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Category:Enforcement Action
MONTHYEARIR 05000266/20200902021-02-0909 February 2021 Final Significance Determination of a Green Finding; NRC Inspection Report 05000266/2020090 and 05000301/2020090 IR 05000361/20180052019-03-25025 March 2019 Notice of Violation and Proposed Imposition of Civil Penalty and NRC Special Inspection Report 050-00206/2018-005, 050-00361/2018-005, 050-00362/2018-005, 072-00041/2018-001 ML19080A2082019-03-25025 March 2019 Notice of Violation and Proposed Imposition of Civil Penalty and NRC Special Inspection Report 050-00206/2018-005, 050-00361/2018-005, 050-00362/2018-005, 072-00041/2018-001 ML13200A3962013-07-19019 July 2013 EA-13-125, Point Beach, Conference Slides IR 05000266/20120092012-12-0404 December 2012 IR 05000266-12-009; 05/22/2012 - 10/29/2012; Point Beach Nuclear Plant, Unit 1; Problem Identification and Resolution NRC 2012-0051, Response to Inspection Report 05000266/2012503 and 05000301/2012503, Emergency Preparedness Preliminary White Finding2012-06-29029 June 2012 Response to Inspection Report 05000266/2012503 and 05000301/2012503, Emergency Preparedness Preliminary White Finding ML1136205952011-12-16016 December 2011 Re NRC Office of Investigations Report No. 3-2011-002 IR 05000266/20090092009-06-24024 June 2009 EA-09-012, Point Beach Nuclear Generating Plant, Units 1 and 2, NRC Inspection Report Nos. 05000266-09-009(DRS), 05000301-09-009(DRS) ML0407801162004-03-17017 March 2004 EA-03-181, Point Beach White Finding, Notice of Violation and Proposed Imposition of Civil Penalty - $60,000 ML0307701592002-07-0909 July 2002 Draft Notification of Significant Enforcement Action for EN-02-028A 2021-02-09
[Table view] Category:Letter
MONTHYEARML24036A2652024-02-0505 February 2024 Notice of Inspection and Request for Information for the NRC Age-Related Degradation Inspection: Inspection Report 05000266/2024010 and 05000301/2024010 IR 05000266/20230042024-02-0101 February 2024 Integrated Inspection Report 05000266/2023004 and 05000301/2023004 ML24030A0352024-01-30030 January 2024 Information Request for the Cyber-Security Baseline Inspection, Notification to Perform Inspection L-2024-001, Relief Request CISl-03-01 for Relief Concerning Containment Unbonded Post-Tensioning System Inservice Inspection Requirements2024-01-26026 January 2024 Relief Request CISl-03-01 for Relief Concerning Containment Unbonded Post-Tensioning System Inservice Inspection Requirements L-2024-010, Point Units 3 and 4, Seabrook, Duane Arnold, and Point Beach Units 1 and 2, Nuclear Property Insurance - 10 CFR 50.54(w)(3)2024-01-25025 January 2024 Point Units 3 and 4, Seabrook, Duane Arnold, and Point Beach Units 1 and 2, Nuclear Property Insurance - 10 CFR 50.54(w)(3) ML24005A3242024-01-24024 January 2024 Exemption from Select Requirements of 10 CFR Part 73 (EPID L-2023-LLE-0040 (Security Notifications, Reports, and Recordkeeping and Suspicious Activity Reporting)) ML23352A2752024-01-23023 January 2024 Issuance of Amendment Nos. 274 and 276 Regarding Revision to Technical Specification 5.5.17, Pre-Stressed Concrete Containment Tendon Surveillance Program L-2023-173, Quality Assurance Topical Report (FPL-1) Revision 30 Update2023-12-15015 December 2023 Quality Assurance Topical Report (FPL-1) Revision 30 Update L-2023-174, Subsequent License Renewal Application - Third Annual Update2023-12-13013 December 2023 Subsequent License Renewal Application - Third Annual Update L-2023-176, Supplement to Exemption Request Regarding Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Final Rule2023-11-29029 November 2023 Supplement to Exemption Request Regarding Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Final Rule L-2023-155, Supplement to Response to Request for Additional Information, Revised NextEra Common Emergency Plan, and Revised Site-Specific Emergency Plan Annexes Regarding License Amendment Request for Common Emergency Plan Consistent with NUREG-06542023-11-28028 November 2023 Supplement to Response to Request for Additional Information, Revised NextEra Common Emergency Plan, and Revised Site-Specific Emergency Plan Annexes Regarding License Amendment Request for Common Emergency Plan Consistent with NUREG-0654, L-2023-159, Part 3 Exemption