IR 05000285/2011406: Difference between revisions

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{{Adams
{{Adams
| number = ML120450931
| number = ML12108A186
| issue date = 02/14/2012
| issue date = 04/16/2012
| title = Special IR 05000285-11-406, Fort Calhoun Station, Preliminary Greater than Green Findings
| title = EA-11-246 - Fort Calhoun Station - Final Significance Determination for Security-Related Greater than Green Findings, NRC Inspection Report 05000285-11-406 and Notice of Violation
| author name = Vegel A
| author name = Collins E E
| author affiliation = NRC/RGN-IV/DRS
| author affiliation = NRC/RGN-IV/ORA
| addressee name = Bannister D J
| addressee name = Bannister D J
| addressee affiliation = Omaha Public Power District
| addressee affiliation = Omaha Public Power District
Line 13: Line 13:
| document report number = IR-11-406
| document report number = IR-11-406
| document type = Letter
| document type = Letter
| page count = 5
| page count = 2
}}
}}


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=Text=
=Text=
{{#Wiki_filter:OFFICIAL USE ONLY " " February 14, 2012  
{{#Wiki_filter:FOR " "
FOR April 16, 2012 EA-11-246


EA-11-246 David J. Bannister, Vice President and Chief Nuclear Officer Omaha Public Power District Fort Calhoun Station FC-2-4 P.O. Box 550 Fort Calhoun, NE 68023-0550
David J. Bannister, Vice President and Chief Nuclear Officer Omaha Public Power District Fort Calhoun Station FC-2-4 P.O. Box 550 Fort Calhoun, NE 68023-055


SUBJECT: FORT CALHOUN STATION - NRC SPECIAL INSPECTION REPORT 05000285/2011406; PRELIMINARY GREATER THAN GREEN FINDINGS
SUBJECT: FORT CALHOUN STATION - FINAL SIGNIFICANCE DETERMINATION FOR SECURITY-RELATED GREATER THAN GREEN FINDINGS, NRC INSPECTION REPORT 05000285/2011406 AND NOTICE OF VIOLATION


==Dear Mr. Bannister:==
==Dear Mr. Bannister:==
On January 18, 2012, the U.S. Nuclear Regulatory Commission (NRC) completed a reactive inspection at your Fort Calhoun Station. The enclosed inspection report documents the inspection results, which were discussed on January 18, 2012, with Mr. W. Goodell, Manager, Nuclear Performance Improvement and Support, and other members of your staff.
This letter provides you the final results of our significance determination of the preliminary Greater than Green findings identified in our previous communication dated February 14, 2012, which included the subject inspection report. These Greater than Green findings were discussed in detail in Sections 3.0 and 3.1 of the subject inspection report.


The inspection was commenced on September 26, 2011, in accordance with NRC Management Directive 8.3, "NRC Incident Investigation Program," and Inspection Manual Chapter 0309, "Reactive Inspection Decision Basis for Reactors," based on the initial deterministic criteria evaluation made by the NRC on June 8, 2011.
On March 15, 2012, you provided additional information regarding the findings. In this letter you stated that Omaha Public Power District agrees with the descriptions of the apparent violations, the significance of the violations, and the assigned crosscutting aspects. In addition, you declined your opportunity to discuss this issue in a Regulatory Conference.


The inspection reviewed the circumstances surrounding an issue which occurred on May 24, 2011, and 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 attached report documents one or more findings that have preliminarily been determined to be Greater than Green (i.e., findings of greater than very low security significance) that may result in the need for further evaluation to determine the significance, and therefore the need for additional NRC action. Each finding was assessed based on the best available information, using the Physical Protection Significance Determination Process (PPSDP). The deficiencies 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 inspector's left the area.
After considering the information developed during the inspection, and the information you provided in your March 15 letter, the NRC has concluded that the inspection findings are appropriately characterized as Greater than Green, a finding having more than very low security significance. Fort Calhoun Station is currently shutdown and in the oversight process described by Inspection Manual Chapter 0350, "Oversight of Reactor Facilities in a Shutdown Condition Due to Significant Performance and/or Operational Concerns." Therefore, follow up inspection activities related to these findings will be incorporated into the Inspection Manual Chapter 0350 restart and inspection process. FOR FOR You have 30 calendar days from the date of this letter to appeal the staff's determination of significance for the identified Greater than Green findings. Such appeals will be considered to have merit only if they meet the criteria given in NRC Inspection Manual Chapter 0609, Attachment 2.


