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{{Adams
#REDIRECT [[IR 05000445/2016201]]
| number = ML16315A045
| issue date = 12/08/2016
| title = NRC Security Inspection Report 05000445/2016201 and 05000446/2016201 Preliminary Greater than Green Finding
| author name = Layton M
| author affiliation = NRC/NSIR/DSO
| addressee name = Peters K
| addressee affiliation = Comanche Peak Nuclear Power Co, LLC, TEX Operations Company, LLC
| docket = 05000445, 05000446
| license number = NPF-087, NPF-089
| contact person = Dexter R
| case reference number = EA-16-143
| document report number = IR 2016201
| document type = Letter
| page count = 5
}}
See also: [[see also::IR 05000446/2016201]]
 
=Text=
{{#Wiki_filter:SAFEGUARDS INFORMATION
                                        December 8, 2016
EA-16-143
Mr. Ken Peters, Senior Vice President
  and Chief Nuclear Officer
Comanche Peak Nuclear Power Plant
TEX Operations Company LLC
Mail Code E01
6322 North FM 56
Glen Rose, TX 76043
SUBJECT:        COMANCHE PEAK NUCLEAR POWER PLANT, UNITS 1 AND 2 - NRC
                SECURITY INSPECTION REPORT 05000445/2016201 AND
                05000446/2016201 PRELIMINARY GREATER THAN GREEN FINDING
Dear Mr. Peters,
On November 8, 2016, the U.S. Nuclear Regulatory Commission (NRC) completed a security
inspection at your Comanche Peak Nuclear Power Plant, Units 1 and 2. On November 8, 2016,
the NRC inspectors discussed the results of this inspection with you and other members of your
staff. The results of this inspection are documented in the enclosed report.
Section 3.2.b of the enclosed report documents a finding with an associated apparent violation
that the NRC has preliminarily determined to have greater than very low security significance.
We assessed the significance of each finding using the Physical Protection Significance
Determination Process (SDP) and readily available information. The deficiencies associated
with the finding 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 area.
We are considering escalated enforcement for the apparent violation consistent with our
Enforcement Policy, which can be found at http://www.nrc.gov/about-nrc/regulatory/
enforcement/enforce-pol.html. Because the NRC has not made a final determination in this
matter, no Notice of Violation is being issued 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.
  The enclosure transmitted herewith contains Safeguards Information. When separated from
                      the enclosure, this transmittal document is decontrolled.
                                  SAFEGUARDS INFORMATION
 
                                  SAFEGUARDS INFORMATION
K. Peters                                        -2-
We intend to issue our final significance determination and enforcement decision, in writing,
within 90 days from the date of this letter. The NRCs significance determination process (SDP)
is designed to encourage an open dialogue between your staff and the NRC; however, neither
the dialogue nor the written information you provide should affect the timeliness of our final
determination.
Before we make a final decision on this matter, 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 on the finding to the NRC in writing.
If you request a regulatory conference, it should be held within 40 days of your receipt of this
letter and we encourage you to submit supporting documentation at least 10 days prior to the
conference in an effort to make the conference more efficient and effective. The focus of the
regulatory conference is to discuss the significance of the finding and not necessarily the root
cause(s) or corrective action(s) associated with the finding. If you choose to attend a regulatory
conference, it will be closed to public observation since Security-Related Information will be
discussed. If you decide to submit only a written response, it should be sent to the NRC within
40 days of your receipt of this letter. If you decline to request a regulatory conference or to
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 the NRC Inspection Manual Chapter 0609.
If you choose to send a response, it should be clearly marked as a Response to an Apparent
Violation; (EA-16-143) and should include for the apparent violation: (1) the reason for the
apparent violation or, if contested, the basis for disputing the apparent violation; (2) the
corrective steps that have been taken and the results achieved; (3) the corrective steps that will
be taken; and (4) the date when full compliance will be achieved. Your response may reference
or include previously docketed correspondence, if the correspondence adequately addresses
the required response.
Additionally, your response should be sent to the U.S. Nuclear Regulatory Commission,
ATTN: Document Control Desk, Washington, DC 20555-0001; with copies to the Regional
Administrator, Region IV, 1600 E. Lamar Blvd, Arlington, Texas 76011; the Director, Office of
Enforcement, Washington, DC 20555-0001; the Director, Office of Nuclear Security and
Incident Response, Washington, DC 20555-0001; and the NRC resident inspector at the
Comanche Peak Nuclear Power Plant, Units 1 and 2. If an adequate response is not received
within the time specified or an extension of time has not been granted by the NRC, the NRC will
proceed with its enforcement decision or schedule a Regulatory Conference.
                                  SAFEGUARDS INFORMATION
 
