IR 05000269/2006015

Final Significance Determination for Greater than Green Finding and Notice of Violation; IR 05000269-06-015, 05000270-06-015, and 05000287-06-015

ML062160096
Person / Time
Site:	Oconee
Issue date:	07/31/2006
From:	Travers W Region 2 Administrator
To:	Brandi Hamilton Duke Energy Carolinas, Duke Power Co
References
EA-06-080 IR-06-015
Download: ML062160096 (5)

Text

uly 31, 2006

SUBJECT:

FINAL SIGNIFICANCE DETERMINATION FOR A GREATER THAN GREEN FINDING AND NOTICE OF VIOLATION (OCONEE NUCLEAR STATION - NRC INSPECTION REPORT 05000269/2006015, 05000270/2006015 AND 05000287/2006015)

Dear Mr. Hamilton:

The purpose of this letter is to provide you with the Nuclear Regulatory Commissions (NRC)

final significance determination for a finding involving a security related matter. The finding was identified during an NRC inspection completed on February 20, 2006, and documented in NRC Special Inspection Report No. 05000269, 270, 287/2006010, issued on May 3, 2006. The finding was preliminarily assessed as an issue that had the potential for greater than very low security significance (i.e., greater than Green as determined by the Physical Protection Significance Determination Process). The cover letter to the inspection report informed Duke of the NRCs preliminary conclusion and provided Duke an opportunity to request a regulatory conference on this matter. In lieu of a regulatory conference, Duke provided a written response dated June 30, 2006.

In its written response, Duke advised that it disagreed with the NRCs preliminary significance determination. Duke did not contest the NRCs determination that the finding represented violations of regulatory requirements.

After considering the information developed during the inspection and the information provided in Dukes response of June 30, 2006, the NRC has concluded that the final inspection finding is DOCUMENT CONTAINS ENCLOSURES CONTAINS .

UPON REMOVAL, THIS LETTER IS SECURITY RELATED INFORMATION

Duke 2 DOCUMENT CONTAINS appropriately characterized as greater than very low security significance in the Physical Protection cornerstone. Enclosure 2 to this letter provides the basis for the NRCs conclusions on this matter.

The findings 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 inspectors left the site. The findings were licensee identified.

You have 30 calendar days from the date of this letter to appeal the staffs determination of significance for the identified finding. Such appeals will be considered to have merit only if they meet the criteria given in NRC Inspection Manual Chapter 0609, Attachment 2.

The NRC has also determined that the finding represented two violations of regulatory requirements, as cited in the attached Notice of Violation (Notice). The circumstances surrounding the violations are described in detail in NRC Inspection Report No. 05000269, 270, 287/2006010. In accordance with the NRC Enforcement Policy, the Notice of Violation is considered escalated enforcement action because it is associated with a greater than Green finding.

You are required to respond to this letter and should follow the instructions specified in the enclosed Notice when preparing your response. The NRC will use your response, in part, to determine whether further enforcement action is necessary to ensure compliance with regulatory requirements.

For administrative purposes, this letter is issued as a separate NRC Inspection Report, No.

05000269, 270, 287/2006015, and the above violations are identified as VIO 05000269, 270, 287/2006015-01 and -02. Accordingly, Apparent Violations AV 05000269, 270, 287/2006010-01 and -02 are closed.

Because plant performance for this issue has been determined to be in the regulatory response band, we will use the NRC Action Matrix, to determine the most appropriate NRC response for this event. We will notify you, by separate correspondence, of that determination.

In accordance with 10 CFR 2.390 of the NRCs 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 NRCs document system, ADAMS. ADAMS is accessible from the NRC Website at http://www/nrc.gov.reading-rm/adams.html (the Public Electronic Reading Room). However, because of the security related concerns contained in the DOCUMENT CONTAINS ENCLOSURES CONTAINS .

UPON REMOVAL, THIS LETTER IS SECURITY RELATED INFORMATION

Duke 3 DOCUMENT CONTAINS enclosures, and in accordance with 10 CFR 2.390, a copy of this letters enclosures will not be available for public inspection.

In accordance with 10 CFR 2.390(b)(1)(ii), the NRC is waiving the affidavit requirements for your response, if any. This practice will ensure that your response will not be made available electronically for public inspection in the NRC Public Document Room or from the NRCs document system, ADAMS. If Safeguards Information is necessary to provide an acceptable response, please provide the level of protection described in 10 CFR 73.21.

Should you have any questions regarding this letter, please contact Mr. Brian R. Bonser, Chief, Plant Support Branch 2, Division of Reactor Safety, at (404) 562-4653.

Sincerely,

/RA: Loren Plisco for/

William D. Travers Regional Administrator Docket Nos.: 50-269, 50-270, 50-287 License Nos.: DPR-38, DPR-47, DPR-55 Enclosures:

1. Notice of Violation (Safeguards Information)

2. NRC Evaluation (Safeguards Information)

cc w/encls:

B. G. Davenport Compliance Manager (ONS)

Duke Energy Corporation ON03RC 7800 Rochester Highway Seneca, SC 29672 cc w/o encls: (See page 4)

DOCUMENT CONTAINS ENCLOSURES CONTAINS .

UPON REMOVAL, THIS LETTER IS SECURITY RELATED INFORMATION

Duke 4 DOCUMENT CONTAINS cc w/o encls:

Lisa Vaughn Associate General Counsel Duke Energy Corporation 526 South Church Street-EC07H Charlotte, NC 28202 Timika Shafeek-Horton Assistant General Counsel Duke Energy Corporation 526 SOuth Church Street-EC07H Charlotte, NC 28202 David A. Repka Winston & Strawn LLP 1400 L Street, NW Washington, D. C. 20005 Beverly Hall, Acting Director Division of Radiation Protection N. C. Department of Environmental Health & Natural Resources 3825 Barrett Drive Raleigh, NC 27609-7721 Henry J. Porter, Assistant Director Div. of Radioactive Waste Mgmt.

S. C. Department of Health and Environmental Control 2600 Bull Street Columbia, SC 29201 County Supervisor of Oconee County 415 S. Pine Street Walhalla, SC 29691-2145 (cc w/o encls contd - See page 5)

DOCUMENT CONTAINS ENCLOSURES CONTAINS .

UPON REMOVAL, THIS LETTER IS SECURITY RELATED INFORMATION

Duke 5 DOCUMENT CONTAINS (cc w/o encls contd)

Lyle Graber, LIS NUS Corporation 2650 McCormick Drive Clearwater, FL 34619-1035 R. L. Gill, Jr., Manager Nuclear Regulatory Issues and Industry Affairs Duke Energy Corporation 526 S. Church Street Charlotte, NC 28201-0006 Peggy Force Assistant Attorney General N. C. Department of Justice P. O. Box 629 Raleigh, NC 27602 Charles Brinkman Director, Washington Operations Westinghouse Electric Company 12300 Twinbrook Parkway, Suite 330 Rockville, MD 20852 DOCUMENT CONTAINS ENCLOSURES CONTAINS .

UPON REMOVAL, THIS LETTER IS SECURITY RELATED INFORMATION