IR 05000445/2014404

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NRC Security Inspection Report 05000445/2014404 and 05000446/2014404; Preliminary Greater than Green Finding
ML15065A225
Person / Time
Site: Comanche Peak  Luminant icon.png
Issue date: 03/06/2015
From: Anton Vegel
Division of Reactor Safety IV
To: Flores R
Luminant Generation Co
References
EA-14-234 IR 2014404
Download: ML15065A225 (5)


Text

" " March 6, 2015 EA-14-234 Rafael Flores, Senior Vice President and Chief Nuclear Officer Attention: Regulatory Affairs Luminant Generation Company LLC Comanche Peak Nuclear Power Plant P.O. Box 1002 Glen Rose, TX 76043

SUBJECT: COMANCHE PEAK NUCLEAR POWER PLANT, UNITS 1 AND 2 - NRC SECURITY INSPECTION REPORT 05000445/2014404 AND 05000446/2014404; PRELIMINARY GREATER THAN GREEN FINDING

Dear Mr. Flores:

On August 29, 2014, the U.S. Nuclear Regulatory Commission (NRC) completed an inspection at the Comanche Peak Nuclear Power Plant, Units 1 and 2. On January 26, 2015, the NRC inspectors discussed the results of this inspection with Mr. K. Peters, Site Vice President, and other members of your staff. Inspectors documented the results of this inspection in the enclosed inspection report.

The attached report documents one finding that has preliminarily been determined to have greater than very low security significance that may require additional inspections, regulatory actions, and oversight. The finding was assessed based on the best available information, using the Physical Protection Significance Determination Process (SDP). The deficiencies were 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 inspection team left the site. The NRC will inform you in writing when the final significance has been

determined.

The finding is also an apparent violation of NRC requirements and is being considered for escalated enforcement action in accordance with the Enforcement Policy, which appears on the

NRC's Web site at http://www.nrc.gov/about-nrc/regulatory/enforcement/enforce-pol.html. In accordance with NRC Inspection Manual Chapter (IMC) 0609, we intend to complete our evaluation using the best available information and issue our final security significance determination within 90 days from the date of this letter. The NRC's significance determination process is designed to encourage an open dialogue between your staff and the NRC; however, the dialogue should not affect the timeliness of our final determination.

Before we make our final significance determination, we are providing you with an opportunity (1) attend a Regulatory Conference where you can present to the NRC your point of view on the facts and assumptions 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. 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. 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, it 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. Mark Haire, Chief, Plant Support Branch 1, Division of Reactor Safety, at (817) 200-1527 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.

Because the NRC has not made a final determination in this matter, no notice of violation is being issued for this inspection finding at this time. In addition, please be advised that the

number and characterization of apparent violations may change based on further NRC review.

One NRC-identified finding of very low security-significance was also identified during the inspection. This finding involved a violation of NRC requirements. This finding was associated with a traditional enforcement Severity Level IV violation. Further, licensee-identified violations which were determined to be of very low security significance are listed in this report. The NRC is treating these violations as non-cited violations (NCVs) consistent with Section 2.3.2.a of the Enforcement Policy.

If you contest the violations or significance of these NCVs, you should provide a response within 30 days of the date of this inspection report, with the basis for your denial, to the U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, DC 20555-0001; with copies to the Regional Administrator, Region IV; the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; and the NRC resident inspector at the Comanche Peak Nuclear Power Plant. In accordance with Title 10 of the Code of Federal Regulations (10 CFR) 2.390, "Public Inspections, Exemptions, Requests for Withholding," of the NRC's "Rules of Practice and Procedure," a copy of this letter will be available electronically for public inspection in the NRC's Public Document Room or from the Publicly Available Records (PARS) component of the NRC's Agencywide Documents Access and Managem ent System (ADAMS). ADAMS is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html (the Public Electronic Reading Room).

The enclosed report contains Security-Related Information, so this attachment will not be made publically available in accordance with 10 CFR 2.390(d)(1). If you choose to provide a response that contains Security-Related Information, 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). The NRC is waiving the affidavit requirements for your response in accordance with 10 CFR 2.390(b)(1)(ii).

Sincerely,/RA/

Anton Vegel, Director Division of Reactor Safety Docket Nos. 50-445 and 50-446 License Nos. NPF-87 and NPF-89 Nonpublic

Enclosure:

NRC Inspection Report 05000445/2014404, 05000446/2014404

w/Attachment:

Supplemental Information cc: Electronic Distribution