ML080840016

IR 05000289-08-402; on 02/04/2008 - 02/08/2008; Three Mile Island, Unit 1; Protective Strategy. (Cover Letter)

ML080840016
Person / Time
Site:	Three Mile Island
Issue date:	03/20/2008
From:	Gamberoni M Division of Reactor Safety I
To:	Pardee C Exelon Generation Co
References
EA-08-064 IR-08-402
Download: ML080840016 (6)

See also: IR 05000289/2008402

Text

SAFEGUARDS INFORMATION

March 20, 2008

EA-08-064

Enclosure Contains Safeguards Information.

When Separated from enclosure, this

document is not Safeguards Information.

Mr. Charles G. Pardee

Chief Nuclear Officer and Senior Vice President

Exelon Generation Company, LLC

200 Exelon Way, KSA 3-E

Kennett Square, PA 19348

SUBJECT: THREE MILE ISLAND, UNIT 1 - NRC PHYSICAL SECURITY BASELINE

INSPECTION REPORT 05000289/2008402; PRELIMINARY GREATER THAN

GREEN FINDING

Dear Mr. Pardee:

On February 8, 2008, the U.S. Nuclear Regulatory Commission (NRC) completed a security

baseline inspection at your Three Mile Island, Unit 1 facility. 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

February 8, 2008, with Mr. Thomas Dougherty, Plant Manager 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 inspectors reviewed selected procedures and records, observed activities, and interviewed

personnel.

Based on the results of this inspection, a finding was identified which was preliminarily

determined to be greater than very low safety significance (i.e., greater than Green as

determined by the Physical Protection Significance Determination Process (PPSDP)). The

deficiency was identified by the licensee. Recognizing local sensitivities related to the

identification of inattentive officers at another facility last year, the staff notes that this finding

does not involve inattentive security officers.

SAFEGUARDS INFORMATION DETERMINATION

Warning: Violation of section 147 of the Atomic

MADE BY:

Energy Act, ASafeguards Information@ is subject to

NAME/TITLE: James Trapp, Chief

civil and criminal penalties

ORGANIZATION: RI/DRS/PSB1

BASIS: DG-SG-1:_(300) Physical Protection Program

SIGNATURE___/RA/__________ DATE:_03/20/08_

SAFEGUARDS INFORMATION

SAFEGUARDS INFORMATION

C. Pardee 2

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 inspectors left the site. The finding is also an apparent violation (AV) of NRC

requirements and is being considered for escalated enforcement action in accordance with the

Enforcement Policy, which can be found on the NRCs Web Site at http:// www.nrc.gov/reading-

room/adams.html.

Before we make a final significance decision regarding the preliminary greater than Green

findings, 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 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. James Trapp of my staff at (610) 337- 5186 within 10 business days of the

date of your 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 decision.

You will be advised by separate correspondence of the results of our deliberations on this

matter. No response regarding the apparent violation is required at this time. Since the NRC

has not made a final determination in this matter, no Notice of Violation is being issued for this

inspection finding at this time. In addition, please be advised that the number and

characterization of the apparent violation described in the enclosed inspection report may

change as a result of further NRC review.

In accordance with 10 CFR 2.390 of the NRCs 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 (PARS) component of NRCs document system, ADAMS. ADAMS is

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 73.21, a copy of this letters enclosure will not be

available for public inspection.

SAFEGUARDS INFORMATION

SAFEGUARDS INFORMATION

C. Pardee 3

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).

Sincerely,

/RA/

Marsha K. Gamberoni, Director

Division of Reactor Safety

Docket Nos. 50-289

License Nos. DPR-50

Enclosure: Inspection Report 05000289/2008402

w/Attachment: Supplemental Information

(CONTAINS SAFEGUARDS INFORMATION (SGI))

SAFEGUARDS INFORMATION

SAFEGUARDS INFORMATION

C. Pardee 3

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).