Request Regarding Enhanced Weapons, Firearms Background Checks and Security Event Notifications Final Rule2023-11-16016 November 2023 Part 3 Exemption Request Regarding Enhanced Weapons, Firearms Background Checks and Security Event Notifications Final Rule IR 05000266/20234022023-11-14014 November 2023 Security Baseline Inspection Report 05000266/2023402 and 05000301/2023402 ML23279A0672023-11-0909 November 2023 Issuance of Relief Request I6 RR 02 - Examination of the Unit 2 Steam Generator Feedwater Nozzle Extension to Nozzle Weld Sixth 10 Year Inservice Inspection Program Interval IR 05000266/20230032023-10-16016 October 2023 Integrated Inspection Report 05000266/2023003 and 05000301/2023003 ML23346A1322023-10-0606 October 2023 Communication from C-10 Research & Education Foundation Regarding NextEra Common Emergency Fleet Plan License Amendment Request and Related Documents Subsequently Published L-2023-128, License Amendment Request to Revise TS 5.5.17, Pre-Stressed Concrete Containment Tendon Surveillance Program2023-09-19019 September 2023 License Amendment Request to Revise TS 5.5.17, Pre-Stressed Concrete Containment Tendon Surveillance Program ML23243A9102023-09-0606 September 2023 Closeout of Generic Letter 2004-02, Potential Impact of Debris Blockage on Emergency Recirculation During Design Basis Accidents at Pressurized-Water Reactors IR 05000266/20235012023-08-29029 August 2023 Emergency Preparedness Biennial Exercise Inspection Report 05000266/2023501 and 05000301/2023501 ML23208A2262023-08-28028 August 2023 Exemption from the Requirements of 10 CFR 50,46, Acceptance Criteria for Emergency Core Cooling Systems for Light Water Nuclear Power Reactors (EPID L-2022-LLE-0026) - Letter ML23208A0952023-08-28028 August 2023 Issuance of Amendment Nos. 273 and 275 Regarding Revising Licensing Basis to Address Generic Safety Issue-191 and Respond to Generic Letter 2004-02 Using a Risk Informed Approach IR 05000266/20230052023-08-24024 August 2023 Updated Inspection Plan for Point Beach Nuclear Plant (Report 05000266/2023005 and 05000301/2023005) ML23160A0642023-08-21021 August 2023 Issuance of Amendment Nos. 272 and 274 Regarding Revision to Use Beacon Power Distribution Monitoring System L-2023-114, Proposed Turkey Point Units 6 and 7; Seabrook Station; Point Beach Units 1 and 2 - Official Service List Update2023-08-17017 August 2023 Proposed Turkey Point Units 6 and 7; Seabrook Station; Point Beach Units 1 and 2 - Official Service List Update ML23221A0522023-08-0909 August 2023 Confirmation of Initial License Examination, March 2024 L-2023-098, and Point Beach Units 1 and 2 - Response to Request for Additional Information Regarding License Amendment Request for Common Emergency Plan Consistent with NUREG-0654, Revision 22023-08-0707 August 2023 and Point Beach Units 1 and 2 - Response to Request for Additional Information Regarding License Amendment Request for Common Emergency Plan Consistent with NUREG-0654, Revision 2 ML23201A0872023-08-0303 August 2023 Audit Plan in Support of Review of License Amendment L-2023-089, Refueling Outage Owner'S Activity Report (OAR-1) Unit 2 for Inservice Inspections2023-07-24024 July 2023 Refueling Outage Owner'S Activity Report (OAR-1) Unit 2 for Inservice Inspections IR 05000266/20230022023-07-18018 July 2023 Integrated Inspection Report 05000266/2023002 and 05000301/2023002 IR 05000266/20234012023-07-13013 July 2023 Public-Point Beach Nuclear Plant-Security Baseline Inspection Report 05000266/2023401; 05000301/2023401; Independent Spent Fuel Storage Security Inspection Report 07200005/2023401 L-2023-087, Florida Power & Light/Nextera Energy, Results of the Safety Culture Program Effectiveness Review, March 20, 2023 (ADAMS Accession No. ML22340A452)2023-06-29029 June 2023 Florida Power & Light/Nextera Energy, Results of the Safety Culture Program Effectiveness Review, March 20, 2023 (ADAMS Accession No. ML22340A452) ML23178A2422023-06-28028 June 2023 Reassignment of the U.S. Nuclear Regulatory Commission Branch Chief in the Division of Operating Reactor Licensing for Plant Licensing Branch III L-2023-088, 10 CFR 50.55a Requests, Relief Requests I6-RR-1, I6-RR-2, and I6-RR-3 Sixth Ten-Year Inservice Inspection Program Interval2023-06-27027 June 2023 10 CFR 50.55a