ML103080108
| ML103080108 | |
| Person / Time | |
|---|---|
| Site: | FitzPatrick  |
| Issue date: | 11/04/2010 |
| From: | Bill Dean Region 1 Administrator |
| To: | Peter Dietrich Entergy Nuclear Northeast |
| DeFrancisco, A, (610) 337-5078 | |
| References | |
| EA-10-143, IR-10-405 EA-10-143-1 | |
| Download: ML103080108 (4) | |
See also: IR 05000333/2010405
Text
OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION
OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION
November 4, 2010
Mr. Peter T. Dietrich
Site Vice President
Entergy Nuclear Northeast
James A. Fitzpatrick Nuclear Power Plant
Post Office Box 110
Lycoming, NY 13093
SUBJECT:
FINAL SIGNFICANCE DETERMINATION FOR SECURITY-RELATED
GREATER THAN GREEN FINDING [NRC Inspection Report
05000333/2010405]
Dear Mr. Dietrich:
The purpose of this letter is to provide you with the final significance determination for a finding
preliminarily determined to be of at least low to moderate security significance (Greater than
Green). The finding was identified during an NRC inspection and presented at an exit meeting
held on July 23, 2010. Section 6 of the subject inspection report, issued August 31, 2010,
discussed the inspection results in detail. Entergy Nuclear Northeast has taken immediate
corrective actions to address any security-related vulnerability. The nature of security-related
findings, and the corrective actions taken to address the issues, are considered sensitive
information and are not included in this letter, but are described in the non-public enclosure.
Our August 31, 2010, letter also offered you the opportunity to attend a Regulatory Conference
or reply in writing to provide your position on the facts and assumptions the NRC used to arrive
at the finding and its security significance. You provided a written response, dated September
27, 2010, which did not contest the facts and assumptions used by the NRC, and provided
corrective actions taken to address the deficiencies.
Therefore, after considering the information developed during the inspection, the NRC has
concluded that the inspection finding is of greater than very low security significance, is
appropriately characterized as Greater than Green, and will require additional NRC inspections.
When separated from its
Enclosure, this document is
DECONTROLLED.
OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION
P. Dietrich
2
OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION
Because plant performance has been determined to be beyond the licensee response column,
we will use the NRCs Security Action Matrix to determine the most appropriate NRC response
for this event. We will notify you, by separate correspondence, of that determination.
In addition, the NRC is still considering whether any apparent violation(s) are associated with
the finding, in accordance with the NRC Enforcement Policy. Upon reaching a determination in
this matter, enforcement-related information will be communicated by separate correspondence
at a later date. The finding is being issued at this time in support of the NRC assessment
process.
In accordance with 10 CFR 2.390 of the NRC's "Rules of Practice," a copy of this letter will be
made available electronically for public inspection in the NRC Public Document Room and from
the NRCs document system (ADAMS), accessible from the NRC Web site at
http://www.nrc.gov/reading-rm/adams.html. However, because of the security-related
information contained in the enclosure, and in accordance with 10 CFR 2.390, a copy of this
letters enclosure will not be available for public inspection. In addition, the NRC is waiving the
affidavit requirements for your response, if any. This practice will ensure that your response, if
you choose to provide one, will not be made available electronically for public inspection in the
NRC Public Document Room or from ADAMS. If Safeguards Information is necessary to
provide an acceptable response, please provide the level of protection described in 10 CFR
73.21. Otherwise, mark your entire response, Security-Related Information - Withhold Under
10 CFR 2.390, and follow the instructions for withholding in 10 CFR 2.390(b)(1).
Sincerely,
/RA/
William M. Dean
Regional Administrator
Docket No. 05000333
License No. DRP-59
Enclosure:
Non-Public Enclosure - Final Significance Determination and Corrective Action
cc w/encl w/OUO-SRI:
J. LaPlante, Site Security Manager, FitzPatrick Station
R. Frazier, Assistant Director, New York State Department of Homeland Security
F. Murray, President & CEO New York State Energy Research and Development Authority
cc w/o encl w/o OUO-SRI:
Distribution via ListServ
OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION
P. Dietrich
2
OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION
Because plant performance has been determined to be beyond the licensee response column,
we will use the NRCs Security Action Matrix to determine the most appropriate NRC response
for this event. We will notify you, by separate correspondence, of that determination.
