ML12314A281

EA-12-179, Davis-Besse, Final Significance Determination of a Security-Related Greater than Green Finding and Notice of Violation - Cover Letter Only

ML12314A281
Person / Time
Site:	Davis Besse
Issue date:	11/08/2012
From:	Casto C NRC/RGN-III
To:	Lieb R FirstEnergy Nuclear Operating Co
References
EA-12-179, IR-12-405
Download: ML12314A281 (5)

Text

OFFICIAL USE ONLY

- SECURITY-RELATED INFORMATION UNITED STATES NUCLEAR REGULATORY COMMISSION Region III 2443 Warrenville Road, Suite 210 Lisle IL 60532-4352 OFFICIAL USE ONLY

- SECURITY-RELATED INFORMATION November 8, 2012

EA-12-179

Mr. Raymond Lieb Site Vice President

FirstEnergy Nuclear Operating Company

Davis-Besse Nuclear Power Station 5501 North State Route 2, Mail Stop A-DB-3080 Oak Harbor, OH 43449-9760

SUBJECT:

FINAL SIGNIFICANCE DETERMINATION OF A SECURITY-RELATED GREATER THAN GREEN FINDING AND NOTICE OF VIOLATION; NRC INSPECTION REPORT NO. 05000346/2012405(DRS); DAVIS-BESSE NUCLEAR POWER STATION

Dear Mr. Lieb:

This letter provides you the final significance determination of the preliminary Greater than Green finding discussed in our previous communication dated September 7, 2012, which included U.S. Nuclear Regulatory Commission (NRC) Inspection Report No. 05000346/2012403(DRS).

In a telephone conversation with Mr. Melvin Holmberg of NRC, Region III, on September 17, 2012, Mr. Jerry Wolf of your staff indicated that FirstEnergy Nuclear Operating Company (FENOC) declined your opportunity to discuss this issue in a Regulatory Conference and wished to provide a written response. Following an extension granted by the NRC, FENOC

provided a written response on October 17, 2012.

In your written response, you provided your assessment of the issue and the associated violation. However, you concluded by acc epting the NRC's assessmen t of the security significance of the issue. You also agreed that a violation of NRC regulations existed.

After considering the information developed during the inspection and the information you provided in your October 17, 2012, response, the NRC has concluded that the inspection finding is of at least low to moderate security significance, is appropriately characterized as Greater than Green, and will require a supplemental NRC inspection. The NRC also concluded that the information that you provided in that res ponse had been previously assessed by the NRC and our detailed conclusions were documented in the inspection report.

The enclosures contain Sensitive Unclassified Non-Safeguards Information. Upon separation, this cover letter is decontrolled.

OFFICIAL USE ONLY

- SECURITY-RELATED INFORMATION OFFICIAL USE ONLY

- SECURITY-RELATED INFORMATION According to NRC Inspection Manual Chapter (IMC) 0609, appeal rights only apply to those licensees that have either attended a Regulatory Conference or have submitted a written response to the preliminary determination letter which submits additional information not previously considered by the NRC staff. As stated above, and in more detail in Enclosure 1, the NRC concluded that FENOC did not provide any new information that contested the facts or assumptions used by the NRC and which the NRC had not previously evaluated to arrive at the finding and its significance. Therefore, the NRC has concluded that FENOC gave up its right to appeal the finding.

Additionally, in your October 17, 2012, letter you questioned the associated cross-cutting aspect for the finding. The NRC intends to reevaluate the cross-cutting aspect and will inform you of our final decision in this regard in separate correspondence.

The NRC has also determined that a violation was associated with the finding, as cited in the Notice of Violation (Notice) provided in Enclosure 2. The circumstances surrounding the violation were described in detail in NRC Inspection Report No. 05000346/2012403(DRS).

In accordance with the NRC Enforcement Po licy, the Notice is considered escalated enforcement action because it is associated with a Greater than Green finding. The NRC has concluded that information regarding the reasons for the violation, the corrective actions taken and planned to be taken to correct the violation, and the date when full compliance was achieved is already adequately addressed on the docket in NRC Inspection Report No. 05000346/2012403(DRS). Therefore, you are not required to respond to this letter unless the description therein does not accurately reflect your corrective actions or your position. In that case, or if you choose to provide additional information, you should follow the instructions specified in the enclosed Notice.

