Text

EA-08-284, Clinton Power Station, Final Significance Determination for a Security-Related Greater than Green Finding and Notice of Violation; NRC Inspection Report No. 05000461/2008403(DRS) - Cover Letter
	ML090200098
Person / Time
Site:	Clinton
Issue date:	01/20/2009
From:	Caldwell J; Region 3 Administrator
To:	Pardee C; Exelon Nuclear
References
	EA-08-284, IR-08-403 EA-08-284
	Download: ML090200098 (4)
	v • d • e

OFFICIAL USE ONLY

- SECURITY-RELATED INFORMATION

OFFICIAL USE ONLY

- SECURITY-RELATED INFORMATION

January 20, 2009 EA 08-284

Mr. Charles G. Pardee President and Chief Nuclear Officer (CNO), Exelon Nuclear

4300 Winfield Road

Warrenville IL 60555 SUBJECT: FINAL SIGNIFICANCE DETERMINATION FOR A SECURITY-RELATED GREATER THAN GREEN FINDING AND NOTICE OF VIOLATION;

NRC INSPECTION REPORT NO. 05000461/2008403(DRS) -

CLINTON POWER STATION Dear Mr. Pardee:

This letter provides you the final results of our significance determination of the preliminary Greater than Green finding identified in our previous communication dated November 19, 2008,

which included the subject inspection report. This Greater than Green finding was discussed in

detail in Section 40A2 of the subject inspection report. In a telephone conversation with Mr. Eric Duncan of the U.S. Nuclear Regulatory

Commission (NRC), Regi

on III, on December 9, 2008, Mr. Russ Kearney of your staff indicated that Clinton Power Station did not contest the characterization of this finding and that you

declined your opportunity to discuss this issue in a Regulatory Conference or to provide a written

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 will be considered to have merit only if they meet the criteria given in the NRC Inspection Manual Chapter 0609,

Attachment 2. The NRC has also determined that the condition discussed is a violation of 10 CFR 73.21(d)(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. Because plant performance for this issue has been determined to be beyond the licensee response band, we will use the NRC's Security Action Matrix to determi

ne the most

appropriate NRC response for this event. We will notify you, by separ

ate correspondence, of that determination.

Enclosure transmitted herewith contains Sensitive Unclassified Non-Safeguards

Information. When separated from enclosure,

this transmittal document is decontrolled.

OFFICIAL USE ONLY

- SECURITY-RELATED INFORMATION

C. Pardee -2- OFFICIAL USE ONLY

- SECURITY-RELATED INFORMATION

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 NRC's 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

letter's enclosure will not be available for public inspection. Because this issue involves security-related information, your response, should you choose to provide a response in writing,

will also not be made available for public inspection. Sincerely, /RA/ James L. Caldwell Regional Administrator Docket No: 50-461 License No: NPF-62 Nonpublic Enclosures (Contain Official Use Only - Security-Related Information (OUO-SRI)) 1. Final Significance Determination

2. Notice of Violation cc w/encl w/OUO-SRI: J. Klinger, State Liaison Officer, Illinois Emergency Management Agency C. Williamson, Clinton Site Security Manager cc w/o encl: Site Vice President - Clinton Power Station Plant Manager - Clinton Power Station

Regulatory Assurance Manager - Clinton Power Station

Chief Operating Officer and Senior Vice President

Senior Vice President - Midwest Operations

Senior Vice President - Operations Support

Vice President - Licensing and Regulatory Affairs

Director - Licensing and Regulatory Affairs

Manager Licensing - Clinton, Dresden and Quad Cities

Associate General Counsel

Document Control Desk - Licensing

Assistant Attorney General

Chairman, Illinois Commerce Commission

OFFICIAL USE ONLY

- SECURITY-RELATED INFORMATION

C. Pardee -2- OFFICIAL USE ONLY

- SECURITY-RELATED INFORMATION

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 NRC's

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 letter's enclosure will not be available for public inspection.

Because this issue involves security-related information, your response, should you choose to provide a

response in writing, will also not be made available for public inspection. Sincerely,

/RA/ James L. Caldwell Regional Administrator Docket No: 50-461 License No: NPF-62 Nonpublic Enclosures (Contain Official Use Only - Security-Related Information (OUO-SRI)) 1. Final Significance Determination 2. Notice of Violation cc w/encl w/OUO-SRI: J. Klinger, State Liaison Officer, Illinois Emergency Management Agency C. Williamson, Clinton Site Security Manager cc w/o encl: Site Vice President - Clinton Power Station Plant Manager - Clinton Power Station

Regulatory Assurance Manager - Clinton Power Station

Chief Operating Officer and Senior Vice President

Senior Vice President - Midwest Operations

Senior Vice President - Operations Support

Vice President - Licensing and Regulatory Affairs

Director - Licensing and Regulatory Affairs

Manager Licensing - Clinton, Dresden and Quad Cities

Associate General Counsel

Document Control Desk - Licensing

Assistant Attorney General

Chairman, Illinois Commerce Commission DISTRIBUTION

See Next Page FILE NAME: G:\EICS\ENFORCEMENT\Enforcement Cases 2008\EA-08-284 Clinton Control of SGI\EA-08-284 Final Cover Letter Only.doc

Cover Letter: Publicly Available Non-Publicly Available Sensitive Non-Sensitive OFFICE RIII RIII RIII D:OE D:NSIR RIII RIII NAME Learn Duncan West Barnes for Carpenter 1 Furst 2 O'Brien Caldwell DATE 1/12/09 1/13/09 1/13/09 1/08/09 1/08/09 1/16/09 1/16/09 OFFICIAL RECORD COPY

1 OE concurrence received via e-mail from R. Barnes on January 8, 2009.

2 NSIR concurrence received via e-mail from R. Barnes on January 8, 2009.

OFFICIAL USE ONLY

- SECURITY-RELATED INFORMATION OFFICIAL USE ONLY

- SECURITY-RELATED INFORMATION

Letter to Charles Pardee from James L. Caldwell dated January 20, 2009

SUBJECT: FINAL SIGNIFICANCE DETERMINATION FOR A SECURITY-RELATED GREATER THAN GREEN FINDING AND NOTICE OF VIOLATION;

NRC INSPECTION REPORT NO. 05000461/2008403(DRS) -

CLINTON POWER STATION

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