50-305 License No. DPR-43 Nonpublic Enclosure: Inspection Report 05000305/2008405(DRS); w/Attachment: Supplemental Information ( ) | | /RA/ |
| | Eric Duncan, Chief Plant Support Branch Division of Reactor Safety Docket No. 50-305 License No. DPR-43 Nonpublic Enclosure: Inspection Report 05000305/2008405(DRS); |
| | w/Attachment: Supplemental Information ( ) |
| See Attached Distribution | | See Attached Distribution |
| }} | | }} |
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Category:Letter
MONTHYEARML23339A1332024-01-26026 January 2024 Exemption from the Req of 10 CFR Part 50.82(a)(8)(i)(A) to Use the Kewaunee Decommissioning Trust Fund for the Management of Site Restoration Activities IR 05000305/20230022023-12-27027 December 2023 NRC Inspection Report 05000305/2023002 (Drss); 07200064/2023001 (Drss) ML23332A1922023-11-28028 November 2023 Solutions, Inc., Request for Exemptions from Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Implementation ML23278A1002023-10-0505 October 2023 Response to Request for Additional Information (RAI) Application for Kewaunee Solutions (Ks) Site Restoration Activities ML23222A1522023-08-29029 August 2023 Letter RAI KPS Exemption Site Restoration Final Repaired IR 05000305/20230012023-08-17017 August 2023 NRC Inspection Report No. 05000305/2023001-Kewaunee Power Station ML23171B0822023-07-0505 July 2023 Letter - Kewaunee Power Station - Issuance of Exemption from Certain Requirements from 10 CFR Part 20, Appendix G, Section Iii.E ML23132A0012023-05-11011 May 2023 2022 Annual Radiological Environmental Operating Report ML23116A2182023-04-26026 April 2023 2022 Annual Radioactive Effluent Release Report ML23089A3042023-03-30030 March 2023 Decommissioning Fund Status Report ML23088A2752023-03-29029 March 2023 Solutions, Inc., Request for Exemption from 10 CFR 20, Appendix G, Section Iii.E ML23093A0312023-03-29029 March 2023 Solutions, Inc., Request for Exemptions from 10 CFR 50.82(a)(8)(i)(A) and 50.75(h)(1)(iv) for Site Restoration Activities ML23087A0402023-03-27027 March 2023 Annual Property Insurance Status Report ML23087A0292023-03-27027 March 2023 2022 Annual Report of Occupational Radiation Exposure ML22361A1022023-02-24024 February 2023 Reactor Decommissioning Branch Project Management Changes for Some Decommissioning Facilities and Establishment of Backup Project Manager for All Decommissioning Facilities ML23024A0122023-01-26026 January 2023 Letter to Energysolutions Transmitting Threshold Determination for Merger/Restructuring IR 05000305/20220022023-01-0303 January 2023 NRC Inspection Report Nos. 05000305/2022002(DRSS) Kewaunee Power Station ML22292A2302022-11-25025 November 2022 U.S. Nuclear Regulatory Commissions Analysis of Dominion Energy Kewaunees Decommissioning Funding Status Report for Kewaunee Power Station, Docket No. 50-305 ML22290A0052022-10-13013 October 2022 Resubmittal of Kewaunee Power Station Independent Spent Fuel Storage Installation (ISFSI) Only Emergency Plan (Ioep) and IOEP- Emergency Action Level (EAL) Basis Document, Revision 0KS ML22241A0302022-08-25025 August 2022 (Ksp) ISFSI Submittal of Security Plan, Training and Qualification Plan and Safeguards Contingency Plan, Revision 5 IR 05000305/20220012022-08-0101 August 2022 NRC Inspection Report Nos. 05000305/2022001(DNMS) - Kewaunee Power Station ML22215A1512022-07-27027 July 2022 Executed Financial Assurance Instruments for the Kewaunee License Transfer License No. DPR-43 (Docket Nos. 50-305, 72-64) ML22209A1252022-07-26026 July 2022 Amendment No. 11 to Indemnity Agreement No. B-53 for Kewaunee Power Station (KPS) - Signed by Kewaunee Solutions, Inc ML22175A1132022-06-30030 June 2022 Solutions, Inc. - Letter for Review and Acceptance of the