                                  SAFEGUARDS INFORMATION
K. Peters                                        -3-
Please contact Mr. Robert C. Johnson, Chief, Security Performance Evaluations Branch
at 301-287-3688, and in writing, within 7 days from the issue date of this letter to notify the NRC
of your intentions. If we have not heard from you within 7 days, we will continue with our
significance determination and enforcement decision.
The NRC inspectors also documented one finding of very low security significance (Green) in
the enclosed report. This finding involved a violation of NRC requirements. The NRC is treating
this violation as a non-cited violation (NCV) consistent with Section 2.3.2.a of the Enforcement
Policy.
If you contest the violation or significance of the NCV, 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, 1600 E. Lamar Blvd, Arlington,
Texas 76011; the Director, Office of Enforcement, Washington, DC 20555-0001; the Director,
Office of Nuclear Security and Incident Response, Washington, DC 20555-0001; and the NRC
resident inspector at the Comanche Peak Nuclear Power Plant, Units 1 and 2.
In accordance with Title 10 of the Code of Federal Regulations (10 CFR) 2.390 of the NRCs
Rules of Practice and Procedure, a copy of this letter will be made available electronically for
public inspection in the NRC Public Document Room and in the NRCs Agencywide Documents
Access and Management System, accessible from the NRC Web site at
http://www.nrc.gov/reading-rm/adams.html.
                                  SAFEGUARDS INFORMATION
 
                                  SAFEGUARDS INFORMATION
K. Peters                                      -4-
However, the enclosed report contains Safeguards Information as defined by 10 CFR 73.21,
Protection of Safeguards Information: Performance Requirements, and its disclosure to
unauthorized individuals is prohibited by Section 147 of the Atomic Energy Act of 1954, as
amended. Therefore, the material in the enclosed report will not be made publically available. If
Safeguards Information is necessary to provide an acceptable response, please provide the
level of protection described in 10 CFR 73.21. If Security-Related Information is necessary to
provide an acceptable response, please 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 of your response.
                                            Sincerely,
                                            /RA D. Pretzello Acting for/
                                            Michael C. Layton, Director
                                            Division of Security Operations
                                            Office of Nuclear Security and Incident Response
Dockets: 50-445, 50-446
Licenses: NPF-87, NPF-89
Nonpublic Enclosure:
Inspection Report 05000445/2016201 and
05000446/2016201
  w/Attachment: Supplemental Information
cc w/enclosure: M. McNally, TEX Operations Company LLC
                                  SAFEGUARDS INFORMATION
 
 
MLML16315A045
  Entire Report:                          Non-Sensitive        Publicly Available    Keyword:
  SUNSI Review CompleteBy:              Sensitive            Non-Publicly Available MD 3.4 Non-Public A.3
  Cover Letter Only:                      Non-Sensitive        Publicly Available    Keyword:
  SUNSI Review CompleteBy:              Sensitive            Non-Publicly Available SUNSI Review Complete
  OFFICE      NSIR/DSO    NSIR/DSO      NSIR/DSO        Region IV      NSIR/DSO/SPEB  NSIR/DSO
  NAME        T. Barry    J. Berry      J. Clark        M. Haire        R. Johnson      D. Pretzello for/M. Layton
  DATE        11/1/2016  11/3/2016      11/15/2016      11/28/2016      12/08/16        12/08/2016
}}

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