IR 05000461/2014201: Difference between revisions

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{{Adams
{{Adams
| number = ML14290A333
| number = ML14196A313
| issue date = 10/23/2014
| issue date = 07/29/2014
| title = Final Significance Determination for a Security-Related Greater than Green Finding and Notice of Violation; IR 05000461/2014201 Clinton Power Station, Unit 1
| title = IR 05000461-14-201, on 06/24/14, Clinton Power Station Unit 1, NRC Security Inspection Report Preliminary Greater than Green
| author name = Layton M C
| author name = Johnson R C, Layton M
| author affiliation = NRC/NSIR/DSO
| author affiliation = NRC/NSIR/DSO/DDSO/SPEB
| addressee name = Pacilio M J
| addressee name = Pacilio M J
| addressee affiliation = Exelon Generation Co, LLC
| addressee affiliation = Exelon Generation Co, LLC
Line 11: Line 11:
| contact person = Dexter R F
| contact person = Dexter R F
| case reference number = EA-14-109-1
| case reference number = EA-14-109-1
| document report number = IR 2014201
| document report number = IR-14-201
| package number = ML14290A438
| document type = Inspection Report, Letter
| document type = Letter
| page count = 2
| page count = 3
}}
}}


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=Text=
=Text=
{{#Wiki_filter:
{{#Wiki_filter:
[[Issue date::October 23, 2014]]
[[Issue date::July 29, 2014]]


EA-14-109 Mr. Michael Senior Vice President Exelon Generation Company Clinton Power Station 4300 Winfield Road Warrenville, IL 60555
EA-14-109-1


SUBJECT: FINAL SIGNIFICANCE DETERMINATION FOR A SECURITY-RELATED GREATER-THAN-GREEN FINDING AND NOTICE OF VIOLATION; 05000461/2014201 CLINTON POWER STATION, UNIT 1
Mr. Michael Senior Vice President Exelon Generation Company 4300 Winfield Road Warrenville, IL 60555
 
SUBJECT: CLINTON POWER STATION, UNIT 1 - NRC SECURITY INSPECTION REPORT 05000461/201420 PRELIMINARY GREATER THAN GREEN


==Dear Mr. Pacilio:==
==Dear Mr. Pacilio:==
This letter provides you the final results of our significance determination of the preliminary Greater-than-Green finding identified in our previous communication dated July 30, 2014, which included the subject inspection report. This Greater-than-Green finding was discussed in detail in Section 3.4 of the subject inspection report. At your request, a Regulatory Conference was held on September 24, 2014, to further discuss your views on this issue. During the meeting, your staff described your assessment of the significance of the finding, to include the root cause of the finding, and the corrective actions taken to resolve it. After considering the information developed during the inspection, and the additional information you provided at the conference, the U.S. Nuclear Regulatory Commission (NRC) has concluded that the inspection finding is appropriately characterized as a Greater-than-Green finding (i.e., a finding having more than very low security significance).
On June 24, 2014, the U.S. Nuclear Regulatory Commission (NRC) completed an inspection at your Clinton Power Station, Unit 1. The inspection covered one or more of the key attributes of the security cornerstone of the NRC's Reactor Oversight Process. The enclosed inspection report documents the inspection results, which were discussed via telephone on June 24, 2014, with members of your staff.
 
NRC inspectors 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 and records, observed activities, and interviewed personnel.
 
The attached report documents one finding that has been preliminarily determined to be greater than Green (i.e., a finding of greater than very low significance) that may result in the need for further evaluation to determine significance and, therefore, the need for additional NRC action. The finding was assessed based on the best available information, using the Physical Protection Significance Determination Process. This deficiency was promptly corrected or compensated for, and the plant was in compliance with applicable physical protection and security requirements within the scope of this inspection before the inspectors left the area.
 
The finding is also an apparent violation of NRC requirements and is being considered for escalated enforcement action in accordance with the NRC's Enforcement Policy, which can be found on the NRC's Web site at: http://nrc.gov/reading-rm/doc-collections/enforcement.
 
The enclosure transmitted herewith contains Safeguard Information. When separated from the enclosure, this transmittal document is decontrolled. In accordance with the NRC Inspection Manual Chapter (IMC) 0609, "Significance Determination Process", we intend to complete our evaluation using the best available information and issue our final determination of security significance within 90 days of this letter.
 
