IR 05000382/2019412

EA-19-129, Waterford Steam Electric Station, Unit 3 - Notice of Violation; NRC Inspection Report 05000382/2019412

ML20100J319
Person / Time
Site:	Waterford
Issue date:	04/09/2020
From:	Scott(Ois) Morris NRC Region 4
To:	Vazquez S Entergy Operations
Geanette D
References
EA-19-129 IR 2019412
Preceding documents:	ML20141L806 (21 May 2020)
Download: ML20100J319 (4)

Text

ril 9, 2020

SUBJECT:

WATERFORD STEAM ELECTRIC STATION, UNIT 3 - NOTICE OF VIOLATION; NRC INSPECTION REPORT 05000382/2019412

Dear Mr. Vazquez:

This letter refers to an inspection conducted by the U.S. Nuclear Regulatory Commission (NRC)

of the Waterford Steam Electric Station, Unit 3, from September 30 through November 22, 2019. The purpose of the inspection was to ensure compliance of your security programs as required by Title 10 of the Code of Federal Regulations (10 CFR) Part 37 when preparing radioactive material in quantities of concern for transit. The inspectors discussed the preliminary inspection findings with members of your staff at the conclusion of the on-site portion of the inspection. A final exit briefing was conducted telephonically with you and members of your staff on December 19, 2019, at which the details regarding the apparent violations were discussed. Details of this inspection and the apparent violations were provided in NRC Inspection Report 05000382/2019412, dated January 28, 2020, NRCs Agencywide Documents Access and Management System (ADAMS) Accession ML20029D473 (non-publicly available) and ML20029D472 (publicly available).

On March 16, 2020, a predecisional enforcement conference was conducted telephonically with you and members of your staff to discuss the apparent violations, their significance, their root causes, and your corrective actions. The conference was closed to public observation because Security-Related Information was discussed.

Based on the information developed during the inspection and the information that you provided during the conference, the NRC has determined that violations of NRC requirements occurred.

These violations are cited in the enclosed Notice of Violation (Notice) and the circumstances surrounding them are described in detail in NRC Inspection Report 05000382/2019412. The violations were evaluated in accordance with the NRC Enforcement Policy, which is available on the NRCs Web site at http://www.nrc.gov/about-rc/regulatory/enforcement/enforce-pol.html.

Because of the potential consequence(s) associated with the violations, the violations have been categorized as an escalated enforcement action in accordance with the NRC Enforcement Policy.

The enclosure contains Official Use Only - Security-Related Information. When separated from enclosure, this transmittal document is decontrolled. In accordance with the NRC Enforcement Policy, a minimum base civil penalty in the amount of

$150,000 is considered for an escalated violation.

Because your facility has not been the subject of escalated enforcement actions within the last 2 years, the NRC considered whether credit was warranted for Corrective Action in accordance with the civil penalty assessment process in Section 2.3.4 of the NRC Enforcement Policy. The NRC has determined that Corrective Action credit is warranted for your prompt and comprehensive corrective actions which included process and procedure changes for preparing radioactive material in quantities of concern for transit and the corrective actions described in detail in the subject inspection report and during the predecisional enforcement conference held on March 16, 2020.

Therefore, to encourage prompt and comprehensive correction of violations, and in recognition of the absence of previous escalated enforcement action, I have been authorized, after consultation with the Director, Office of Enforcement not to propose a civil penalty in this case.

However, significant violations in the future could result in a civil penalty. In addition, issuance of Notice constitutes escalated enforcement action that may subject you to increased inspection effort.

You are required to respond to this letter and should follow the instructions specified in the enclosed Notice when preparing your response. If you have additional information that you believe the NRC should consider, you may provide it in your response to the Notice. The NRC will use your response, in part, to determine whether further enforcement action is necessary to ensure compliance with regulatory requirements.

In accordance with 10 CFR 2.390 of the NRCs Agency Rules of Practice and Procedure, a copy of this letter will be made available for public inspection in the NRCs Public Document Room or from the NRCs ADAMS, accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html.

However, the material enclosed 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 for public inspection in the NRC Public Document Room or electronically in the NRCs ADAMS. 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. If you have any questions concerning this matter, please contact Mr. Greg Warnick, Chief, Reactor Inspection Branch, at 817-200-1249.

Sincerely,

/RA/

Scott A. Morris Regional Administrator Docket No. 50-382 License No. NPF-38 Nonpublic Enclosure: Notice of Violation ML20100J319 Entire Report ADAMS: Publicly Available Non-Sensitive Keyword: NRC-002 SUNSI Review: JGK Yes No Non-Publicly Available Sensitive MD 3 Non-Public A.3 Cover Letter Only ADAMS: Publicly Available Non-Sensitive Keyword: NRC-002 SUNSI Review: JGK Yes No Non-Publicly Available Sensitive SUNSI Review Complete OFFICE SES:ACES TL:ACES C:DRP/D C:RxIB RC OE NAME JKramer JGroom JDixon GWarnick DCylkowski JPeralta SIGNATURE /RA/ E /RA/ E /RA/ E /RA/ NAG for /RA/ E /RA/ E DATE 03/20/20 03/23/20 03/23/20 03/24/20 03/26/20 04/07/20 OFFICE NMSS D:DNMS RA NAME RSun MMuessle SMorris SIGNATURE /RA/ E /RA/ E /RA/ E DATE 04/07/20 04/07/20 04/09/20