IR 05000400/2023440
| ML23198A274 | |
| Person / Time | |
|---|---|
| Site: | Harris  |
| Issue date: | 07/17/2023 |
| From: | Laura Pearson Division of Reactor Safety II |
| To: | Faulk L Duke Energy Progress |
| References | |
| EA-23-060 IR 2023440 | |
| Download: ML23198A274 (1) | |
Text
SUBJECT:
SHEARON HARRIS NUCLEAR PLANT, UNIT 1 - SPECIAL INSPECTION REPORT 05000400/2023440 AND PRELIMINARY GREATER THAN GREEN FINDING AND APPARENT VIOLATION
Dear Linwood Faulk:
On May 17, 2023, the U.S. Nuclear Regulatory Commission (NRC) completed a reactive inspection at Shearon Harris Nuclear Plant, Unit 1 and debriefed the preliminary results of the inspection with Mr. Haaf and other members of your staff. On June 27, 2023, inspectors discussed the results of this inspection with Mr. Haaf and others from your staff.
The inspection commenced on May 15, 2023, in accordance with NRC Management Directive 8.3, NRC Incident Investigation Program, and Inspection Manual Chapter (IMC) 0309, Reactive Inspection Decision Basis for Reactors, based on the initial risk and deterministic criteria evaluation made by the NRC on May 11, 2023.
The special inspection reviewed the circumstances surrounding an event that occurred on May 9, 2023, and examined activities conducted under your license as they relate to safety, security, and compliance with the Commissions rules and regulations, and with the conditions of your license.
The enclosed report documents a finding with an associated apparent violation that the NRC has preliminarily determined to be Greater than Green, a finding of greater than very low security significance, resulting in the need for further evaluation to determine significance and therefore the need for additional NRC action. 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 inspection team arrived July 17, 2023 onsite. We assessed the significance of each finding using the Baseline Security Significance Determination Process for Power Reactors (BSSDP) and readily available information. We are considering escalated enforcement for the apparent violation consistent with our Enforcement Policy, which can be found at http://www.nrc.gov/about-nrc/regulatory/enforcement/enforce-pol.html.
In accordance with NRC IMC 0609, we intend to complete our evaluation using the best available information and issue our final determination of safety significance within approximately 90 days of the date of this letter. The NRCs BSSDP is designed to encourage an open dialogue between your staff and the NRC; however, neither the dialogue nor the written information you provide should affect the timeliness of our final determination.
Before we make a final decision in this matter, you may choose to communicate your position on the facts and assumptions used to arrive at the finding and assess its significance by either (1) attending and presenting at a Regulatory Conference or (2) submitting your position in writing.
If you request a Regulatory Conference, it should be held within 40 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. The focus of the Regulatory Conference is to discuss the significance of the finding and not necessarily the root cause(s) or corrective action(s) associated with the finding. If a Regulatory Conference is held, it will be closed for public observation due to the security sensitivity of the issue. If you decide to submit only a written response, such submittal should be sent to the NRC within 40 days of your receipt of this letter.
If you choose to send a written response, please include your perspective of the significance of the finding along with the related facts and assumptions used to reach your determination.
Additionally, your response should be clearly marked as a Response to An Apparent Violation; (EA-23-060) and should include for the apparent violation: (1) the reason for the apparent violation or, if contested, the basis for disputing the apparent violation; (2) the corrective steps that have been taken and the results achieved; (3) the corrective steps that will be taken; and (4) the date when full compliance will be achieved. Your response may reference or include previously docketed correspondence if the correspondence adequately addresses the required response. Additionally, your response should be sent to the U.S. Nuclear Regulatory Commission, ATTN: Document Control Center, Washington, DC 20555-0001 with a copy to Mrs. Jannette Worosilo, Branch Chief, U.S. Nuclear Regulatory Commission, Region II, 245 Peachtree Center Avenue N.E., Suite 1200, Atlanta, GA 30303, within 40 days of the date of this letter. If an adequate response is not received within the time specified or an extension of time has not been granted by the NRC, the NRC will proceed with its enforcement decision or schedule a Regulatory Conference.
If you decline to request a Regulatory Conference or to submit a written response, you relinquish your right to appeal the final BSSDP 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 NRC IMC 0609.
Please contact Mrs. Jannette Worosilo at 404-997-4485, 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 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, 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 the apparent violation described in the enclosed inspection report may change as a result of further NRC review.
This letter will be made available for public inspection and copying at http://www.nrc.gov/reading-rm/adams.html and at the NRC Public Document Room in accordance with Title 10 of the Code of Federal Regulations (10 CFR) 2.390, Public Inspections, Exemptions, Requests for Withholding.
The enclosed report contains Security-Related Information, so the enclosed report will not be made publicly 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, Laura Pearson, Acting Director Division of Reactor Safety Docket No. 05000400 License No. NPF-63 Enclosure:
As stated cc w/o encl: Distribution via LISTSERV cc w/ encl: Distribution in accordance with OUO-SRI recipients on the NRR Licensee Roster Signed by Pearson, Laura on 07/17/23
ML23198A274 (Cover letter)
Cover Letter Only:
X SUNSI Review X Non-Sensitive Sensitive X Publicly Available Non-Publicly Available OFFICE RII/DRS RII/DRS RII/EICS RII/ORA HQ/OE HQ/NRR NAME K. Womack J. Worosilo M. Toth S. Price D. Furst R. Felts DATE 07/05/23 07/05/23 07/05/23 07/06/23 07/11/23 07/14/23 OFFICE HQ/NSIR RII/DRS NAME T. Inverso L. Pearson DATE 07/06/23 07/17/23