One or more findings are also apparent violations of NRC requirements and are 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/doc-collections/enforcement. In accordance with NRC Inspection Manual Chapter (IMC) 0609, we intend to complete our evaluation using the best available information and issue our final determination of security significance within 90 days of the date of this letter. The significance determination process encourages an open dialogue between the NRC staff and the licensee; however, the dialogue should not impact the timeliness of the staff's final determination.
The NRC has also determined that the conditions discussed are violations of 10 CFR 73.21(a), and 10 CFR 73.55(b)(10), as cited in the attached Notice of Violation (Notice). The circumstances surrounding the violations are described in detail in the subject inspection report. In accordance with the NRC Enforcement Policy, the Notice of Violation is considered escalated enforcement action because it is associated with Greater than Green findings.


Before we make our final significance determination, we are providing you with an opportunity to (1) 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 of 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 not be open for public observation. If you decide to submit only a written response, such submittal should be sent to the NRC within 30 days of your receipt of this letter. If you decline to request a Regulatory Conference or submit a written response, you relinquish your right to appeal the final SDP determination, in that by not doing either, you fail to meet the appeal requirements stated in the Prerequisite and Limitation sections of Attachment 2 of IMC 0609.
You are required to respond to this letter and should follow the instructions specified in the enclosed Notice when preparing your response.


Please contact Mr. Michael C. Hay, Chief, Plant Support Branch 1, Division of Reactor Safety, at (817) 200-1527 and in writing within 10 days from the issue date of this letter to notify the NRC of your intentions. If we have not heard from you within 10 business days, we will continue with our significance determination and enforcement decision. The final resolution of this matter will be conveyed in separate correspondence.
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 (PARS) component of NRC's Agencywide Documents and Access Management System (ADAMS). ADAMS is accessible from the NRC Web site at www.nrc.gov/reading-rm/adams.html (the Public Electronic Reading Room). However, the material enclosed herewith contains Security-Related Information in accordance with 10 CFR 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 NRC Public Document Room or from ADAMS. If Security-Related Information is necessary to provide an acceptable response, please follow the instructions for withholding in 10 CFR 2.390(b)(1).


Because the NRC has not made a final determination in this matter, no Notice of Violation is being issued for these inspection findings at this time. In addition, please be advised that the number and characterization of the apparent violations described in the enclosed inspection report may change as a result of further NRC review.
In accordance with 10 CFR 2.390(b)(1)(ii), the NRC is waiving the affidavit requirements for your response. You may contact Michael Hay of my staff at 817-200-1215 with any questions.


One crosscutting aspect was assigned to each finding. The crosscutting aspects were both related to problem identification and resolution. The first involved the failure to thoroughly evaluate problems such that resolutions effectively addressed the causes and extent of conditions and the second involved the failure to implement effective corrective actions such that deficiencies are effectively resolved, [P.1.(c)] and [P.1.(d)], respectively. If you disagree with a cross-cutting aspect assignment in this report, you should provide a response within 30 days of the date of this inspection report, with the basis for your disagreement, to the Regional Administrator, Region IV, and the NRC Resident Inspector at the Fort Calhoun Station.
Sincerely,/RA/
Elmo E. Collins Regional Administrator Docket: 50-285 License: DPR-40


In accordance with 10 CFR 2.390 of the NRC's "Rules of Practice," once separated from the enclosure, a copy of this letter will be made available electronically for public inspection in the NRC Public Document Room or from the NRC's Agencywide Documents Access Management System (ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. However, the material enclosed within contains Security-Related Information in accordance with 10 CFR 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 NRC Public Document Room or from the NRC's ADAMS, accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html
===Enclosures:===
. Because this issue involves Security-Related Information, if you chose to respond, your response will not be made available for public inspection in the NRC Public Document Room or from the NRC's 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 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.
1. Notice of Violation 2. NRC Evaluations and Conclusions cc w/o enclosures: Electronic Distribution
 
