IR 05000327/2023440

NRC Inspection Report 05000327/2023440 and 05000328/2023440; Preliminary Greater than Green and Apparent Violation Cover Letter

ML23044A099
Person / Time
Site:	Sequoyah
Issue date:	02/13/2023
From:	Laura Pearson Division of Reactor Safety II
To:	Jim Barstow Tennessee Valley Authority
References
EA-22-129 IR 2023440
Download: ML23044A099 (4)

Text

February 10, 2023

SUBJECT:

SEQUOYAH NUCLEAR PLANT, UNITS 1 & 2 - NRC INSPECTION REPORT 05000327/2023440 AND 05000328/2023440; PRELIMINARY GREATER THAN GREEN AND APPARENT VIOLATION

Dear Mr. Barstow:

This letter transmits the results of the NRCs initial review of a finding that has preliminarily been determined to be Greater than Green, a finding of greater than very low safety significance resulting in the need for further evaluation to determine significance and therefore the need for additional NRC action. This finding was assessed based on the best available information, using the Baseline Security Significance Determination Process (BSSDP).

The finding is also an apparent violation 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/about-nrc/regulatory/enforcement/enforce-pol.html.

In accordance with NRC Inspection Manual Chapter (IMC) 0609, we intend to complete our evaluation using the best available information and issue our final determination of safety significance within approximately 90 days of the date of this letter. The significance determination process encourages an open dialogue between the NRC staff and the licensee; however, the dialogue should not impact the timeliness of the staffs final determination.

Before we make a final decision on this matter, we are providing you with an opportunity to (1)

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 40 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. The focus of the Regulatory Conference is to discuss the significance of the finding and not necessarily the root cause(s) or corrective action(s) associated with the finding. If a Regulatory Conference is held, it will be closed for public observation due to the security sensitivity of the issue. If you decide to submit only a written response, such submittal should be sent to the NRC within 40 days of your receipt of this letter.

If you choose to send a response, it should be clearly marked as a "Response to An Apparent Violation; (EA-22-129)" and should include for the apparent violation(s): (1) the reason for the apparent violation or, if contested, the basis for disputing the apparent violation; (2) the corrective steps that have been taken and the results achieved; (3) the corrective steps that will be taken; and (4) the date when full compliance will be achieved. Your response should be submitted under oath or affirmation and may reference or include previously docketed correspondence, if the correspondence adequately addresses the required response.

Additionally, your response should be sent to the U.S. Nuclear Regulatory Commission, ATTN:

Document Control Center, Washington, DC 20555-0001 with a copy to Mrs. Jannette Worosilo, Branch Chief, U.S. Nuclear Regulatory Commission, Region 2, 245 Peachtree Center Avenue N.E., Suite 1200, Atlanta, GA 30303 within 40 days of the date of this letter. If an adequate response is not received within the time specified or an extension of time has not been granted by the NRC, the NRC will proceed with its enforcement decision or schedule a Regulatory Conference.

If you decline to request a Regulatory Conference or to submit a written response, you relinquish your right to appeal the final SDP Regulatory Conference or to submit a written response, you relinquish your right to appeal determination, in that by not doing either, you fail to meet the appeal requirements stated in the Prerequisite and Limitation sections of Attachment 2 of NRC Inspection Manual Chapter 0609.

Please contact Mrs. Jannette Worosilo at 404-997-4485 and in writing within 10 days from the issue date 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 and enforcement decision. The final resolution of this matter will be conveyed in separate correspondence.

Because 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.

For administrative purposes, this inspection report provides an update to the apparent violation documented in NRC inspection report 05000327/2022440 and 05000328/2022440 (Agency Documents Access and Management System (ADAMS) ML23017A173) dated January 17, 2023.

In accordance with Title 10 of the Code of Federal Regulations (10 CFR) 2.390 of the NRC's

"Rules of Practice and Procedure, a copy of this letter will be made available electronically for public inspection in the NRC Public Document Room and in the NRCs Agencywide Documents Access and Management System, accessible from the NRC Web site at https://www.nrc.gov/reading-rm/adams.html. However, the material enclosed herewith contains Security-Related Information in accordance with 10 CFR 2.390(d)(1) and its disclosure to unauthorized individuals could present a security vulnerability. Therefore, the material in the enclosure will not be made available electronically for public inspection in the NRC Public Document Room or in the NRC's Agencywide Documents Access and Management System, accessible from the NRC Web site at https://www.nrc.gov/reading-rm/adams.html. 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, Signed by Pearson, Laura on 02/10/23 Laura M. Pearson, Acting Director Division of Reactor Safety Docket Nos. 05000327 and 05000328 License Nos. DPR-77 and DPR-79 Enclosure:

As stated cc w/o encl: Distribution via LISTSERV ML23044A099 (Cover letter)

Cover Letter Only: X Non-Sensitive X Publicly Available X SUNSI Review Sensitive Non-Publicly Available OFFICE RII:DRS RII:DRS RII:EICS RII:DRS NAME A. Richardson J. Worosilo M. Kowal L. Pearson DATE 02/08/23 02/08/23 02/08/23 02/10/23