In addition, the NRC is still considering whether any apparent violation(s) are associated with
the finding, in accordance with the NRC Enforcement Policy. Upon reaching a determination in
this matter, enforcement-related information will be communicated by separate correspondence
at a later date. The finding is being issued at this time in support of the NRC assessment
process.
In accordance with 10 CFR 2.390 of the NRC's "Rules of Practice," a copy of this letter will be
made available electronically for public inspection in the NRC Public Document Room and from
the NRCs document system (ADAMS), accessible from the NRC Web site at
http://www.nrc.gov/reading-rm/adams.html. However, because of the security-related
information contained in the enclosure, and in accordance with 10 CFR 2.390, a copy of this
letters enclosure will not be available for public inspection. In addition, the NRC is waiving the
affidavit requirements for your response, if any. This practice will ensure that your response, if
you choose to provide one, will not be made available electronically for public inspection in the
NRC Public Document Room or from ADAMS. If Safeguards Information is necessary to
provide an acceptable response, please provide the level of protection described in 10 CFR
73.21. Otherwise, mark your entire response, Security-Related Information - Withhold Under
10 CFR 2.390, and follow the instructions for withholding in 10 CFR 2.390(b)(1).
Sincerely,
/RA/
William M. Dean
Regional Administrator
Docket No. 05000333
License No. DRP-59
Enclosure:
Non-Public Enclosure - Final Significance Determination and Corrective Action
cc w/encl w/OUO-SRI:
J. LaPlante, Site Security Manager, FitzPatrick Station
R. Frazier, Assistant Director, New York State Department of Homeland Security
F. Murray, President & CEO New York State Energy Research and Development Authority
cc w/o encl w/o OUO-SRI:
Distribution via ListServ
SUNSI Review Complete: AED (Reviewer=s Initials)
DOCUMENT NAME: S:\\Enf-allg\\Enforcement\\Proposed-Actions\\Region1\\Fitzpatrick Non-Publicly Available Final Determination Ltr.docx
Non-Public Designation Category: MD 3.4 Non-Public A.3
After declaring this document AAn Official Agency Record@ it will be released to the Public. Accession No.: ML103080108
To receive a copy of this document, indicate in the box: "C" = Copy without attachment/enclosure "E" = Copy with attachment/enclosure "N" =No copy
OFFICE
RI/ORA
RI/DRS
RI/DRP
RI/DRS
OI/RI
NAME
ADeFrancisco
JTrapp
JClifford
DRoberts
EWilson JT for
DATE
9 / 30 /2010
10 /4 /2010
10 / 14 /2010
10 / 14 /2010
10 / 14 /2010
OFFICE
RI/ORA
RI/ORA
HQ/OE
HQ/NSIR
RI/ORA
NAME
KFarrar
DHolody
DFurst**
B. Westreich**
WDean/ WMD
DATE
10 / 13 /2010
10 / 13, 17 /2010
10 / 28 /2010
10 / 28 /2010
11/01/2010
OFFICIAL RECORD COPY. **via email DFurst to ADeFrancisco, dated 10/28/10
OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION
OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION
Distribution w/encl:
SECY
CA
OEMAIL
OEWEB
WBorchardt, EDO
MWeber, DEDMRT
GMiller, OEDO
RZimmerman, OE
ACampbell, OE
NHilton, OE
DFurst, OE
NRiddick, OE
NHasan, OE
CScott, OGC
ELeeds, NRR
JGrobe, NRR
BBoger, NRR
JWiggins, NSIR
PHolahan, NSIR
BWestreich, NSIR
Enforcement Coordinators
RII, RIII, RIV (C Evans; S Orth; W Jones)
SReynolds, RIII DNMS
EHayden, OPA
HBell, OIG
CMcCrary, OI
WDean, RA
MDapas, DRA
DLew, DRP
JClifford, DRP
DCollins, DRP
DRoberts, DRS
PWilson, DRS (R1DRSMail RESOURCE)
MGray, DRP
BBickett, DRP
SMcCarver, DRP
SRutenkroger, DRP, RI
KKolek, Resident OA
DBearde, DRS
RidsNrrPMFitzPatrick Resource
RidsNrrDorlLpl1-1 Resource
JTrapp, DRS, RI
MErnstes, DRS, RII
EDuncan, DRS, RIII
MShannon, DRS, RIV
ROPreports Resource@nrc.gov
KFarrar, RI
DHolody, RI
MMcLaughlin, RI
CODaniell,