Energysolutions, LLC Decommissioning Quality Assurance Program with Enclosure ML22160A5272022-06-28028 June 2022 Enclosure 1 - Amendment No. 221 to Renewed Facility Operating License No. DPR-43 ML22160A5282022-06-28028 June 2022 Enclosure 2 - Amendment No. 11 to Indemnity Agreement B-53 ML22160A5262022-06-28028 June 2022 Letter - KPS - Issuance of Conforming License Amendment Regarding Indirect Transfer of License from DEK, Inc. to Kewaunee Solutions, Inc ML22188A0812022-06-23023 June 2022 ISFSI, Virgil C. Summer Nuclear Station, Unit 1 & ISFSI, North Anna Power Station, Units 1 & 2 & ISFSI, Surry Power Station, Units 1 & 2 & ISFSI - Submission of Revision 32 of the Quality Assurance Topical Report ML22172A2452022-06-22022 June 2022 Notification of Planned Closing Date and Required Regulatory Approvals for the Kewaunee License Transfer Transaction ML22175A0662022-06-17017 June 2022 Designation of Additional Reviewing Official for ISFSI and 10 CFR Part 37 Program Security Background Investigations ML22166A3392022-06-13013 June 2022 Notification of Nuclear Insurance ML22138A2552022-05-10010 May 2022 Submittal of 2021 Annual Radiological Environmental Operating Report ML22158A2112022-05-10010 May 2022 Summary of Facility Changes, Tests and Experiments and Summary of Commitment Changes ML22108A0352022-04-0101 April 2022 License Transfer to Kewaunee Solutions, Inc ML22091A1892022-04-0101 April 2022 Independent Spent Fuel Storage Installation - Annual Radioactive Effluent Release Report ML22089A2432022-03-30030 March 2022 Decommissioning Funding Status Report, Financial Test and Independent Public Accountants' Letter of Attestation ML22076A0652022-03-15015 March 2022 Energy Solutions and Dominion Energy Kewaunee - Supplement to License Transfer Application Related to Use of Existing Dominion Energy Quality Assurance Program ML22060A1912022-02-25025 February 2022 Response to Request for Additional Information Related to Submittal for Approval of the Kewaunee Solutions Decommissioning Quality Assurance Program (Dqap), Revision O for Kewaunee Power Station (KPS) ML22066A4982022-02-24024 February 2022 Nuclear Property Insurance Coverage ML22047A0572022-02-16016 February 2022 Supplement to License Transfer Application Related to Decommissioning Quality Assurance Program ML22032A3242022-02-0202 February 2022 Letter to C. Sly, Dominion, from B. Watson, NRC - Dominion Energy Kewaunee, Inc. - RAI Regarding Energysolutions Submittal for Approving Decommissioning Quality Assurance Program IR 05000305/20210012021-12-27027 December 2021 NRC Inspection Report Nos. 05000305/2021001 (Dnms); 07200064/2021001 (DNMS) ML21351A4352021-12-19019 December 2021 U.S. Nuclear Regulatory Commission'S Analysis of Dominion Energy Kewaunee, Inc.'S Decommissioning Funding Status Report for Kewaunee Power Station, Docket No. 50-305 ML21355A2972021-12-14014 December 2021 ISFSI, 10 CFR 72.30 Decommissioning Funding Plan ML21309A0152021-11-0909 November 2021 Acceptance Review of Dominion Energy Kewaunee, Inc. - Energysolutions Submittal for Approving Decommissioning Quality Assurance Program (EPID L-2021-DP3-0000) ML21301A1782021-10-28028 October 2021 Response to Request for Additional Information Regarding Application for Order Approving Transfer of Control of Kewaunee Power Station License and Conforming License ML21294A3652021-10-21021 October 2021 Changes to Decommissioning Trust Agreement ML21288A5572021-10-18018 October 2021 Energysolutions Submittal for Approving Decommissioning Quality Assurance Program (EPID L-2021-DP3-0000) ML21257A0682021-09-30030 September 2021 Request for Additional Information Regarding Application for Order Approving Transfer of Control of Kewaunee Power Station License and Conforming License Amendments ML21277A2462021-09-29029 September 2021 Resubmittal of Solutions Decommissioning Quality Assurance Program (Dqap), Revision 0 2024-01-26