Requests, Relief Requests I6-RR-1, I6-RR-2, and I6-RR-3 Sixth Ten-Year Inservice Inspection Program Interval ML23171B1062023-06-21021 June 2023 Info Meeting with a Question and Answer Session to Discuss NRC 2022 EOC Plant Performance Assessment of Ptbh, Units 1 and 2 ML23163A2422023-06-13013 June 2023 Notification of NRC Baseline Inspection and Request for Information; Inspection Report 05000266/2023004 L-2023-075, Response to Request for Additional Information (RAI) Regarding Exemption Request, License Amendment Request and Revised Response in Support of a Risk-Informed Resolution of Generic Letter 2004-022023-06-0909 June 2023 Response to Request for Additional Information (RAI) Regarding Exemption Request, License Amendment Request and Revised Response in Support of a Risk-Informed Resolution of Generic Letter 2004-02 L-2023-073, Subsequent License Renewal Application, Second Annual Update Request for Additional Information Set 1 Response2023-06-0101 June 2023 Subsequent License Renewal Application, Second Annual Update Request for Additional Information Set 1 Response ML23103A1332023-06-0101 June 2023 Issuance of Amendment Nos. 271 and 273 Regarding Technical Specifications to Adopt TSTF-505, Revision 2, Provide Risk-Informed Extended Completion Times - RITSTF Initiative 4b L-2023-071, NextEra Energy Quality Assurance Topical Report (FPL-1) Revision 29 and Florida Power and Light Company Quality Assurance Program Description for 10 CFR Part 52 Licenses (FPL-2) Revision 11, Annual Submittal2023-05-22022 May 2023 NextEra Energy Quality Assurance Topical Report (FPL-1) Revision 29 and Florida Power and Light Company Quality Assurance Program Description for 10 CFR Part 52 Licenses (FPL-2) Revision 11, Annual Submittal ML23118A1762023-05-0404 May 2023 Audit Summary for License Amendment Request Regarding Risk-Informed Approach for Closure of Generic Safety Issue 191 IR 05000266/20230012023-05-0101 May 2023 Integrated Inspection Report 05000266/2023001 and 05000301/2023001 ML23114A1222023-04-25025 April 2023 Information Request to Support the NRC Annual Baseline Emergency Action Level and Emergency Plan Changes Inspection L-2023-058, 2022 Annual Monitoring Report2023-04-10010 April 2023 2022 Annual Monitoring Report L-2023-021, Units, 1 and 2, Turkey Point, Units 3 and 4, Seabrook Station and Point Beach, Units 1 and 2 - Decommissioning Funding Status Reports / Independent Spent Fuel Storage Installation (ISFSI) Financial Assurance Update2023-03-28028 March 2023 Units, 1 and 2, Turkey Point, Units 3 and 4, Seabrook Station and Point Beach, Units 1 and 2 - Decommissioning Funding Status Reports / Independent Spent Fuel Storage Installation (ISFSI) Financial Assurance Update L-2023-028, and Point Beach Units 1 and 2, 10 CFR 50.46 Annual Reporting of Changes to, or Errors in Emergency Core Cooling System Models or Applications2023-03-27027 March 2023 and Point Beach Units 1 and 2, 10 CFR 50.46 Annual Reporting of Changes to, or Errors in Emergency Core Cooling System Models or Applications 2024-02-05
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Text
February 9, 2021
SUBJECT:
POINT BEACH NUCLEAR PLANT, UNITS 1 AND 2 - FINAL SIGNIFICANCE DETERMINATION OF A GREEN FINDING; NRC INSPECTION REPORT 05000266/2020090 AND 05000301/2020090
Dear Mr. Strope:
This letter provides you the final significance determination of the preliminary White finding discussed in our previous communication dated August 3, 2020, which included Inspection Report 05000266/2020012 and 05000301/2020012. The finding involved the transport of a radioactive material package as Low Specific Activity II (LSA-II) that exceeded the LSA shipping limits for radiation levels as specified in Title 49 of the Code of Federal Regulations (CFR),
Part 173.427. Your staff did not recognize that measured radiation levels were in excess of 10 mSv/ hour (1 Rem/hour) at 3 meters from the unshielded package, which exceeded the conditions for transporting LSA material; and thus, failed to ship the package as a Type B shipment. The inspection report can be found in U.S. Nuclear Regulatory Commission (NRC)s Agencywide Documents Access and Management System (ADAMS) at accession number ML20216A765, accessible from the NRC Website at http://www.nrc.gov/reading-rm/adams.html.
