ML16315A045

NRC Security Inspection Report 05000445/2016201 and 05000446/2016201 Preliminary Greater than Green Finding

ML16315A045
Person / Time
Site:	Comanche Peak
Issue date:	12/08/2016
From:	Michael Layton Division of Security Operations
To:	Peters K Comanche Peak Nuclear Power Co, TEX Operations Company
Dexter R
References
EA-16-143 IR 2016201
Download: ML16315A045 (5)

See also: IR 05000446/2016201

Text

SAFEGUARDS INFORMATION

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

theenclosure,thistransmittaldocumentisdecontrolled.

SAFEGUARDS INFORMATION

K. Peters - 2 -

SAFEGUARDS INFORMATION

We intend to issue our final significance determination

and enforcement decision, in writing, within 90 days from the date of this letter.

The NRC's 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 writt

en 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

K. Peters - 3 -

SAFEGUARDS INFORMATION

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 NRC's "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 NRC's Agencywide Documents

Access and Management System, accessible from the NRC Web site at

http://www.nrc.gov/reading-rm/adams.html.

SAFEGUARDS INFORMATION

K. Peters - 4 -

SAFEGUARDS INFORMATION

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

MLML16315A045

Entire Report: SUNSI Review CompleteBy:

Non-Sensitive Sensitive Publicly Available Non-Publicly Available Keyword: MD 3.4 Non-Public A.3 Cover Letter Only: SUNSI Review CompleteBy: Non-Sensitive Sensitive Publicly Available Non-Publicly Available Keyword: 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