IR 05000348/2023440

Final Significance Determination for a Security-Related Greater than Green Finding, NOV and Assessment Followup, IR 05000348/2023440 and 05000364/2023440 - Cover

ML23089A399
Person / Time
Site:	Farley
Issue date:	03/30/2023
From:	Laura Dudes Region 2 Administrator
To:	Brown R Southern Nuclear Operating Co
References
EA 22-101 IR 2023440
Download: ML23089A399 (2)

Text

March 30, 2023

SUBJECT:

FARLEY NUCLEAR PLANT, UNITS 1 AND 2 - FINAL SIGNIFICANCE DETERMINATION FOR A SECURITY-RELATED GREATER THAN GREEN FINDING, NOTICE OF VIOLATION AND ASSESSMENT FOLLOWUP LETTER, INSPECTION REPORT 05000348/2023440 AND 05000364/2023440

Dear R. Keith Brown:

This letter provides you the final significance determination of a security preliminary Greater-than-Green finding that was identified during a special inspection conducted at Farley Nuclear Plant, Units 1 and 2, as documented in the U.S. Nuclear Regulatory Commission (NRC)

inspection report (IR) 05000348/364 - 2022440, dated November 7, 2022 (Agencywide Documents Access and Management System (ADAMS), Accession Number ML22312A548).

At your request, a Regulatory Conference was held on January 10, 2023, to discuss your views on this issue. The information you presented at this meeting is referenced in ADAMS under ML23005A311 (non-public). During the meeting, your staff described your assessment of the significance of the finding. Specifics regarding the NRCs consideration of the information you presented at the Regulatory Conference are detailed in Enclosure 3 (non-public) to this report.

After considering the information developed during the inspection and the information you provided at the Regulatory Conference, the NRC has concluded that the finding is appropriately characterized as Greater-than-Green. The specific color and risk description of the finding is detailed in Enclosure 1 (non-public) to this report.

You have 30 calendar days from the date of this letter to appeal the staffs determination of significance for the identified Greater-than-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 U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, DC 20555-0001; with copies to the Regional Administrator, Region II, 245 Peachtree Center Avenue N.E., Suite 1200, Atlanta, GA 30303-1200.

The NRC has also determined that a violation of Title 10 of the Code of Federal Regulations (10 CFR) Part 73 occurred, as cited in the Notice of Violation (Notice) provided as Enclosure 2 (non- R. public). Enclosure 1 provides the basis for the NRCs conclusion. The circumstances surrounding the violation were described in detail in NRC IR 05000348/364 - 2022440. In accordance with the NRC Enforcement Policy, the Notice is considered escalated enforcement action because it is associated with a Greater-than-Green finding.

For administrative purposes, this letter is issued as a separate NRC IR, 05000348/364 -

2023440. Accordingly, apparent violation (AV) 05000348/364 - 2022440-02 is updated consistent with the regulatory positions described in this letter, as NOV 05000348/364 -

2022440-02 in the Security Cornerstone with a security significance of Greater-Than-Green with cross-cutting aspect P.3 - Resolution.

The NRC has determined that the finding described in this enclosure places Farley Nuclear Plant, Units 1 and 2, in the Degraded Cornerstone Column of the Regulatory Oversight Program Action Matrix beginning the Third Quarter of 2022. Therefore, the NRC plans to conduct an additional inspection. This inspection will be scheduled after you notify the NRC of your readiness.

In accordance with 10 CFR 2.390, Public inspections, exemptions, requests for withholding, of the NRC's Agency Rules of Practice and Procedure, a copy of this letter will be available electronically for public inspection in the NRC Public Document Room, or from the Publicly Available Records (PARS) component of ADAMS; accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html (the Public Electronic Reading Room).

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 adversely affect security. Therefore, the material in the Enclosures will not be made available for public inspection in the NRC Public Document Room or in ADAMS, accessible from the NRC Web site at http://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). If Safeguards Information is necessary to provide an acceptable response, please provide the level of protection described in 10 CFR 73.21. In accordance with 10 CFR 2.390(b)(1)(ii), the NRC is waiving the affidavit requirements for your response.

Sincerely, Signed by Dudes, Laura on 03/30/23 Laura A. Dudes Regional Administrator Docket Nos. 05000348 and 05000364 License Nos. NPF-2 and NPF-8 Enclosure:

1. Final Significance Determination 2. Notice of Violation 3. NRC Response to Licensee Presentation cc w/o enclosures: Distribution via LISTSERV cc with enclosures: Distribution to OUO-SRI recipients on NRR correspondence roster