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IR 05000461-08-403, (Drs), on 10/27/2008, for Clinton, Security Baseline Inspection
	ML083260340
Person / Time
Site:	Clinton
Issue date:	11/19/2008
From:	Stephanie West; Division of Reactor Safety III
To:	Pardee C; AmerGen Energy Co, Exelon Nuclear
References
	EA-08-284 IR-08-403
	Download: ML083260340 (5)
	v • d • e

OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION

November 19, 2008

EA 08-284

Mr. Charles G. Pardee

President and Chief Nuclear Officer (CNO), Exelon Nuclear

Chief Nuclear Officer (CNO), AmerGen Energy Company, LLC

4300 Winfield Road

Warrenville IL 60555

SUBJECT: CLINTON POWER STATION

NRC SECURITY BASELINE INSPECTION REPORT 05000461/2008403(DRS);

PRELIMINARY GREATER THAN GREEN FINDING

Dear Mr. Pardee:

On October 27, 2008, the U.S. Nuclear Regulatory Commission (NRC) completed a security

baseline inspection at your Clinton Power Station. The inspection covered one or more of the

key attributes of the security cornerstone of the NRCs Reactor Oversight Process. The

enclosed inspection report documents the inspection results, which were discussed on

October 27, 2008, with Mr. F. Kearney and other members of your staff.

The inspection examined activities conducted under your license as they relate to security and

compliance with the Commissions rules and regulations and with the conditions of your license.

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

personnel.

The attached report documents a finding that has the potential for significance of greater than

very low security significance (i.e., greater than Green as determined by the Physical Protection

Significance Determination Process). The final resolution of this finding will convey the

increment in the importance to safety by assigning the corresponding color. 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

inspectors left the site. The finding had a cross-cutting aspect in the area of Human

Performance, Resources, H.2(c) because the licensee failed to maintain complete, accurate,

and up-to-date procedures.

The finding was self-revealing. The finding is also an Apparent Violation (AV) of NRC

requirements and is being considered for escalated enforcement action in accordance

with the enforcement policy, which can be found on the NRCs web site at

http://www.nrc.gov/about-nrc/regulatory/enforcement/enforce-pol.html.

Enclosure transmitted herewith contains

Sensitive Unclassified Non-Safeguards

Information. When separated from enclosure,

this transmittal document is decontrolled.

OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION

C. Pardee -2-

In accordance with Inspection Manual Chapter (IMC) 0609, Significance Determination Process

(SDP), 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 dialog between the staff and the

licensee, however, the dialogue should not impact the timeliness of the staffs final significance

determination. Before we make a final decision on this matter, we are providing you an

opportunity: (1) to present to the NRC your perspectives on the facts and assumptions, used by

the NRC to arrive at the finding and its significance, at a Regulatory Conference; or (2) submit

your position on the finding to the NRC in writing. If you decline to request a Regulatory

Conference or submit a written response, your ability to appeal the final SDP determination can

be affected, 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.

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. In the interest of

protecting sensitive, security-related information, if a Regulatory Conference is held, it will not

be open for public observation. 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. Because this issue

involves security-related information, if you choose to respond, your response will not be made

available electronically for public inspection in the NRC Public Document Room or from the

NRCs document system (ADAMS), accessible from the NRC Web site at

http://www.nrc.gov/reading-rm/adams.html. If Safeguards Information is necessary to provide

an acceptable response, please provide the level of protection described in 10 CFR 73.21.

Otherwise, mark your entire response Security-Related Information - Withhold Under

10 CFR 2.390 and follow the instructions for withholding in 10 CFR 2.390(b)(1).

Please contact Eric Duncan, Chief, Plant Support Branch at (630) 829-9757 within 10 business

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 significance determination and

enforcement decision and you will be advised by separate correspondence of the results of our

deliberations on this matter.

Since the NRC has not made a final determination in this matter, no Notice of Violation is being

issued for this inspection finding at this time. In addition, please be advised that the number

and characterization of the AV described in the enclosed inspection report may change as a

result of further NRC review.

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 System (PARS) component of NRC's Agency wide Documents

Access and Management System (ADAMS), accessible from the NRC Web site 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 letters enclosure will not be available for public inspection.

OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION

C. Pardee -3-

Should you have any questions concerning this inspection, we will be pleased to discuss them

with you.

Sincerely,

/RA by Anne Boland for/

Steve West, Director

Division of Reactor Safety

Docket Nos. 50-461

License Nos. NPF-62

Nonpublic Enclosure: Inspection Report 05000461/2008403(DRS);

w/Attachment: Supplemental Information

cc w/encl: D. Riffle, NSIR/DSO/DDSO

J. Klinger, State Liaison Officer,

Illinois Emergency Management Agency

C. Williamson, Clinton Site Security Manager

cc w/o encl: Site Vice President - Clinton Power Station

Plant Manager - Clinton Power Station

Regulatory Assurance Manager - Clinton Power Station

Chief Operating Officer and Senior Vice President

Senior Vice President - Midwest Operations

Senior Vice President - Operations Support

Vice President - Licensing and Regulatory Affairs

Director - Licensing and Regulatory Affairs

Manager Licensing - Clinton, Dresden and Quad Cities

Associate General Counsel

Document Control Desk - Licensing

Assistant Attorney General

Chairman, Illinois Commerce Commission

OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION

C. Pardee -3-

Should you have any questions concerning this inspection, we will be pleased to discuss them

with you.

Sincerely,

/RA by Anne Boland for/

Steve West, Director

Division of Reactor Safety

Docket Nos. 50-461

License Nos. NPF-62

Nonpublic Enclosure: Inspection Report 05000461/2008403(DRS);

w/Attachment: Supplemental Information

cc w/encl: D. Riffle, NSIR/DSO/DDSO

J. Klinger, State Liaison Officer,

Illinois Emergency Management Agency

C. Williamson, Clinton Site Security Manager

cc w/o encl: Site Vice President - Clinton Power Station

Plant Manager - Clinton Power Station

Regulatory Assurance Manager - Clinton Power Station

Chief Operating Officer and Senior Vice President

Senior Vice President - Midwest Operations

Senior Vice President - Operations Support

Vice President - Licensing and Regulatory Affairs

Director - Licensing and Regulatory Affairs

Manager Licensing - Clinton, Dresden and Quad Cities

Associate General Counsel

Document Control Desk - Licensing

Assistant Attorney General

Chairman, Illinois Commerce Commission

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DOCUMENT NAME: G:\DRS\Work in Progress\CLI 2008 403 DRS OUO - Cover Letter.doc

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To receive a copy of this document, indicate in the concurrence box "C" = Copy without attach/encl "E" = Copy with attach/encl "N" = No copy

OFFICE RIII RIII RIII RIII RIII RIII

NAME TEck:co DFunk KOBrien EDuncan MRing SWest AB for

DATE 11/06/08 11/06/08 11/12/08 11/18/08 11/07/08 11/19/08

OFFICIAL RECORD COPY

OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION

Letter to Charles G. Pardee from Steve West dated November 19, 2008.

SUBJECT: CLINTON POWER STATION

NRC SECURITY BASELINE INSPECTION REPORT

05000461/2008403(DRS); PRELIMINARY GREATER THAN GREEN

FINDING

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ML083260340

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