[Table view] Category:Inspection Report
MONTHYEARIR 05000305/20230022023-12-27027 December 2023 NRC Inspection Report 05000305/2023002 (Drss); 07200064/2023001 (Drss) IR 05000305/20230012023-08-17017 August 2023 NRC Inspection Report No. 05000305/2023001-Kewaunee Power Station IR 05000305/20220022023-01-0303 January 2023 NRC Inspection Report Nos. 05000305/2022002(DRSS) Kewaunee Power Station IR 05000305/20220012022-08-0101 August 2022 NRC Inspection Report Nos. 05000305/2022001(DNMS) - Kewaunee Power Station IR 05000305/20210012021-12-27027 December 2021 NRC Inspection Report Nos. 05000305/2021001 (Dnms); 07200064/2021001 (DNMS) IR 07200064/20214012021-04-30030 April 2021 Decomissioning Power Station - Independent Spent Fuel Storage Installation Security Inspection Report 07200064/2021401 IR 05000305/20200012021-01-0707 January 2021 NRC Inspection Report No. 05000305/2020001(DNMS) Kewaunee Power Station IR 05000305/20020062020-05-12012 May 2020 Final ASP Analysis - Kewuanee (IR 050003052002006) IR 05000305/20190012020-01-29029 January 2020 NRC Inspection Report Nos. 05000305/2019001 and 07200064/2019001 - Kewaunee Power Station IR 05000305/20180012019-01-15015 January 2019 NRC Inspection Report No. 05000305/2018001(DNMS) - Kewaunee Power Station IR 05000305/20184012018-05-10010 May 2018 (Permanently Shutdown) Independent Spent Fuel Storage Installation - Security Inspection Report 05000305/2018401; 07200064/2018401 (DRS-E.Bonano) IR 05000305/20170022018-02-20020 February 2018 NRC Inspection Report No. 05000305/2017002(DNMS) - Kewaunee Power Station IR 05000305/20170012017-07-21021 July 2017 NRC Inspection Report Nos. 05000305/2017001(DNMS) and 07200064/2017001 IR 05000305/20164012017-01-19019 January 2017 (Permanently Shut Down) - NRC Security Inspection Report 05000305/2016401 (Dnms); 07200064/2016401 (DNMS) IR 05000305/20160012017-01-17017 January 2017 NRC Inspection Report 05000305/2016001 (Dnms); 07200064/2016001, Kewaunee Power Station IR 05000305/20150042016-08-19019 August 2016 NRC Inspection Report 05000305/2015004 (Dnms); 07200064/2015002 (Dnms), October 27, 2015, Through August 10, 2016 IR 05000305/20150032016-02-0808 February 2016 NRC Inspection Report 05000305/2015003 (DNMS) and 07200064/2015001(DNMS) Kewaunee Power Station IR 05000305/20154012016-01-15015 January 2016 Re-Issued Kewaunee Power Station (Permanently Shut Down) - NRC Security Inspection Report Nos. 05000305/2015401 (DNMS) and 07200064/2015402(DNMS) Cover Letter IR 05000305/20150022015-08-13013 August 2015 IR 05000305/2015002 (Dnms), April 1, 2015, Through June 30, 2015, Kewaunee Power Station IR 05000305/20150012015-05-12012 May 2015 IR 05000305/2015-001; January 1, 2015 Through March 31, 2015; Kewaunee Power Station, NRC Inspection Report IR 05000305/20144012015-03-31031 March 2015 EA-14-231; Notice of Violation and Proposed Imposition of Civil Penalty - $17,500 - Kewaunee Power Station (Permanently Shut Down); NRC Security Inspection Report Nos. 05000305/2014401(DNMS) and 07200064/2014401(DNMS) (Cover Letter & Enc. 1 IR 05000305/20140042015-02-0404 February 2015 IR 05000305/2014004(DNMS)Kewaunee Power Station IR 05000305/20140032014-11-13013 November 2014 IR 05000305/2014003 (DNMS) and 07200064/2014001 (Dnms), 07/01/2014 Through 09/30/2014, Kewaunee Power Station IR 05000305/20140022014-09-16016 September 2014 IR 05000305/2014002 (Dnms), April 1, 2014 Through June 30, 2014, Kewaunee Power Station IR 05000305/20140012014-04-24024 April 2014 NRC Inspection Report No. 05000305-14-001(DNMS) - Kewaunee Power Station IR 05000305/20130112014-03-10010 