ML20154L186

Informs That 880329 Response Denying Violation Reviewed & Affirms That Violation Occurred & Does Not Constitute Backfit.Determination May Be Appealed to TE Murley & Appeal Must Be Sent to V Stello

ML20154L186
Person / Time
Site:	Arkansas Nuclear
Issue date:	05/20/1988
From:	Callan L NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV)
To:	Campbell G ARKANSAS POWER & LIGHT CO.
References
NUDOCS 8805310198
Download: ML20154L186 (2)

Text

_ _ _ _

MAY 2 01988 ,

In Reply Refer To: Document Contains Dockets: 50-313/8E-34 SAFEGUARDS INFORMATldN 50-368/86-34 Arkansas Power & Light Company ATTN: Mr. Gene Campbell Vice Presider.t, Nuclear Operations P.O. Box 551 Little Rock, Arkansas 72203 Gentlemen:

Thank you for your letter of March 29, 1988, in response to our letter and Safeguards attachment dated February 1, 1988.

Telephonic contact with your staff was made on April 26, 1988, in order to discuss your response.

We have reviewed your response that denies this violation, and it is Region IV's position that the violation did occur as stated. Further, the backfit issue raised in your letter has been reviewed and it is our opinion that the violation does not constitute a backfit.

The Notice of Violation in question was not a modification or an addition to the procedures or organization required to operate ANO that resulted from an interpretation of Commission rules that was new or different from any previously applicable staff positions, but rather it was simply the cited violation of existing requirements as set forth in 10 CFR Part 73. Ycu may appeal this determination to Thomas E. Murley, Director, Office of Nuclear Reactor Regulation. A copy of your appeal, should you decide to make one, should also be sent to Victor Stello, Executive Director for Operations.

Our comments to your response are contained in the enclosed Safeguards attachment. In the event you decide not to appeal this violation, you are required to respond to the violation with certain information. Your response should be based upon the specifics contained in the Notice of Violation, dated December 10, 1986.

RIV. PSB C:PS SB C:RPSB

?

/

C:DRP/A D:

gE est/jt RJEve t BMurray DDChamberit.in LJCa an O { /88 f /I6 /88 h/g/88 f /19 /88 5 /19 / 8 8 ENCLOSURE CONTAINS g53g 5 SAFEGUARDS INFORMATION. I k Q DCD , UPON SEPARATION THIS A Q )

2rtment Contatns PAGE IS DECONTROLLED. (

SAFEGUARDS INFORMATION /y'( )

_ - - - - - _ - - I

E Arkansas Power & Light Company ,

The material enclosed herewith contains Safeguards Information as defined by 10 CFR Part 73.21 and its disclosure to unauthorized individuals is prohibited by Section 147 of the Atomic Energy Act of 1954, as amended. Therefore, the material, with the exception of the cover page, will ny be placed in the Public Document Room.

Sincerely, Onginal Signed Bp A.B. BEACH L. J. Callan, Director Division of Reactor Projects

Enclosure:

Safeguards Attachment cc w/o Safeguards

Attachment:

Arkansas Nuclear One ATTN: J. M. Levine, Director Site Nuclear Operations P.O. Box 608 Russellville, Arkansas 72801 Arkansas Radiation Control Program Director cc w/o Safeguards

Attachment:

Arkansas Nuclear One ATTN: J. M. Levine, Director Site Nuclear Operations P.O. Box 608 Russellville, Arkansas 72801 Arkansas Radiation Control Program Director bec w/ copy of licensee's response w/ safeguards:

RIV Security File P. A. Starcher, RSGB/NRR Resident Inspector R. D. Martin, RA R. L. Bangart, DRSS Security Inspector Chief, RPSB RPSB Security File ENCLOSURE CONTAINS SAFEGUARDS INFORMATION.

c y of licensee's response w/o safeguards: UPO 1 SEPARATION THIS P

DRP Lisa Shea, RM/ALF Section Chief, DRP/A RIV File MIS RSTS Operator DRS R. E. Hall, DRSS Project Engineer, DRP/A G. Dick, NRR Project Manager l

o ,.

-Q * ,.

< 8AFEM!aMS 1NF0fWil4Tl0W ARKANSAS POWER & LIGHT COMPANY March 29, 1988 _~ . . . '

l I9 O ,". _' ' '

OCAN038814 p APR l lg39 U. S. Nuclear Regulatory Commission -

Region IV l 611 Ryan Plaza Drive, Suite 1000 Arlington, TX 76011 ATTN: Mr. L. J. Callan, Director Division of Reactor Projects

SUBJECT:

Arkansas Nuclear One -- Units 1 & 2 Docket Nos. 50-313 and 50-368 License Nos. OPR-51 and NPF-6 Response to Notice of Violation, Inspection Report 50-313/86-34 and 50-368/86-34 Gentlemen:

On December 10, 1986 NRC Region IV issued the above referenced Inspection Report and Notice of Violation. A response to violation A was filed by AP&L on April 20, 1987. That response denied the violation.

By letter dated February 1, 1988, Region IV rejected AP&L's position and requested that a supplemental response be provided within 30 days. AP&L subsequently requested a 30-day extension of the deadline. As explained in the supplemental response attached hereto, while it remains AP&L's position that no violation occurred, AP&L will treat the inspection team's finding as an identification of a potential weakness and will assess the need for any voluntary actions to enhance the effectiveness of the security organization response. Nevertheless, for the reasons provided in the attachment, AP&L requests that the violation be withdrawn.

Because this submittal raises issues of agency enforcement policy and backfitting considerations, a copy of this letter is being provided to Mr. James M. Taylor.

\ f.f f. O \ s ; y (;;

rm- r p: pin g),

e<

C B h lh 'W To Cl it ,

' :dT

1.o ss.

gpggipii,l0M -

~ ~

J QS thf.! ? { /lD _Q ' MEMBEA MtOOLE SOUTH UTILITIES SYSTEM

SAHiGUARDS

'",-. IK F0f!E ATION Mercn 29, 1988 The' attached material contains Safeguards Information as defined'by 10CFR73.21 and therefore should be handled accordingly.

Ver tru syours,

/ .

'J/ M. vine xecutive Director

[NuclearOperations JML:DJ:mb Attachment cc: 'Mr. James M. Taylor Deputy Exective Director for Regional Operations Washington, D. C. 20555 l

l WARN!NG l'NAUTilori?"0 r l ' r:src

p,r. -- . iC D.

l SECTION 14. ,,

~,t 3,:;7 g

[ AND 10 Cf.: L , , ,A? ION 5 S' 0]ECT l 'l0 CIVIL AN3 CF.I':L'; .; sANcy;og ExctosuaE comms ggygg Wagg sarnGo m .. m m, e 'mx s" " n o ms

$,'h'gkj t . .ghn0N PAGE 15 DECONTROLLED