IR 05000346/2014407

EA-14-129 Final Significance Determination For A Security-Related Greater Than Green Finding And Notice Of Violation; NRC Inspection Report No. 05000346/2014407; Davis-Besse Nuclear Power Station (Cover Letter Only)

ML14296A008
Person / Time
Site:	Davis Besse
Issue date:	10/22/2014
From:	Pederson C D NRC/RGN-III
To:	Lieb R FirstEnergy Nuclear Operating Co
References
EA-14-129 IR 2014407
Download: ML14296A008 (4)

Text

October 22, 2014

EA-14-129 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 FOR A SECURITY-RELATED GREATER THAN GREEN FINDING AND NOTICE OF VIOLATION; NRC INSPECTION REPORT NO. 05000346/2014407; DAVIS-BESSE NUCLEAR POWER STATION

Dear Mr. Lieb:

This letter provides the final significance determination of the preliminary Greater than Green finding identified in our previous communication dated September 18, 2014, which included U.S. Nuclear Regulatory Commission (NRC) Inspection Report No. 05000346/2014406. This Greater than Green finding was discussed in detail in that inspection report.

In a telephone conversation with Mr. Donald Funk of NRC, Region III, on September 26, 2014, Mr. Gerry Wolf of your staff indicated that FirstEnergy Nuclear Operating Company (FENOC) did not contest the characterization of this finding and declined the opportunity to discuss this issue in a Regulatory Conference or to provide a written response.

After considering the information developed during the inspection, the NRC has concluded that the inspection finding is of at least low to moderate security significance, and is appropriately characterized as Greater than Green. Because this issue has been determined to be beyond the licensee response column, we will use the NRC's Action Matrix to determine the most appropriate NRC response. We will notify you, by separate correspondence, of that determination.

According to NRC Inspection Manual Chapter (IMC) 0609, Attachment 2, appeal rights only apply to those licensees that have either attended a regulatory conference or submitted a written response to the preliminary determination letter.

The NRC has also determined that the condition discussed is a violation of NRC requirements, as cited in the Notice of Violation (Notice) provided in the enclosure (Non-public). In accordance with the NRC Enforcement Policy, the Notice is considered escalated enforcement action because it is associated with a Greater than Green finding.

The enclosure contains Sensitive Unclassified Non-Safeguards Information. Upon separation, this cover letter isdecontrolled. You are required to respond to this letter and should follow the instructions specified in the enclosed Notice when preparing your response. If you have additional information that you believe the NRC should consider, you may provide it in your response to the Notice. The NRC will use your response, in part, to determine whether further enforcement action is necessary to ensure compliance with regulatory requirements.

For administrative purposes, this letter is issued as NRC Inspection Report No. 05000346/2014407(DRS). Additionally, apparent violation (AV)05000346/2014406-01 is now closed, and violation (VIO)05000346/2014406-01 is opened in its place. In accordance with 10 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). ADAMS is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. The NRC also includes significant enforcement actions on its Web site at http://www.nrc.gov/reading-rm/doc-collections/enforcement/actions/. However, because the material in the enclosure 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 this enclosure will not be made available electronically for public inspection. 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 for your response.

Sincerely,/RA Darrell J. Roberts Acting for/

Cynthia D. Pederson Regional Administrator Docket No. 50-346 License No. NPF-3

Enclosure:

Notice of Violation (non-public)

cc w/ encl: M. Bear, State Liaison Officer, Ohio Emergency Management Agency cc w/o encl: Distribution via ListServ