ML082630406

NRC Physical Security Special Inspection Report 05000416-08-404: Preliminary Greater than Green Finding

ML082630406
Person / Time
Site:	Grand Gulf
Issue date:	09/18/2008
From:	Caniano R Division of Reactor Safety IV
To:	Douet J Entergy Operations
Lynn berger
References
EA-08-248, IR-08-404
Download: ML082630406 (4)

See also: IR 05000416/2008404

Text

OFFICIAL USE ONLY

- SECURITY-RELATED INFORMATION

OFFICIAL USE ONLY

- SECURITY-RELATED INFORMATION

September 18, 2008

EA- 08-248

James R. Douet Vice President Operations Entergy Operations, Inc. Grand Gulf Nuclear Station

P.O. Box 756 Port Gibson, MS 39150

SUBJECT: GRAND GULF NUCLEAR STATION - NRC PHYSICAL SECURITY SPECIAL INSPECTION REPORT 05000416/2008404: PRELIMINARY GREATER THAN

GREEN FINDING

Dear Mr. Douet:

This refers to an on-site and in-office special inspection, which concluded on August 20, 2008,

regarding activities at the Grand Gulf Nuclear Station. This inspection was initiated by the Nuclear Regulatory Commission (NRC), Region IV, on June 26, 2008, to determine if sensitive unclassified information (safeguards information) had been improperly controlled in accordance with NRC requirements. The enclosed inspection report documents the inspection results, which were discussed on August 20, 2008, with Mr. William R. Brian, Vice President, Operations Support, Entergy Operations, Inc., and members of your staff.

This inspection examined activities conducted under your license as they relate to security and compliance with the Commission's rules and regulations and with the conditions of your license. The inspectors reviewed selected procedures, records and files, observed activities, and interviewed personnel.

This letter discusses a finding that appears to have greater than green security significance, as described in Section 4OA5 of this report. This finding was assessed based on the best available information, including influential assumptions, using the Physical Protection Significance Determination Process. The final resolution of this finding will convey the increment in the importance to security by assigning the corresponding color, which may require

additional NRC inspection. Compensatory measures are in place while long-term corrective measures are being implemented. UNITED STATESNUCLEAR REGULATORY COMMISSIONREGION IV612 EAST LAMAR BLVD, SUITE 400ARLINGTON, TEXAS 76011-4125

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Entergy Operations, Inc. - 2 -

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The finding is also associated with an apparent violation of NRC requirements that is being considered for escalated enforcement action in accordance with NRC Enforcement Policy. The current Enforcement Policy is included on the NRC's Web site at http://www.nrc.gov/reading-rm/doc-collections/enforcement.

In accordance with NRC Inspection Manual Chapter 0609, "Significance Determination Process," we intend to complete our evaluation using the best available information and issue our final determination of safety significance within 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 staff's final determination.

Before we make a final decision on this matter, we are providing you an opportunity to: (1) present to the NRC your perspectives on the facts and assumptions, used by the NRC to arrive at the finding and its significance, at a Regulatory Conference; or (2) submit your position

on the finding to the NRC in writing. If you request a Regulatory Conference, it should be held within 30 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. If a Regulatory Conference is held, it will be closed to public observation because of the discussion of security-related information. If you decide to submit only a written response, such submittal should be sent to the NRC within 30 days of the receipt of this letter. If you decline to request a Regulatory Conference or to submit a written response,

you relinquish your right to appeal the final significance determination process decision, in that by not doing either, you fail to meet the appeal requirements stated in the Prerequisite and Limitation sections of Attachment 2 of Inspection Manual Chapter 0609.

Please contact Michael P. Shannon, Chief, Plant Support Branch-1, Division of Reactor Safety,

at 817-860-8215 within 10 business days of the date of receipt 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 and you will be advised by separate correspondence of the results of our deliberations on this matter.

Since the NRC has not made a final determination in this matter, no Notice of Violation is being issued for the 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.

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 Publicly Available Records (PARS) component of the NRC's document system, ADAMS. ADAMS is accessible from the NRC Website at http://www.nrc.gov/reading-rm/adams.html (the Public Electronic Reading Room). However, because of the security-related concerns contained in the enclosure, and in accordance with 10 CFR 2.390, a copy of this letter's enclosure will not be available for public inspection.

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Entergy Operations, Inc. - 3 -

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In accordance with 10 CFR 2.390(b) (1) (ii), the NRC is waiving the affidavit requirements for your response, if any. This practice will ensure that your response will not be made available electronically for public inspection in the NRC Public Document Room or from the NRC's document system, 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/ Roy J. Caniano, Director

Division of Reactor Safety

Docket No.: 50-416 License No.: NPF- 29

Nonpublic Enclosure: Inspection Report 05000416/2008404

w/Attachments: 1. Supplemental Information 2. Special Inspection Charter

cc w/o enclosure: Senior Vice President

Entergy Nuclear Operations P.O. Box 31995 Jackson, MS 39286-1995 Senior Vice President and COO Entergy Operations, Inc. P.O. Box 31995

Jackson, MS 39286-1995 Vice President, Oversight Entergy Services, Inc.

P.O. Box 31995 Jackson, MS 39286-1995

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Entergy Operations, Inc. - 4 -

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Senior Manager Nuclear Safety & Licensing Entergy Nuclear Operations P.O. Box 31995 Jackson, MS 39286-1995 Manager, Licensing Entergy Operations, Inc. Grand Gulf Nuclear station P.O. Box 756 Port Gibson, MS 39150