The Significance Determination Process (SDP) 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 our final significance determination, we are providing you with an opportunity to (1) attend a regulatory conference where you can present to the NRC your perspective on the facts and assumptions the NRC used to arrive at the finding and assess its significance; 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 1 week prior to the conference in an effort to make the conference more efficient and effective. In the interest of protecting sensitive security-related information, if a regulatory conference is held, it will not be open for public observation. If you decide to submit only a written response, such a submittal should be sent to the NRC within 30 days of your receipt of this letter. If you decline to request a regulatory conference or submit a written response, you relinquish your right to appeal the final SDP determination, in that by not doing either, you fail to meet the appeal requirements stated in the prerequisite and limitation sections of Attachment 2 of IMC 0609.
 
Please contact Mr. Robert C. Johnson at (301) 287-3688, and in writing, within 10 days from the issue date 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.
 
The final resolution of this matter will be conveyed in a separate correspondence.
 
Because the NRC has not made a final determination in this matter, no notice of violation is being issued for these inspection findings at this time. In addition, please be advised that the number and characterization of the apparent violation(s) may change as a result of further NRC review.
 
In accordance with Title 10 of the Code of Federal Regulations (10 CFR) 2.390 of the NRC's "Rules of Practice," 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 the NRC's Agencywide Documents Access and Management System (ADAMS). ADAMS is 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 safeguards information as defined by 10 CFR 73.21 and its disclosure to unauthorized individuals is prohibited by Section 147 of the Atomic Energy Act of 1954, as amended. Therefore, the material in the enclosure will not be made available electronically for public inspection in the NRC Public Document Room or from the PARS component of NRC's ADAMS. If you choose to provide a response and safeguards information is necessary to provide an acceptable response, please provide the level of protection described in 10 CFR 73.21. Otherwise, if security-related information is necessary to provide an acceptable response, please mark your entire response "Security-Related Information - Withhold from Public Disclosure Under 10 CFR 2.390" 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.


You have 30 calendar days from the date of this letter to appeal the staff's determination of significance for the identified greater-than-green finding. Such appeals should be addressed to the U.S. Nuclear Regulatory Commission, ATTN: Director, Office of Nuclear Security and Incident Response, Washington, DC 20555-0001 and will be considered to have merit only if they meet the criteria given in NRC Inspection Manual Chapter 0609, Attachment 2.
Sincerely,/RA/ Michael Layton, Acting Director Division of Security Operations Office of Nuclear Security and Incident Response Docket No. 50-461 License No. NPF-62 Nonpublic


The NRC has also determined that the condition discussed is a violation of NRC requirements, as cited in the Notice of Violation (Notice) provided in the enclosure (Non-public). In accordance with the NRC Enforcement Policy, the Notice is considered an escalated enforcement action because it is associated with a Greater-than-Green finding. The enclosure transmitted herewith contains Official Use Only - Security-Related Information. When separated from the enclosure, the transmittal document is decontrolled You are required to respond to this letter and should follow the instructions specified in the enclosed Notice when preparing your response. Because this issue has been determined to be beyond the licensee response band, we will use the NRC's 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 Title 10 of the Code of Federal Regulations (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's Public Document Room or from the NRC's document system Agencywide Documents and Access Management System (ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. 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 present a security vulnerability. Therefore, the material in the enclosure will not be made available electronically for public inspection in the NRC Public Document Room or from the NRC's document system (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 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.
===Enclosure:===
Inspection Report 05000461/2014201


Sincerely,/RA by A. Pretzello for/
===w/Attachments:===
Michael C. Layton, Acting Director Division of Security Operations Office of Nuclear Security and Incident Response Docket No. 50-461 License No. NPF-62 Enclosures 1. Notice of Violation (non-public) 2. Evaluation of Regulatory Conference Information (non-public) cc w/encl: T. Stoner, Acting Site Vice President B. Brooks, Security Manager  
Supplemental Information cc w/encl: B. K. Taber, Site Vice President B. Brooks, Security Manager  


ML14290A438 OFFICE NSIR/DSO NSIR/DSO NSIR/DSO RIII NSIR/DSO/SPEB NSIR/DSO NAME R. Dexter J. Curry K. Brooks R. Skokowski J.Willis for/C.Johnson A.Pretzello for/M. Layton DATE 10/16/14 10/17/14 10/17/14 10/17/14 10 /20/14 10/23/14
ML14196A313 OFFICE NSIR/DSO NSIR/DSO NSIR/DSO RIII NSIR/DSO NSIR/DSO/SPEB NAME Robert Dexter J. Curry Ken Brooks R. Skokowski C. Johnson A. Pretzello for/M. Layton DATE 7/1/14 7/17/14 7/16/14 7/25/14 7/25/14 7/29/14
}}
}}

Revision as of 22:48, 27 June 2018

IR 05000461-14-201, on 06/24/14, Clinton Power Station Unit 1, NRC Security Inspection Report Preliminary Greater than Green
ML14196A313
Person / Time
Site: Clinton Constellation icon.png
Issue date: 07/29/2014
From: Johnson R C, Michael Layton
NRC/NSIR/DSO/DDSO/SPEB
To: Pacilio M J
Exelon Generation Co
Dexter R F
References
EA-14-109-1 IR-14-201
Download: ML14196A313 (2)


