IR 05000247/2009201

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Download: ML092710193

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September 28, 2009

Mr. Joseph Pollock Vice President Indian Point Nuclear Generating Station Entergy Nuclear Operations, Inc.

450 Broadway Buchanan, NY 10511-0249

SUBJECT: INDIAN POINT NUCLEAR GENERATING STATION -- U. S. NUCLEAR REGULATORY COMMISSION SECURITY BASELINE INSPECTION REPORT 05000247/2009201 AND 05000286/2009201

Dear Mr. Pollock:

On May 22, 2009, the U.S. Nuclear Regulatory Commission (NRC) completed a security baseline inspection at the Indian Point Nuclear Generating Station. 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 on May 22, 2009 and August 11, 2009, with members of the site staff.

The 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 and records, observed activities, and interviewed personnel. This report documents one finding of very low security significance (i.e., Green as determined by the Physical Protection Significance Determination Process). The 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 site. However, because of the very low security significance and because it is entered into your corrective action program, the NRC is treating the violation as a non-cited violation (NCV) consistent with Section VI.A1 of the NRC Enforcement Policy. If you contest this NCV, 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; Director, Office of Enforcement, U. S. Nuclear Regulatory Commission, Washington, DC 20555-0001; and the NRC Resident Inspectors at the Indian Point Nuclear Generation Station.

In accordance with 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 NRC's document system Agency 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, because of the security-related concerns contained in the enclosure, and in accordance with 10 CFR 2.390, a copy of this letter's enclosures will not be available for public inspection.

Enclosure Contains Safeguards Information. Upon separation, this page is decontrolled. Should you have any questions concerning this letter, please contact us. Your cooperation is appreciated.

Sincerely,/RA/

Robert C. Johnson, Chief Security Performance Evaluation Branch Division of Security Operations Office of Nuclear Security and Incident Response

Docket Nos.: 50-247, 50-286 License Nos.: DPR-26, DPR-64

Enclosure:

NRC Inspection Report Nos. 05000247/2009201 and 05000286/2009201 (SGI)

w/

Attachment:

Supplemental Information cc w/encl: D. Gagnon, Site Security Manager, Indian Point Site cc w/o encl: Senior Vice President, Entergy Nuclear Operations Vice President, Operations, Entergy Nuclear Operations Vice President, Oversight, Entergy Nuclear Operations Senior Manager, Nuclear Safety and Licensing, Entergy Nuclear Operations Senior Vice President and COO, Entergy Nuclear Operations Assistant General Counsel, Entergy Nuclear Operations Manager, Licensing, Entergy Nuclear Operations C. Donaldson, Esquire, Assistant Attorney General, New York Department of Law A. Donahue, Mayor, Village of Buchanan J. G. Testa, Mayor, City of Peekskill R. Albanese, Four County Coordinator S. Lousteau, Treasury Department, Entergy Services, Inc.

Chairman, Standing Committee on Energy, New York State Assembly Chairman, Standing Committee on Environmental Conservation, New York State Assembly Chairman, Committee on Corporations, Authorities, and Commissions M. Slobodien, Director, Emergency Planning P. Eddy, NYS Department of Public Service Assemblywoman Sandra Galef, New York State Assembly T. Seckerson, County Clerk, Westchester County Board of Legislators A. Spano, Westchester County Executive R. Bondi, Putnam Count Executive C. Vanderhoef, Rockland County Executive E. A. Diana, Orange County Executive T. Judson, Central NY Citizens Awareness Network