For administrative purposes, this letter is issued as NRC Inspection Report 05000346/2012405(DRS). Additionally, apparent violation (AV)05000346/2012403-01 is now closed, and violation (VIO)05000346/2012405-01 is opened in its place.

In accordance with 10 Code of Federal Regulations (CFR) 2.390 of the NRC's "Rules of Practice," 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 and Management System (ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. However, because the material in the enclosures is considered security-related information, as defined in 10 CFR 2.390(d)(1), its disclosure to unauthorized individuals could present a security vulnerability. Therefore, the material in these enclosures will not be made available electronically for public inspection. Additionally, if you choose to respond and security-related information is necessary to provide an acceptable OFFICIAL USE ONLY

- SECURITY-RELATED INFORMATION

OFFICIAL USE ON LY - SECURITY-RELATED INFORMATION 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, if any. Sincerely

/RA by S. Reynolds for/

Charles A. Casto

Regional Administrator Docket No. 50-346 License No. NPF-3

Enclosures:

1. Final Significance Determination (non-public)

2. Notice of Violation (non-public) cc w/encls: M. Bear, State Liaison Officer, Ohio Emergency Management

Agency cc w/o encls: Distribution via ListServ OFFICIAL USE ONLY

- SECURITY-RELATED INFORMATION OFFICIAL USE ONLY

- SECURITY-RELATED INFORMATION 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, if any. Sincerely

/RA by S. Reynolds for/

Charles A. Casto Regional Administrator

Docket No. 50-346 License No. NPF-3

Enclosures:

1. Final Significance Determination (non-public)

2. Notice of Violation (non-public)

cc w/encls: M. Bear, State Liaison Officer, Ohio Emergency Management

Agency cc w/o encls: Distribution via ListServ

SEE PREVIOUS CONCURRENCE FILE NAME: G:\ORAIII\EICS\ENFORCEMENT\Cases\Enforcement Cases 2012\EA-12-179 Davis Besse Security\EA-12-179 Davis Besse draft final action.docx OFFICE RIII RIII RIII D:NSIR D:OE RIII RIII NAME Lougheed Skokowski ReynoldsWestreich 1 Zimmerman 2 Orth Casto SReynolds for DATE 10/21/12 10/23/12 10/23/12 11/02/12 11/02/12 11/06/12 11/08/12 OFFICIAL RECORD COPY 1 NSIR concurrence received via e-mail from D. Furst on November 2, 2012. 2 OE concurrence received via e-mail from D. Furst on November 2, 2012.

OFFICIAL USE ONLY

- SECURITY-RELATED INFORMATION Letter to Raymond Lieb from Charles A. Casto dated November 8, 2012

SUBJECT:

FINAL SIGNIFICANCE DETERMINATION OF A SECURITY-RELATED GREATER THAN GREEN FINDING AND NOTICE OF VIOLATION; NRC INSPECTION REPORT NO. 05000346/2012405(DRS);

DAVIS-BESSE NUCLEAR POWER STATION OFFICIAL USE ON LY - SECURITY-RELATED INFORMATION DISTRIBUTION

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OCADistribution Bill Borchardt Michael Johnson Roy Zimmerman Nick Hilton

David Furst Chuck Casto Cynthia Pederson

Marvin Itzkowitz Catherine Scott

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Robert Lewis Shyrl Coker Niry Simonian Daniel Holody Caroline Evans Heather Gepford Holly Harrington

Hubert Bell

Cheryl McCrary Mona Williams RidsNrrPMPointBeach Resource RidsNrrDorlLpl3-1 Resource RidsNrrDirsIrib Resource Steven Orth

Allan Barker

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Sarah Bahksh

Carole Ariano Linda Linn DRPIII DRSIII Patricia Buckley Tammy Tomczak OEMAIL Resource R. Albert, NSIR

T. Dimitriadis, RI

B. Desai, RII M. Hay, RIV OEWEB Resource (cover letter only) ROPassessment.Resource@nrc.gov (cover letter only)