Sincerely,/RA/ Anton Vegel, Director Division of Reactor Safety
 
Docket: 50-285 License: DPR-40 Nonpublic
 
===Enclosure:===
NRC Inspection Report 05000285/2011406
 
===w/Attachments:===
1. Supplemental Information 2. Fort Calhoun Special Inspection Team Charter 3. Chronology of Events at Fort Calhoun
}}
}}

Revision as of 05:04, 2 August 2018

EA-11-246 - Fort Calhoun Station - Final Significance Determination for Security-Related Greater than Green Findings, NRC Inspection Report 05000285-11-406 and Notice of Violation
ML12108A186
Person / Time
Site: Fort Calhoun Omaha Public Power District icon.png
Issue date: 04/16/2012
From: Collins E E
Region 4 Administrator
To: Bannister D J
Omaha Public Power District
References
EA-11-246 IR-11-406
Download: ML12108A186 (2)
v • d • e


Text

FOR " "

FOR April 16, 2012 EA-11-246

David J. Bannister, Vice President and Chief Nuclear Officer Omaha Public Power District Fort Calhoun Station FC-2-4 P.O. Box 550 Fort Calhoun, NE 68023-055

SUBJECT: FORT CALHOUN STATION - FINAL SIGNIFICANCE DETERMINATION FOR SECURITY-RELATED GREATER THAN GREEN FINDINGS, NRC INSPECTION REPORT 05000285/2011406 AND NOTICE OF VIOLATION

Dear Mr. Bannister:

This letter provides you the final results of our significance determination of the preliminary Greater than Green findings identified in our previous communication dated February 14, 2012, which included the subject inspection report. These Greater than Green findings were discussed in detail in Sections 3.0 and 3.1 of the subject inspection report.

On March 15, 2012, you provided additional information regarding the findings. In this letter you stated that Omaha Public Power District agrees with the descriptions of the apparent violations, the significance of the violations, and the assigned crosscutting aspects. In addition, you declined your opportunity to discuss this issue in a Regulatory Conference.

After considering the information developed during the inspection, and the information you provided in your March 15 letter, the NRC has concluded that the inspection findings are appropriately characterized as Greater than Green, a finding having more than very low security significance. Fort Calhoun Station is currently shutdown and in the oversight process described by Inspection Manual Chapter 0350, "Oversight of Reactor Facilities in a Shutdown Condition Due to Significant Performance and/or Operational Concerns." Therefore, follow up inspection activities related to these findings will be incorporated into the Inspection Manual Chapter 0350 restart and inspection process. FOR FOR You have 30 calendar days from the date of this letter to appeal the staff's determination of significance for the identified Greater than Green findings. Such appeals will be considered to have merit only if they meet the criteria given in NRC Inspection Manual Chapter 0609, Attachment 2.

The NRC has also determined that the conditions discussed are violations of 10 CFR 73.21(a), and 10 CFR 73.55(b)(10), as cited in the attached Notice of Violation (Notice). The circumstances surrounding the violations are described in detail in the subject inspection report. In accordance with the NRC Enforcement Policy, the Notice of Violation is considered escalated enforcement action because it is associated with Greater than Green findings.

You are required to respond to this letter and should follow the instructions specified in the enclosed Notice when preparing your response.

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 (PARS) component of NRC's Agencywide Documents and Access Management System (ADAMS). ADAMS is accessible from the NRC Web site at www.nrc.gov/reading-rm/adams.html (the Public Electronic Reading Room). However, the material enclosed herewith contains Security-Related Information in accordance with 10 CFR 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 NRC Public Document Room or from ADAMS. If Security-Related Information is necessary to provide an acceptable response, please 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. You may contact Michael Hay of my staff at 817-200-1215 with any questions.

Sincerely,/RA/

Elmo E. Collins Regional Administrator Docket: 50-285 License: DPR-40

Enclosures:

1. Notice of Violation 2. NRC Evaluations and Conclusions cc w/o enclosures: Electronic Distribution

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