ML093130237

NRC Security Inspection Greater than Green Finding

ML093130237
Person / Time
Site:	Susquehanna
Issue date:	11/09/2009
From:	Westreich B NRC/NSIR/DSO/DDSO
To:	Walsh K Entergy Nuclear Generation Co
References
IR-09-201
Download: ML093130237 (4)

Text

SAFEGUARDS INFORMATION November 9, 2009 Mr. Kevin T. Walsh Vice President Entergy Nuclear Generation Company 1448 SR 333 Russellville, AR 72802

SUBJECT:

ARKANSAS NUCLEAR ONE (ANO) PLANT - NRC SECURITY INSPECTION 05000313/2009201 AND 05000368/2009201; PRELIMINARY GREATER THAN GREEN FINDING

Dear Mr. Walsh:

On August 14, 2009, the U.S. Nuclear Regulatory Commission (NRC) completed a security baseline inspection at the Arkansas Nuclear One (ANO) Plant. 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 August 14, 2009 and October 6, 2009, with you and other members of your staff.

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 inspectors reviewed selected procedures and records, observed activities, and interviewed personnel.

Based on the results of this inspection, three findings were identified, two of which are of very low security significance (i.e., Green as determined by the Physical Protection Significance Determination Process (PPDSP). The other finding is preliminarily determined to be of greater than very low security significance (i.e., Greater than Green as determined by the PPSDP).

This finding has an associated cross-cutting area in Problem Identification and Resolution, within the area of Corrective Action Program under P1.c, Evaluates Problems because the licensee failed to conduct an adequate review of the extent of condition affecting systems effectiveness to ensure regulatory compliance is met. All deficiencies identified by the NRC 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 inspectors left the site.

Regarding the very low security significance violations (Green), because of the very low security significance and because they were entered into your corrective action program, the NRC is treating these violations as non-cited violations consistent with Section VI.A.1 of the NRC Enforcement Policy. If you contest these non-cited violations, you should provide a response within 30 days of the date of this inspection report, with the basis for your denial, to the U.S.

Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, DC 20555-0001; with copies to the Regional Administrator Region IV; Director, Office of Enforcement, U.S.

Nuclear Regulatory Commission, Washington, DC 20555-0001; and the Resident Inspector at ANO.

Enclosure contains Safeguards Information. Upon removal, this letter is decontrolled SAFEGUARDS INFORMATION

SAFEGUARDS INFORMATION K. Walsh Regarding the potentially greater than green finding, this finding is also an apparent violation of the 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-rm/adams.html. Before we make a final significance decision regarding the preliminary Greater than Green finding, 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. Michael Shannon, Acting Branch Chief, at (301) 415-6640 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.

Since the NRC has not made a final determination in this matter, no Notice of Violation is being issued for the inspection finding at this time. In addition, please be advised that the number of apparent violations and/or the characterization of the apparent violation described in the enclosed inspection report may change as a result of further NRC review.

In accordance with Title 10 of the Code of Federal Regulations (10 CFR) Section 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 Agency-wide Documents Access and Management System (ADAMS), 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 2.390, a copy of this letter's 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 Reading Room or from the NRCs document system, ADAMS. If Safeguards Information is necessary to provide and 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).

SAFEGUARDS INFORMATION

SAFEGUARDS INFORMATION K. Walsh Should you have any questions concerning this inspection, we will be pleased to discuss them with you.

Sincerely,

/RA/

Barry C. Westreich Deputy Director for Security Oversight Division of Security Operations Office of Nuclear Security and Incident Response Docket No.: 50-387, 50-388 License No.: NPF-14, NPF-22

Enclosure:

Inspection Report No. 05000313/2009201 and 05000368/2009201 w/ Attachments : Supplemental Information, Table of Security Personnel, Exercise One, Exercise Two, Exercise Three (SAFEGUARDS) cc w/encl:

F. Marcussen, Acting Site Security Manager, Arkansas Nuclear One Plant cc w/o encl:

Senior Vice President and COO, Entergy Nuclear Operations Vice President, Oversight, Entergy Nuclear Operations Manager, Licensing, Entergy Nuclear Operations Associate General Counsel, Entergy Nuclear Operations Senior Manager, Nuclear Safety and Licensing, Entergy Nuclear Operations cc w/encl:

D. Brady, STSB M. Shannon, R-IV J. Curry, DDSO/DSO Distribution: w/o encl:

E. Collins, RA K. Kalyanam, PM, NRR A. Sanchez, SRI, ANO M. Kowal, NRR J. Rotton, RI, ANO J. Hughey, NRR J. Josey, RI, ANO R. Nelson, NRR T. Howard, PMDA SAFEGUARDS INFORMATION

SAFEGUARDS INFORMATION K. Walsh Should you have any questions concerning this inspection, we will be pleased to discuss them with you.

Sincerely,

/RA/

Barry C. Westreich Deputy Director for Security Oversight Division of Security Operations Office of Nuclear Security and Incident Response Docket No.: 50-387, 50-388 License No.: NPF-14, NPF-22

Enclosure:

Inspection Report No. 05000313/2009201 and 05000368/2009201 w/ Attachments : Supplemental Information, Table of Security Personnel, Exercise One, Exercise Two, Exercise Three (SAFEGUARDS) cc w/encl:

F. Marcussen, Acting Site Security Manager, Arkansas Nuclear One Plant cc w/o encl:

Senior Vice President and COO, Entergy Nuclear Operations Vice President, Oversight, Entergy Nuclear Operations Manager, Licensing, Entergy Nuclear Operations Associate General Counsel, Entergy Nuclear Operations Senior Manager, Nuclear Safety and Licensing, Entergy Nuclear Operations cc w/encl:

D. Brady, STSB M. Shannon, R-IV J. Curry, DDSO/DSO Distribution: w/o encl:

E. Collins, RA K. Kalyanam, PM, NRR A. Sanchez, SRI, ANO M. Kowal, NRR J. Rotton, RI, ANO J. Hughey, NRR J. Josey, RI, ANO R. Nelson, NRR T. Howard, PMDA Accession No.ML093130237 OFFICE SS DSO TL: DSO/NSIR RIV/BC NAME J Clark J. Berry M. Shannon DATE 11/3/2009 11/6/2009 11/6/2009 OFFICE BC:DSO/NSIR DD:DSO/NSIR NAME R. Johnson B. Westreich DATE 11/6/2009 by MShannon for 11/9/2009 OFFICIAL RECORD COPY SAFEGUARDS INFORMATION