IR 05000352/2010402

IR 05000352-10-402, and IR 05000353-10-402, on 06/28/2010 - 08/23/2010, Limerick Generating Station, Access Control. (Letter Only)

ML102730780
Person / Time
Site:	Limerick
Issue date:	09/30/2010
From:	Roberts D J NRC Region 1
To:	Pacilio M J Exelon Generation Co, Exelon Nuclear
References
IR-10-402
Download: ML102730780 (7)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION REGION 475 ALLENDALE KING OF PRUSSIA, PA SAFEGUARDS INFORMATION September 2010 Enclosure Contains Safeguards Information.

When separated from enclosure, this Document is not : Safeguards Information

...__________ EA-2010-164 Mr. Michael Senior Vice President, Exelon Generation Company, LLC President and Chief Nuclear Officer, Exelon Nuclear 4300 Winfield Rd. Warrenville, IL 60555 LIMERICK GENERATING STATION -NRC SECURITY INSPECTION REPORT NOS. 05000352/2010402 AI\ID 05000353/2010402; PRELIMINARY GREATER THAN GREEN FINDING(S)

Dear Mr. Pacilio:

On August 23,2010, the U.S. Nuclear Regulatory Commission (NRC) completed a security baseline inspection at your Limerick Generating Station (Limerick).

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 July 2, and August 23,2010, with Mr. William Maguire, Site Vice President, and other members of your staff. The inspection examined activities conducted under your licenses as they relate to security and compliance with the Commission's rules and regulations and with the conditions of your licenses.

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

The enclosed report documents findings (one or more) that were preliminarily determined to be greater than very low security significance (i.e., greater than Green as determined by the Baseline Security Significance Determination Process (BSSDP>> which may result in the need for further evaluation to determine significance, and therefore, the need for additional NRC action. The number and nature of security-related greater-than-Green findings is considered to be sensitive information, and is not included in this letter, but is described in the non-publicly available report. The cause of the finding(s)

isfare related to the cross-cutting area of Problem Identification and Resolution (Corrective Action Program) because previous related issues were not evaluated such that the resolutions addressed causes and extent of condition

[P.1.(c)].

Warning: Violation of section 147 ofthe SAFEGUARDS INFO NAMEITITLE:

Ja TION DETERMINATION MAOE BY, I M. Trapp, Chief ____ Atomic Energy Act, "Safeguards Information" ORGANIZAT

/0 SB1 Is subject to Civil and Criminal penalties.

BASIS: DG-S nil"'-PIIl,lII::ical . rotection

_ \. SIGNATURE:

1....

INFORMATION SAFEGUARDS In addition, apparent violation(s)

of NRC requirements occurred which may be considered for escalated enforcement action in accordance with the NRC's Enforcement Policy, found at: http://WINW.nrc.gov/reading-rm/doc-collections/enforcement. 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 team departed the site. In accordance with NRC Inspection Manual Chapter (lMC) 0609, we intend to complete our evaluation using the best available information and issue our final determination of 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.

Before we make a final significance decision regarding our preliminary "greater-than-Green" finding(s), 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 the assumptions the NRC used to arrive the finding(s)

and assess its significance, or (2) submit your position on the finding(s)

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 for public observation because it involves sensitive security 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 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. Please contact Mr. James Trapp, of my staff at 610-337-5186 within 10 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 signincance determination and enforcement decision.

The final resolution of this matter will be conveyed in separate correspondence.

Because the NRC has not made a final determination.

in this matter, no Notice of Violation is being issued for these inspection finding(s)

at this time. In addition, please be advised that the number and characterization of the apparent violation{s)

described in the enclosed inspection report may change as a result of further NRC review. Additionally, one finding of very low security significance (i.e., Green as determined by the BSSDP), which is also a violation of NRC requirements, is listed in this report. This finding had a cross-cutting aspect in the area of Problem Identification and Resolution related to the licenseei identifying issues completely, accurately, and in a timely manner commensurate with their safety significance

[P.1 (a)]. Becausl9 of the very low security significance and because it is entered into your corrective action program, the NRC is treating this violation as a non-cited violation (NCV) consistent with Section VI.A.1 of the NRC Enforcement Policy. If you contest the non-cited violation, you should provide a response within 30 days of the date of this inspection report, with the basis for your denial, to the Nuclear Regulatory CommiSSion, ATTN.: Document Control Desk, SA.CEGUARDS INFORMATION SAFEGUARDS Washington, DC 20555-0001; with copies to the Regional Administrator, Region I; the Director, Office of Enforcement, United States Nuclear Regulatory Commission, Washington, DC 0001; and the NRC Resident Inspector at the Limerick Generating Station. If you disagree with the cross-cutting aspects assigned to these findings, you should provide a response within 30 days of the date of this report, with the basis for your disagreement, to the Regional Administrator, Region I, and the NRC Resident Inspector at Limerick Generating Station. The information you provide will be considered in accordance with Inspection Manual Chapter 0305. 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 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 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 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 73.22. Otherwise, mark your entire response "Security-Related Information

-Withhold Under 10 CFR 21.390" and follow the instructions for withholding in 10 CFR 2.390(b)( 1 ).

Sincerely,Darrell J. Roberts, Director Division of Reactor Safety Docket Nos. 50-352, 50-353 License Nos. NPF-39, NPF-85 Non-Public

Enclosure:

NRC Inspection Report Nos. 0500035212010402 and 05000353/2010402

w/Attachment:

Supplemental Information (SAFEGUARDS INFORMATION)

SAFEGUARDS SAFEGUARDS INFORMATION