March 2014 IR 05000305-13-011, on 12/31/2014, Kewaunee Power Station, NRC Inspection Report IR 05000305/20132012014-01-24024 January 2014 IR 05000305-13-201; 12/10/2013 - 12/11/2013; Kewaunee Power Station; Target Set Inspection (Cover Letter) IR 05000305/20130102014-01-23023 January 2014 IR 05000305-13-010 on 10/28/2013 - 12/16/2013; Kewaunee Power Station; Emergency Preparedness Biennial Exercise Inspection IR 05000305/20135042013-11-0707 November 2013 Kewaunne Power Station, Response to NRC Inspection Report 05000305-13-504 Request IR 05000305/20130042013-10-31031 October 2013 IR 05000305-13-004 & 05000305-13-009; 06/01/2013 - 09/30/2013; Kewaunee Power Station IR 05000305/20130032013-07-12012 July 2013 IR 05000305-13-003; 04/01/2013 - 05/31/203; Kewaunee Power Station, NRC Integrated Inspection IR 05000305/20134052013-07-10010 July 2013 IR 05000305-13-405; 06/03/2013 - 06/07/2013; Kewaunee Power Station; Routine Security Inspection (Cover Letter Only) IR 05000305/20130022013-05-14014 May 2013 IR 05000305-13-002, on 01/01/2013 - 03/31/2013, Kewaunee Power Station (Kps); Equipment Alignment, Maintenance Risk Assessments and Emergent Work Control, and Identification and Resolution of Problems IR 05000305/20134032013-05-0303 May 2013 IR 05000305-13-403, on 04/01/2013 - 04/05/2013, Kewaunee Power Station; Routine Security Baseline Inspection (Cover Letter Only) IR 05000305/20130082013-04-30030 April 2013 EA-12-266; Final Significance Determination of a White Finding with Proposed Followup; Notice of Violation and Proposed Imposition of Civil Penalty - $70,000; NRC Inspection Report No. 05000305/2013008; Kewaunee Power Station/Letter IR 05000305/20130072013-03-0404 March 2013 IR 05000305-13-007, 01/03/2012, Kewaunee Power Station, Preliminary White Finding, and Results of NRC Office of Investigation Report No. 3-012-010 IR 05000305/20120012013-03-0404 March 2013 Annual Assessment Letter for Kewaunee Power Station (Report 05000305/2012001) IR 05000305/20134042013-02-20020 February 2013 IR 05000305-13-404; 01/14/2013 - 01/24/2013; Kewaunee Power Station; Routine Security Baseline Inspection. (Cover Letter Only) IR 05000305/20120052013-02-0808 February 2013 IR 05000305-12-005, 10/01/2012 - 13/31/2012, Kewaunee Power Station; Adverse Weather Protection, Equipment Alignment, and Maintenance of Emergency Preparedness IR 05000305/20125032013-01-24024 January 2013 IR 05000305-12-503; 12/10/2012 - 12/17/2012, Kewaunee Power Station (Kps), Emergency Preparedness Focused Baseline Inspection IR 05000305/20124032013-01-0909 January 2013 NRC Material Control and Accounting Program Inspection Report 05000305/2012403 - Cover Letter Only IR 05000305/20125012013-01-0707 January 2013 IR 05000305-12-501 and 05000305-12-502, on 12/31/2012, for Kewaunee Power Station, NRC Emergency Preparedness Annual Report IR 05000305/20120092012-12-21021 December 2012 IR 05000305-12-009 on 10/01/2012 - 11/02/2012; Kewaunee Power Station; Component Design Bases Inspection (CDBI) IR 05000305/20120042012-11-0505 November 2012 IR 05000305-12-004, 07/01/12 - 09/30/2012, Kewaunee Power Station NRC Integrated Inspection Report IR 05000305/20120082012-11-0101 November 2012 IR 05000305-12-008, 09/10/2012-09/28/012, Kewaunee Power Station, NRC Problem Identification and Resolution IR 05000305/20120032012-08-0909 August 2012 IR 05000305-12-003, 04/01/2012 - 06/30/2012, Kewaunee Power Station; Plant Modifications, Outage Activities, Identification and Resolution of Problems, and Follow Up of Events and Notices of Enforcement Discretion IR 05000305/20124042012-08-0606 August 2012 IR 05000305-12-404(DRS); 07/09/2012 - 07/19/2012, Kewaunee Power Station; Routine Security Baseline Inspection - Cover Letter IR 05000305/20120072012-05-16016 May 2012 IR 05000305-12-007, 04/09/2012 - 04/18/2012, Kewaunee Power Station Post-Approval Site Inspection for License Renewal IR 05000305/20120022012-05-10010 May 2012 IR 05000305-12-002, on 01/01/2012 - 03/31/2012, Kewaunee Power Station (Kps); Post-Maintenance Testing; Surveillance Testing; and Follow-Up of Events and Notices of Enforcement Discretion IR 05000305/20124022012-02-23023 February 2012 IR 05000305-12-402 (Drs), 01/23/2012 - 01/26/2012, Kewaunee Power Station, Routine Security Baseline Inspection 2023-08-17
