ML090200098
| 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) | |
See also: IR 05000461/2008403
Text
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), Region 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 NRCs Security Action Matrix to determine the most appropriate
NRC response for this event. We will notify you, by separate 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
OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION
C. Pardee -2-
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 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
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
OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION
C. Pardee -2-
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 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
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
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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
Barnes for
NAME Learn Duncan West Furst2 OBrien Caldwell
Carpenter1
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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