ML080840016
| ML080840016 | |
| Person / Time | |
|---|---|
| Site: | Three Mile Island  |
| Issue date: | 03/20/2008 |
| From: | Gamberoni M Division of Reactor Safety I |
| To: | Pardee C Exelon Generation Co |
| References | |
| EA-08-064 IR-08-402 | |
| Download: ML080840016 (6) | |
See also: IR 05000289/2008402
Text
SAFEGUARDS INFORMATION
March 20, 2008
Enclosure Contains Safeguards Information.
When Separated from enclosure, this
document is not Safeguards Information.
Mr. Charles G. Pardee
Chief Nuclear Officer and Senior Vice President
Exelon Generation Company, LLC
200 Exelon Way, KSA 3-E
Kennett Square, PA 19348
SUBJECT: THREE MILE ISLAND, UNIT 1 - NRC PHYSICAL SECURITY BASELINE
INSPECTION REPORT 05000289/2008402; PRELIMINARY GREATER THAN
GREEN FINDING
Dear Mr. Pardee:
On February 8, 2008, the U.S. Nuclear Regulatory Commission (NRC) completed a security
baseline inspection at your Three Mile Island, Unit 1 facility. 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
February 8, 2008, with Mr. Thomas Dougherty, Plant Manager 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.
Based on the results of this inspection, a finding was identified which was preliminarily
determined to be greater than very low safety significance (i.e., greater than Green as
determined by the Physical Protection Significance Determination Process (PPSDP)). The
deficiency was identified by the licensee. Recognizing local sensitivities related to the
identification of inattentive officers at another facility last year, the staff notes that this finding
does not involve inattentive security officers.
SAFEGUARDS INFORMATION DETERMINATION
Warning: Violation of section 147 of the Atomic
MADE BY:
Energy Act, ASafeguards Information@ is subject to
NAME/TITLE: James Trapp, Chief
civil and criminal penalties
ORGANIZATION: RI/DRS/PSB1
BASIS: DG-SG-1:_(300) Physical Protection Program
SIGNATURE___/RA/__________ DATE:_03/20/08_
SAFEGUARDS INFORMATION
SAFEGUARDS INFORMATION
C. Pardee 2
The deficiency was 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 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/reading-
room/adams.html.
Before we make a final significance decision regarding the preliminary greater than Green
findings, 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 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 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 to public observation because it involves security sensitive
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 a Regulatory Conference and
choose not to submit a written response, the NRC will proceed with its final determination.
Please contact Mr. James Trapp of my staff at (610) 337- 5186 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 decision.
You will be advised by separate correspondence of the results of our deliberations on this
matter. No response regarding the apparent violation is required at this time. 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 apparent violation described in the enclosed inspection report may
change as a result of further NRC review.
In accordance with 10 CFR 2.390 of the NRCs 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 NRCs 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 73.21, a copy of this letters enclosure will not be
available for public inspection.
SAFEGUARDS INFORMATION
SAFEGUARDS INFORMATION
C. Pardee 3
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 NRCs
document system, ADAMS. 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).
Sincerely,
/RA/
Marsha K. Gamberoni, Director
Division of Reactor Safety
Docket Nos. 50-289
License Nos. DPR-50
Enclosure: Inspection Report 05000289/2008402
w/Attachment: Supplemental Information
(CONTAINS SAFEGUARDS INFORMATION (SGI))
SAFEGUARDS INFORMATION
SAFEGUARDS INFORMATION
C. Pardee 3
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 NRCs
document system, ADAMS. 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).
Sincerely,
/RA/
Marsha K. Gamberoni, Director
Division of Reactor Safety
Docket Nos. 50-289
License Nos. DPR-50
Enclosure: Inspection Report 05000289/2008402
w/Attachment: Supplemental Information
(CONTAINS SAFEGUARDS INFORMATION (SGI))
DOCUMENT NAME: A:\TMI BI 2008 Att 5 SGI Report 02-4-8-08 Rev 8.doc
SUNSI Review Complete: JMT (Reviewer=s Initials) ADAMS ACCESSION NO. ML080840016
After declaring this document AAn Official Agency Record,@ the letter only will be released to the Public.
To receive a copy of this document, indicate in the box: "C" = Copy without attachment/enclosure "E" = Copy with attachment/enclosure "N" =
No copy
OFFICE RI/DRS E RI/DRS RI/DRS RI/DRS/SRA RI/DRP
NAME GSmith/JMT for* DJohnson/JMT for* DCaron/DCC WSchmidt/WLS RBellamy/GSB for
DATE 03/10/08 03/10/08 03/20/08 03/11/08 03/11/08
OFFICE RI/DRS RI/ORA HQ/NSIR RI/DRS
NAME JTrapp/JMT* RSummers/RJS* RCorreia/via MGamberoni/MKG
w/comments email to RJS
DATE 03/20/08 03/20/08 03/20/08 03/20/08
OFFICIAL RECORD COPY
- See Previous Concurrence Page
SAFEGUARDS INFORMATION
SAFEGUARDS INFORMATION
4
cc w/encl w/SGI:
D. Mohre, Security Manager, TMI
D. Allard, Director, PA Department of Environmental Protection
J. Powers, Director, PA Office of Homeland Security
cc w/o encl w/o SGI:
C. Crane, Executive Vice President and Chief Operating Officer, Exelon Generation
W. Noll, Site Vice President - TMI Unit 1, AmerGen
T. Dougherty, Plant Manager - TMI, Unit 1, AmerGen
Manager, Regulatory Assurance - TMI, Unit 1, AmerGen
Senior Vice President - Nuclear Services, AmerGen
Senior Vice President - Mid-Atlantic Operations, AmerGen
Senior Vice President - Operations Support, AmerGen
Vice President - Licensing and Regulatory Affairs, AmerGen
Director Licensing - AmerGen
Manager Licensing - TMI, AmerGen
Vice President - General Counsel and Secretary, AmerGen
T. ONeill, Associate General Counsel, Exelon Generation Company
J. Fewell, Esq., Assistant General Counsel, Exelon Nuclear
Correspondence Control Desk - AmerGen
Chairman, Board of County Commissioners of Dauphin County
Chairman, Board of Supervisors of Londonderry Township
R. Janati, Director, Bureau of Radiation Protection, State of PA
J. Johnsrud, National Energy Committee
E. Epstein, TMI-Alert (TMIA)
R. French, Director, PA Emergency Management Agency
SAFEGUARDS INFORMATION
SAFEGUARDS INFORMATION
5
Distribution w/o encl w/o SGI, Via e-mail:
S. Collins, RA
M. Dapas, DRA
D. Lew, DRP
J. Clifford, DRP
R. Bellamy, DRP
S. Barber, DRP
A. Rosebrook, DRP
J. Brand, DRP, Resident Inspector
C. LaRegina, DRP, OA
G. West, RI OEDO
E. Miller, NRR, Backup
J. Lubinski, NRR
H. Chernoff, NRR
ROPreports@nrc.gov
Region I Docket Room (with concurrences)
D. Holody, ORA, RI
K. Farrar, ORA, RI
R. Summers, ORA, RI
A. DeFrancisco, ORA, RI
C. ODaniell, ORA, RI
M. Gamberoni, DRS
D. Roberts, DRS
J. Trapp, DRS
Distribution w/encl w/SGI:
G. Smith, DRS
D. Kern, DRP, Sr. Resident Inspector
D. Riffle, NSIR
SAFEGUARDS INFORMATION