IR 05000458/2014405

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Special Inspection Report 05000458-14-405, NRC Investigation Report 4-2012-022, March 21, 2012, River Bend, Preliminary Greater than Green Finding and Apparent Violation
ML14198A395
Person / Time
Site: River Bend Entergy icon.png
Issue date: 07/16/2014
From: Anton Vegel
Division of Reactor Safety IV
To: Olson E W
Entergy Operations
References
EA-14-009, OI 4-2012-022 IR-14-405
Download: ML14198A395 (4)


Text

w SECURITY-RELATED INFORMATION EA-14-009 UNITED STATES NUCLEAR REGULATORY COMMISSION REGION IV 1 600 E LAMAR BLVD ARLINGTON , TX 76011-4511 July 16, 2014 Mr. Eric W. Olson, Site Vice President Entergy Operations, Inc. River Bend Station 5485 US Highway 61 N St. Francisville , LA 70775 SUBJECT: RIVER BEND STATION-U.S. NUCLEAR REGULTORY COMMISSION SPECIAL INSPECTION REPORT 05000458/2014405

NRC INVESTIGATION REPORT 4-2012-022; PRELIMINARY GREATER THAN GREEN FINDING; AND APPARENT VIOLATION

Dear Mr. Olson:

On March 21, 2012, the U.S. Nuclear Regulatory Commission (NRC) completed its initial assessment of the circumstances surrounding a security event , which occurred on March 18, 2012, at the River Bend Station. Based on this initial assessment, the NRC initiated an investigation and sent an inspection team to the site on March 21, 2012. On June 20 , 2014 , the NRC completed its inspection of the event and discussed the results with you and other members of your staff. The results of this inspection are documented in the enclosed inspection report. This inspection was initially assigned a report number of 05000458/2012405. However, due to the extended duration of the inspection and investigation, NRC Inspection Report 05000458/2012405 was closed and the inspection is now documented in this report (NRC Inspection Report 05000458/2014405). An apparent willful violation of NRC requirements was identified and is being considered for escalated enforcement action in accordance with the Enforcement Policy , which can be found on the NRC's Web site at h ttp://www.nrc.gov/reading-rm/doc-collections/enforcement.

Before the NRC makes its final decision on this matter , we are providing you an opportunity to (1) respond to the apparent violation addressed in this inspection report within 30 days of the date of this letter , (2) request a predecisional enforcement conference (PEC), or (3) request Alternative Dispute Resolution (ADR). A PEC should be held within 30 days and an ADR session within 45 days of the date of this letter. " " OFFICIAl USE ONlY SECURITY RElATED INFORMATION SECURITY-RELATED INFORMATION If you choose to provide a written response to the apparent violation , it should be clearly marked as a "Response to an Apparent Violation in NRC Inspection Report 05000458/2014405; EA-14-009 ," and should include: (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. In addition, please mark your entire response , "Security-Related Information-Withhold from Public Disclosure under Title 10 of the Code of Federal Regulations (1 0 CFR) 2.390." In accordance with 10 CFR 2.390(b)(ii), the NRC is waiving the affidavit requirements for your response to this letter. To the extent possible , your response should not include any personal privacy , proprietary , or Safeguards Information. If Safeguards Information is necessary to provide an acceptable response , please provide the level of protection described in 10 CFR 73.21. If you choose to request a PEC , the conference will afford you the opportunity to provide your perspective on these matters and any other information that you believe the NRC should take into consideration before making an enforcement decision.

This conference would be conducted to obtain information to assist the NRC in making an enforcement decision. The topics discussed during the conference may include information to determine whether a violation occurred, information to determine the significance of a violation , information related to the identification of a violation , and information related to any corrective actions taken or planned. In presenting your corrective action, you should be aware that the promptness and comprehensiveness of your actions will be considered in assessing any civil penalty for the apparent violations. In lieu of a PEC , you may request Alternative Dispute Resolution (ADR) with the NRC in an attempt to resolve this issue. ADR is a general term encompassing various techniques for resolving conflicts using a neutral third party. The technique that the NRC has decided to employ is mediat i on. Mediation is a voluntary , informal process in which a trained neutral mediator works with parties to help them reach resolution. If the parties agree to use ADR , they select a mutually agreeable neutral mediator who has no stake in the outcome and no power to make decisions.

Mediation gives parties an opportunity to discuss issues , clear up misunderstandings , be creative , find areas of agreement, and reach a final resolution of the issues. Addit i onal informat i on concerning the NRC's program can be obtained at http://www

.nrc.gov/about-nrc/regulatory/enforcement/adr

.html. The Cornell University Scheinman Institute on Conflict Resolution (Cornell)

has agreed to facilitate the NRC's program as a neutral third party. Please contact Cornell at 877-733-9415 within 10 days of the date of this lette r if you are interested in pursuing resolution of this issue through ADR. In addition , this report transmits a finding that has preliminarily been determined to have greater than Green security significance. Green findings are performance deficiencies of very low significance. Because the finding has a preliminary significance of greater than Green, it may need further evaluation to determine significance and , therefore, the need for additional SECURITY-RELATED INFORMATION SECURITY-RELATED INFORMATION regulatory oversight.

This finding is described in the enclosed inspection report. This finding was assessed based on the best available information using the Baseline Security Significance Determination Process. Before the NRC makes a final decision on this matter, you may choose to (1) attend a regulatory conference, where you can present to the NRC your point of view on the facts and assumptions used to arrive at the finding and assess its significance , or (2) submit your position on the finding in writing. If you request a regulatory conference, it should be held within 30 days of your receipt of this letter. 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 you decide to submit only a written response , it should be sent to the NRC within 30 days of your receipt of this letter. If you choose not to request a regulatory conference or to submit a written response, you will not be allowed to appeal the NRC's final significance determination. In accordance with NRC Inspection Manual Chapter 0609, "Significant Determination Process," we intend to complete our evaluation using the best available information and issue our final determination of security significance within 90 days of the date of this letter. The significance determination process encourages an open dialogue between your staff and the NRC; however, the dialogue should not affect the timeliness of our final determination.

Please contact MarkS. Haire, Chief , Plant Support Branch 1, at 817-200-1527 within 10 days of the date of this letter to notify the NRC of your intended response.

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.

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 the apparent violation 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. Further, if a regulatory conference or a PEC is held, the meeting will be closed to public observation since security-related information will be discussed.

In accordance with 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 (ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams

.html. However , the material enclosed herewith contains Security-Related Information in accordance with 10 CFR 390(d)(1)

and its disclosure to unauthorized individuals could present a security vulnerability.

Therefore, the material in the enclosure will not be made available electronically for public inspection in the NRC Public Document Room or from NRC's ADAMS. m SECURITY*RELATED INFORMATION If Security-Related Information is necessary to provide an acceptable response, please mark your entire response "Security-Related Information- Withhold from Public Disclosure Under 10 CFR 2.390" in accordance with 10 CFR 2.390(b)(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 for your response.

Docket: 50-458 License: NPF-47 Nonpublic Enclosures

1. Factual Summary for Office of Investigations Report 4-2012-022 2. NRC Inspection Report 05000458/2014405 w/Attachments
1. Supplemental Information 2. River Bend Station Special Inspection Team Charter 3. Chronology for Event at River Bend Station cc w/enclosures
Mr. Todd Santy Manager , Security Entergy Operations , Inc. River Bend Station 5485 U.S. Highway 61 N St. Francisville, LA 70775 cc w/o enclosures
Electronic Distribution for River Bend Station SECURITY-RELATED INFORMATION