IR 05000261/2010402

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IR 05000261-10-402, on 08/13/10, H. B. Robinson Steam Electric Plant - NRC Security Preliminary White Finding and Apparent Violation
ML103140650
Person / Time
Site: Robinson Duke Energy icon.png
Issue date: 11/10/2010
From: Joel Munday
Division of Reactor Safety II
To: Duncan R
Carolina Power & Light Co
References
IR-10-402
Download: ML103140650 (4)


Text

UNITED STATES NUCLEAR REGULATORY COMMISSION

REGION II

245 PEACHTREE CENTER AVENUE NE, SUITE 1200 ATLANTA, GEORGIA 30303-1257 November 10, 2010 Mr. Robert Duncan Vice President Carolina Power and Light Company H.B. Robinson Steam Electric Plant Unit 2 3581 West Entrance Road Hartsville, SC 29550 SUBJECT: H. B. ROBINSON STEAM ELECTRIC PLANT - NRC SECURITY INSPECTION REPORT 05000261/2010402; PRELIMINARY WHITE FINDING AND APPARENT VIOLATION

Dear Mr. Duncan:

On August 13, 2010, the U. S. Nuclear Regulatory Commission (NRC) completed a security baseline inspection at your H. B. Robinson Steam Electric Plant, Unit 2. The inspection covered one or more of the key attributes of the security cornerstone of the NRC=s Reactor Oversight Process. The enclosed report documents the inspection results, which were discussed on August 13, 2010, with Mr. E. McCartney and other members of your staff. A re-exit meeting was conducted by telephone on October 26, 2010, with Mr. E. ONeal and other licensee staff members.

This 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 letter transmits a finding that has preliminarily been determined to be greater than Green -

i.e., a finding of greater than very low safety significance that may result in the need for further evaluation to determine significance, and therefore the need for additional NRC action. The finding is described in the enclosed inspection report. This finding was assessed based on the best available information, using the Physical Protection Significance Determination Process (PPSDP). The finding was immediately corrected and placed in the licensees Corrective Action Program, while long term corrective action is being implemented. 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 can be found on the NRCs Web site at http://www.nrc.gov/reading-rm/doc-collections/enforcement. The finding had a cross-cutting aspect in the area of Human Performance under H.4.(c), in that, the licensee failed to ensure supervisory and management oversight of work activities, such that nuclear security is supported. If you disagree with the cross-cutting aspect assigned to any finding in this report, CP&L 2 you should provide a response within 30 days of the date of this inspection report, with the basis of your disagreement, to the Regional Administrator, Region II, and the NRC Resident Inspector at the H. B. Robinson Steam Electric Plant.

In accordance with NRC Inspection Manual Chapter (IMC) 0609, we intend to complete our evaluation using the best available information and issue our final determination of safety significance within 90 days of the date of this letter. The significance determination process encourages an open dialogue between the NRC staff and the licensee, however, the dialogue should not impact the timeliness of the staffs final determination.

Before we make our final significance determination, we are providing you with an opportunity (1) to 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 of 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 one week prior to the conference in an effort to make the conference more efficient and effective. If a Regulatory Conference is held, it will not be open for public observation. If you decide to submit only a written response, such 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. Mike Ernstes, Chief, Plant Support Branch 2, Division of Reactor Safety, at (404) 997-4540 or 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 business days, we will continue with our significance determination and enforcement decision. The final resolution of this matter will be conveyed in separate correspondence.

Because the NRC has not made a final determination in this matter, a Notice of Violation will not be issued for these inspection findings at this time. In addition, please be advised that the number and characterization of the apparent violation described in the enclosed inspection report may change as a result of further NRC review.

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 Website 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 respond in writing, will not 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. If Safeguards Information is CP&L 3 necessary to provide an acceptable response, please provide the level of protection described in 10 CFR 73.21. Otherwise, mark your entire response Proprietary Information 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/

Joel T. Munday, Director Division of Reactor Safety Docket No.: 50-261 License No.: DPR-23 Enclosure: Inspection Report 05000261/2010402 w/Attachment: Supplemental Information (OUO)

cc: See Page 4 CP&L 4 cc w/Encl:

Robert Duncan Vice President H. B. Robinson Steam Electric Plant Unit 2 Carolina Power & Light Company 3581 West Entrance Road Hartsville, SC 29550 Christos Kamilaris Director Fleet Support Services Carolina Power & Light Company P.O. Box 1551 Raleigh, NC 27602-1551 Joseph W. Donahue Vice President Nuclear Oversight Carolina Power and Light Company P.O. Box 1551 Raleigh, NC 27602-1551 Brian C. McCabe Manager, Nuclear Regulatory Affairs Progress Energy Carolinas, Inc.

P.O. Box 1981 Raleigh, NC 27602-1981