ML112620510

Final Significance Determination for a Security-Related Green Finding [NRC Inspection Report Nos. 05000220/2011404; 05000410/2011404] - Nine Mile Point Nuclear Station (letter only)

ML112620510
Person / Time
Site:	Nine Mile Point
Issue date:	09/19/2011
From:	Trapp J M Plant Support Branch 1
To:	Lynch T A Nine Mile Point
References
EA-11-130 IR-11-404
Download: ML112620510 (5)

See also: IR 05000220/2011404

Text

WEFFICIAT USE ENLY SECURITY RETATED INFERMATIONUNITED STATESNUCLEAR REGULATORY COMMISSIONREGION I475 ALLENDALE ROADKING OF PRUSSIA, PENNSYLVANIA 19406.1415September L9, 20LLEA-11-130Mr. Thomas A. LynchVice PresidentNine Mile Point Nuclear Station, LLCP. O. Box 63Lycoming, New York 13093

SUBJECT: FINAL SIcNIFICANCE DETERMINATION FOR A SECURITY-RELATEDGREEN FtNDtNG [NRC TNSPECTTON REPORT NOS. 050002201201M04;05000410120114041- NINE MILE POINT NUCLEAR STATION

Dear Mr. Lynch:

This letter provides you with the final significance determination for a finding preliminarilydetermined to be of at least low to moderate security significance (greater than Green). Thefinding was identified during a U.S. Nuclear Regulatory Commission (NRC) security baselineinspection conducted at the Nine Mile Point Nuclear Station (Nine Mile Point) from May 23 - 27,2011, and was presented at an exit meeting held on May 27 , 2011. The finding was discussedin detail in NRC Inspection Report 0500022012011403 and 0500041012011403, issued onJuly 6, 2011 (ADAMS Accession No. ML1 118702891). Nine Mile Point took immediatecorrective actions to address any security-related vulnerability associated with this findingbefore the NRC inspectors left the site. The nature of security-related findings is consideredsensitive information and is not included in this letter, but is described in the non-publicenclosure.The NRC July 6, 2011,letter also offered Nine Mile Point the opportunity to attend a RegulatoryConference or reply in writing to provide its position on the facts and assumptions the NRC usedto arrive at the finding and itJ security significance. In a letter dated August 5,20112, Nine MilePoint provided additional information regarding the finding and also described Nine Mile Point'sassessment of the significance of the finding. On August 4 - 5, 2011, NRC Region I conductedan additional on-site review at Nine Mile Point and re-evaluated the finding to confirm theinformation provided in Nine Mile Point's August 5,2011 letter.When separated from its Enclosure,this document is DECONTROLLED.1 Designation in parentheses refers to an Agency-wide Documents Access and Management System(ADAMS) accession number. The inspection report cover letter is publicly-available using the accessionnumber in ADAMS. The report is not publicly-available because it contains security-related information.'The letter is not publicly-available because it contains security-related information.oFFIGINt USE ENtY SEGURITY RETATEB INFERMNTION EFFIEIAT USE ENtY SEEURTY RETATED INFERMATION After considering the information developed during the inspection and the additional on-siteNRC review, as well as the information provided by Nine Mile Point in its August 5,2011, letter,the NRC has determined that the inspection finding is of very low security significance andshould be characterized as Green. The NRC has also determined that the condition is aviolation of NRC regulations. The NRC is treating the issue as a non-cited violation (NCV) inaccordance with Section 2.3.2.a of the NRC Enforcement Policy because: 1) the violation wasof very low security significan ce; 2) Nine Mile Point restored compliance immediately uponidentification of the issue; 3) Nine Mile Point entered the issue into its corrective action program;and, 4) the NRC determined that the violation was neither repetitive nor willful. The basis for theNRC significance determination and discussion of the violation are provided in the attachedEnclosure, which also contains Security-Related Information and, therefore, is non-public.lf you contest this NCV, you should provide a response within 30 days of the date of thisinspection report, with the basis for your denial, to the Nuclear Regulatory Commission, ATTN:Document Control Desk, Washington DC 20555-0001, with copies to the Regional AdministratorRegion 1; the Director, Office of Enforcement, United States Nuclear Regulatory Commission,Washington, DC 20555-0001; and the NRC Resident Inspector at Nine Mile Point.Additionally, in the letter dated August 5,.2011, Nine Mile Point disputed the cross-cuttingaspect that the NRC had assigned to the finding, as described in the inspection report.However, during a follow-up conversation with NRC Region I on August 31, 2011, Nine MilePoint rescinded its dispute. Therefore, the cross-cutting aspect in the area of humanperformance (decision making, H.1(b)) that was previously assigned to this finding remainsunchanged.In accordance with 10 CFR 2.390 of the NRC's "Rules of Practice," a copy of this letter will bemade available electronically for public inspection in the NRC Public Document Room located atNRC Headquarters in Rockville, MD, and from the NRC's document system, the Agency-wideDocuments Access and Management System (ADAMS), accessible from the NRC Web site athttp://www.nrc.gov/reading-rm/adams.html. However, the material enclosed herewith containsSecurity-Related Information in accordance with 10 CFR 2.390(dX1), and its disclosure tounauthorized individuals could present a security vulnerability, Therefore, the material in theenclosure will not be made available electronically for public inspection in the NRC PublicDocument Room or from the NRC's document system (ADAMS), accessible from the NRC Webs ite at http ://www. n rc. o ov/read i no -rm/ad am s. htm l.EFFIENT USE ENtY SECURITY RETATED INFORMATIEN EFFIGNT USE ENtY SECURITY RETATED INFERMNTION lf Security-Related Information is necessary to provide an aoceptable response, if you choose tosubmit one, please follow the instructions for withholding in 10 CFR 2.390(bX1). In accordancewith 10 CFR 2.390(bxlXii), the NRC is waiving the affidavit requirements for your response.

Sincerely,(\. {)rr'Jl-"ppzJames M. Trapp, ChiefPlant Support Branch 1Division of Reactor SafetyDocket Nos. 50-220; 50-410License Nos. DPR-63: NPF-69

Enclosure:

As Described(coNTArNS OFFlClAL USE ONLy - SECURTTY RELATED INFORMATION (OUO-SRl))cc w/encl: w/OUO-SRl:A. Verno, Manager Nuclear SecurityR. Frazier, Homeland Security Advisor, NY State Dept. of Homeland SecurityF. Murray, President and CEO, NY State Energy Research and Development Authoritycc w/o encl: Mo OUO-SRI: Distribution via ListServEFFIENT USE ENLY SECURLTY RETATED INFERMNTIEN