[Table view] |
Text
ber 3, 2008
SUBJECT:
KEWAUNEE POWER STATION NRC SECURITY BASELINE INSPECTION REPORT 05000305/2008405(DRS)
Dear Mr. Christian:
On September 19, 2008, the U.S. Nuclear Regulatory Commission (NRC) completed a security baseline inspection at your Kewaunee Power Station. The inspection covered one or more of the key attributes of the security cornerstone of the NRCs Reactor Oversight Process. The enclosed inspection report documents the inspection results, which were discussed on September 19, 2008, with Mr. Scace and other members of your staff.
The inspection examined activities conducted under your license as they relate to security and compliance with the Commissions rules and regulations and with the conditions of your license.
The inspector reviewed selected procedures and records, observed activities, and interviewed personnel.
This report documents one NRC-identified finding of very low security significance (i.e., Green as determined by the Physical Protection Significance Determination Process). The deficiency was 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 inspector left the site. The finding had a cross-cutting aspect in the area of Human Performance because the licensee failed to use conservative assumptions in their decision-making process.
However, because of its very low security significance, and because the issue was entered into your corrective action program, the NRC is treating the violation as a Non-Cited Violation (NCV)
consistent with Section VI.A.1 of the NRC Enforcement Policy. If you contest this NCV, you should provide a response within 30 days of the date of this inspection report, with the basis EXEMPT FROM PUBLIC DISCLOSURE May be exempt from public release under the Freedom of Information Act (5 U.S.C. 552)
Exemption number: 5___________ Enclosure transmitted herewith contains Nuclear Regulatory Commission review required before public Safeguards Information. When separated release. from enclosure, this transmittal document is decontrolled.
Dale Lawver, RIII/DRS/PSB___________
Name and organization of person making determination.
Date of determination: 09/19/2008______ for your denial, to the U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, DC 20555-001, with copies to the Regional Administrator, U.S. Nuclear Regulatory Commission - Region III, 2443 Warrenville Road, Suite 210, Lisle, IL 60532-4352; the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; and the Resident Inspector at the Kewaunee Power Station.
In accordance with 10 CFR 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 Agencywide Documents Access and Management System (ADAMS), accessible from the NRC Web site 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 letters 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 Room or from the NRCs document system, ADAMS. If Safeguards Information is necessary to provide an 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/
Eric Duncan, Chief Plant Support Branch Division of Reactor Safety Docket No. 50-305 License No. DPR-43 Nonpublic Enclosure: Inspection Report 05000305/2008405(DRS);
w/Attachment: Supplemental Information ( )
See Attached Distribution