IR 05000395/2010404

IR 05000395-10-404, on 05/21/2010, Final Significance Determination (Summer) - NRC Inspection, OUO Removed

ML102020436
Person / Time
Site:	Summer
Issue date:	07/19/2010
From:	Reyes L Region 2 Administrator
To:	Gatlin T South Carolina Electric & Gas Co
References
EA-10-089 IR-10-404
Download: ML102020436 (4)

Text

July 19, 2010

SUBJECT:

FINAL SIGNIFICANCE DETERMINATION - NRC INSPECTION REPORT

05000395/2010404

Dear Mr. Gatlin:

This letter provides you the final results of our significance determination of the preliminary Greater than Green finding, identified in NRC Inspection Report 05000395/2010403, dated May 21, 2010. This preliminary Greater than Green finding was discussed in detail Section 4OA4.02.03.e of the inspection report.

At your request, a Regulatory Conference was held on June 30, 2010, to further discuss your views on this issue. During the meeting, your staff described your assessment of the significance of the finding, the corrective actions taken to resolve it, including the root cause of the finding.

After considering the information developed during the inspection and the additional information you provided at the conference, the NRC has concluded that the inspection finding is appropriately characterized as greater than very low security significance (i.e., greater than Green as determined by the Physical Protection Significance Determination Process).

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 NRC Inspection Manual Chapter 0609, Attachment 2.

The NRC also has determined that the condition discussed in NRC Inspection Report 05000395/2010403 is a violation of 10 CFR 73.22(c)(2), as cited in the enclosed Notice of Violation (Notice). In accordance with the NRC Enforcement Policy, the Notice is considered escalated enforcement action because it is associated with a Greater than Green finding.

The NRC has concluded that information regarding the reasons for the violation, the corrective actions taken or planned in order to correct the violation and prevent recurrence, and the date when full compliance was achieved is already adequately addressed on the docket in the information presented by SCE&G at the conference. Therefore, you are not required to respond to this letter unless the description herein does not accurately reflect your corrective SCE&G 2 actions or your position. In that case, or if you choose to provide additional information, you should follow the instructions specified in the enclosed Notice.

For administrative purposes, this letter is issued as a separate NRC Inspection Report, No. 05000395/2010404.

Because plant performance for this issue has been determined to be beyond the licensee response band, 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 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 or 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 enclosures will not be available for public inspection.

Because this issue involves security-related information, your response, should you choose to respond in writing, will not be made available electronically for public inspection in the NRC Public Document Room or from the NRCs document system (ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. 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 will not be made available electronically for public inspection in the NRC Public Document Room or from the NRCs document system (ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html.

Should you have any questions concerning this letter, please contact Mr. Kriss Kennedy, Director, Division of Reactor Safety, at (404) 997-4600.

Sincerely,

/RA/

Luis A. Reyes Regional Administrator

Docket No. 50-395 License No. NPF-12

Enclosures: 1. Inspection Report 05000395/2010404 (OUO/Security Related Information)

2. Notice of Violation (OUO/Security Related Information)

cc w/encl: See page 3 SCE&G

3 cc w/encls:

David A. Lavigne General Manager South Carolina Electric & Gas Company Virgil C. Summer Nuclear Station P.O. Box 88 Jenkinsville, SC 29065

Bruce L. Thompson Manager Nuclear Licensing (Mail Code 830)

South Carolina Electric & Gas Company Virgil C. Summer Nuclear Station P.O. Box 88 Jenkinsville, SC 29065

R. J. White Nuclear Coordinator S.C. Public Service Authority Mail Code 802 Virgil C. Summer Nuclear Station P.O. Box 88 Jenkinsville, SC 29065

Susan E. Jenkins Director, Division of Waste Management Bureau of Land and Waste Management S.C. Department of Health and Environmental Control 2600 Bull Street Columbia, SC 29201

_________________________

OFFICE RII:ORA RII:DRS RII:DRS RII:ORA OE NSIR SIGNATURE

/RA/

/RA/SES

/RA/

EMAIL EMAIL NAME CEVANS MERNSTES KKENNEDY VMCCREE DFURST GWEST DATE 7/ 7/2010 7/ 7/2010 7/ 7 /2010 7/ /2010 7/12/10 7/10/12 E-MAIL COPY?

YES NO YES NO YES NO

YES NO YES NO