In our letter dated August 3, 2020, we provided you the opportunity to attend a Regulatory Conference or provide a written response. In your letter dated September 11, 2020, (ML20255A142), you provided a response to the NRC staff preliminary determination regarding the finding. Your response indicated that you did not believe the apparent violations of 49 CFR 172 and 173 requirements occurred, and if the NRC concludes that violations of regulatory requirements occurred, that the finding does not rise to the level of White significance and should be characterized as no higher than Green. The NRC reviewed your September 11, 2020, letter, and does not agree with your position that a violation did not occur as discussed in our response in Enclosure 1. However, after considering the information developed during the inspection and the additional information you provided in your September 11, 2020, letter, the NRC has concluded, as discussed in Enclosure 1, that the finding will be characterized as Green, a finding with very low safety significance.
According to NRC Inspection Manual Chapter (IMC) 0609, appeal rights only apply to those licensees that have either attended a regulatory conference or submitted a written response to the preliminary determination letter. You have 30 calendar days from the date of this letter to appeal the staffs determination of significance for the identified Green finding. Such appeals will be considered to have merit only if they meet the criteria given in the IMC 0609, Attachment 2. An appeal must be sent in writing to the Regional Administrator, Region III, 2443 Warrenville Road, Suite 210, Lisle IL 60532-4352.
The NRC also determined that four violations of NRC requirements occurred: (1) the failure to include the appropriate emergency response information for a shipment containing primary resin is a violation of 49 CFR 172.602(a); (2) the failure to include the appropriate package markings on the shipment is a violation of with 49 CFR172.302(a); (3) the failure to ensure the shipment did not exceed the radiation level limits for shipping radioactive material as LSA is a violation of 49 CFR 173.427; and (4) the failure to describe the hazardous material in accordance with 49 CFR 173 is a violation of 49 CFR 173.22(a). The circumstances surrounding the violations were described in detail in inspection report number 05000266/2020012 and 05000301/2020012. These violations are being treated as non-cited violations in accordance with Section 2.3.2 of the NRC Enforcement Policy.
The NRC recognizes that your staff identified the issue during a routine quality assurance audit of your shipping activities. As discussed in Enclosure 1, the NRC staff identified some deficiencies in your evaluation of the issue, including your understanding of the applicable regulatory requirements for a Low Specific Activity shipment. Therefore, the NRC determined that credit for self-identification, as described in NRC Inspection Manual Chapter 0612, is not appropriate and that the cross-cutting aspect H.12 - Avoid Complacency remains applicable.
In accordance with 10 CFR 2.390 of the NRCs Rules of Practice, a copy of this letter, its enclosure, and your response, if you choose to provide one, will be made available electronically for public inspection in the NRC Public Document Room or from the NRCs ADAMS. To the extent possible, your response should not include any personal privacy, proprietary, or safeguards information so that it can be made available to the public without redaction.
Sincerely, David Curtis Digitally signed by David Curtis Date: 2021.02.09 07:01:14 -06'00'
for, Mohammed A. Shuaibi, Director Division of Reactor Safety Docket Nos. 50-266; 50-301 License Nos. DPR-24; DPR-27 Enclosure:
Evaluation of Licensees Response cc w/ encl: Distribution via LISTSERV