Text

July 29, 2014

EA-14-109-1

Mr. Michael Senior Vice President Exelon Generation Company 4300 Winfield Road Warrenville, IL 60555

SUBJECT: CLINTON POWER STATION, UNIT 1 - NRC SECURITY INSPECTION REPORT 05000461/201420 PRELIMINARY GREATER THAN GREEN

Dear Mr. Pacilio:

On June 24, 2014, the U.S. Nuclear Regulatory Commission (NRC) completed an inspection at your Clinton Power Station, Unit 1. The inspection covered one or more of the key attributes of the security cornerstone of the NRC's Reactor Oversight Process. The enclosed inspection report documents the inspection results, which were discussed via telephone on June 24, 2014, with members of your staff.

NRC inspectors 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 and records, observed activities, and interviewed personnel.

The attached report documents one finding that has been preliminarily determined to be greater than Green (i.e., a finding of greater than very low significance) that may result in the need for further evaluation to determine significance and, therefore, the need for additional NRC action. The finding was assessed based on the best available information, using the Physical Protection Significance Determination Process. This deficiency was promptly corrected or compensated for, and the plant was in compliance with applicable physical protection and security requirements within the scope of this inspection before the inspectors left the area.

The finding is also an apparent violation of NRC requirements and is being considered for escalated enforcement action in accordance with the NRC's Enforcement Policy, which can be found on the NRC's Web site at: http://nrc.gov/reading-rm/doc-collections/enforcement.

The enclosure transmitted herewith contains Safeguard Information. When separated from the enclosure, this transmittal document is decontrolled. In accordance with the NRC Inspection Manual Chapter (IMC) 0609, "Significance Determination Process", we intend to complete our evaluation using the best available information and issue our final determination of security significance within 90 days of this letter.

The Significance Determination Process (SDP) 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 our final significance determination, we are providing you with an opportunity to (1) attend a regulatory conference where you can present to the NRC your perspective on the facts and assumptions the NRC used to arrive at the finding and assess its significance; 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 1 week prior to the conference in an effort to make the conference more efficient and effective. In the interest of protecting sensitive security-related information, if a regulatory conference is held, it will not be open for public observation. If you decide to submit only a written response, such a submittal should be sent to the NRC within 30 days of your receipt of this letter. If you decline to request a regulatory conference or submit a written response, you relinquish your right to appeal the final SDP determination, in that by not doing either, you fail to meet the appeal requirements stated in the prerequisite and limitation sections of Attachment 2 of IMC 0609.

Please contact Mr. Robert C. Johnson at (301) 287-3688, and in writing, within 10 days from the issue date 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.

The final resolution of this matter will be conveyed in a separate correspondence.

Because the NRC has not made a final determination in this matter, no notice of violation is being issued for these inspection findings at this time. In addition, please be advised that the number and characterization of the apparent violation(s) may change as a result of further NRC review.

In accordance with Title 10 of the Code of Federal Regulations (10 CFR) 2.390 of the NRC's "Rules of Practice," 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 the NRC's Agencywide Documents Access and Management System (ADAMS). ADAMS is 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 safeguards information as defined by 10 CFR 73.21 and its disclosure to unauthorized individuals is prohibited by Section 147 of the Atomic Energy Act of 1954, as amended. Therefore, the material in the enclosure will not be made available electronically for public inspection in the NRC Public Document Room or from the PARS component of NRC's ADAMS. If you choose to provide a response and safeguards information is necessary to provide an acceptable response, please provide the level of protection described in 10 CFR 73.21. Otherwise, if security-related information is necessary to provide an acceptable response, please mark your entire response "Security-Related Information - Withhold from Public Disclosure Under 10 CFR 2.390" 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.

Sincerely,/RA/ Michael Layton, Acting Director Division of Security Operations Office of Nuclear Security and Incident Response Docket No. 50-461 License No. NPF-62 Nonpublic

Enclosure:

Inspection Report 05000461/2014201

w/Attachments:

Supplemental Information cc w/encl: B. K. Taber, Site Vice President B. Brooks, Security Manager

ML14196A313 OFFICE NSIR/DSO NSIR/DSO NSIR/DSO RIII NSIR/DSO NSIR/DSO/SPEB NAME Robert Dexter J. Curry Ken Brooks R. Skokowski C. Johnson A. Pretzello for/M. Layton DATE 7/1/14 7/17/14 7/16/14 7/25/14 7/25/14 7/29/14