Sincerely,

/RA/

Marsha K. Gamberoni, Director

Division of Reactor Safety

Docket Nos. 50-289

License Nos. DPR-50

Enclosure: Inspection Report 05000289/2008402

w/Attachment: Supplemental Information

(CONTAINS SAFEGUARDS INFORMATION (SGI))

DOCUMENT NAME: A:\TMI BI 2008 Att 5 SGI Report 02-4-8-08 Rev 8.doc

SUNSI Review Complete: JMT (Reviewer=s Initials) ADAMS ACCESSION NO. ML080840016

After declaring this document AAn Official Agency Record,@ the letter only will be released to the Public.

To receive a copy of this document, indicate in the box: "C" = Copy without attachment/enclosure "E" = Copy with attachment/enclosure "N" =

No copy

OFFICE RI/DRS E RI/DRS RI/DRS RI/DRS/SRA RI/DRP

NAME GSmith/JMT for* DJohnson/JMT for* DCaron/DCC WSchmidt/WLS RBellamy/GSB for

DATE 03/10/08 03/10/08 03/20/08 03/11/08 03/11/08

OFFICE RI/DRS RI/ORA HQ/NSIR RI/DRS

NAME JTrapp/JMT* RSummers/RJS* RCorreia/via MGamberoni/MKG

w/comments email to RJS

DATE 03/20/08 03/20/08 03/20/08 03/20/08

OFFICIAL RECORD COPY

• See Previous Concurrence Page

SAFEGUARDS INFORMATION

SAFEGUARDS INFORMATION

4

cc w/encl w/SGI:

D. Mohre, Security Manager, TMI

D. Allard, Director, PA Department of Environmental Protection

J. Powers, Director, PA Office of Homeland Security

cc w/o encl w/o SGI:

C. Crane, Executive Vice President and Chief Operating Officer, Exelon Generation

W. Noll, Site Vice President - TMI Unit 1, AmerGen

T. Dougherty, Plant Manager - TMI, Unit 1, AmerGen

Manager, Regulatory Assurance - TMI, Unit 1, AmerGen

Senior Vice President - Nuclear Services, AmerGen

Senior Vice President - Mid-Atlantic Operations, AmerGen

Senior Vice President - Operations Support, AmerGen

Vice President - Licensing and Regulatory Affairs, AmerGen

Director Licensing - AmerGen

Manager Licensing - TMI, AmerGen

Vice President - General Counsel and Secretary, AmerGen

T. ONeill, Associate General Counsel, Exelon Generation Company

J. Fewell, Esq., Assistant General Counsel, Exelon Nuclear

Correspondence Control Desk - AmerGen

Chairman, Board of County Commissioners of Dauphin County

Chairman, Board of Supervisors of Londonderry Township

R. Janati, Director, Bureau of Radiation Protection, State of PA

J. Johnsrud, National Energy Committee

E. Epstein, TMI-Alert (TMIA)

R. French, Director, PA Emergency Management Agency

SAFEGUARDS INFORMATION

SAFEGUARDS INFORMATION

5

Distribution w/o encl w/o SGI, Via e-mail:

S. Collins, RA

M. Dapas, DRA

D. Lew, DRP

J. Clifford, DRP

R. Bellamy, DRP

S. Barber, DRP

A. Rosebrook, DRP

J. Brand, DRP, Resident Inspector

C. LaRegina, DRP, OA

G. West, RI OEDO

P. Bamford, PM, NRR

E. Miller, NRR, Backup

J. Lubinski, NRR

H. Chernoff, NRR

ROPreports@nrc.gov

Region I Docket Room (with concurrences)

D. Holody, ORA, RI

K. Farrar, ORA, RI

R. Summers, ORA, RI

A. DeFrancisco, ORA, RI

C. ODaniell, ORA, RI

M. Gamberoni, DRS

D. Roberts, DRS

J. Trapp, DRS

Distribution w/encl w/SGI:

G. Smith, DRS

D. Kern, DRP, Sr. Resident Inspector

D. Riffle, NSIR

SAFEGUARDS INFORMATION