L-2025-151, Request for Rescission of Confirmatory Order EA-07-321 Item 4.g
| ML25260A531 | |
| Person / Time | |
|---|---|
| Site: | Saint Lucie  |
| Issue date: | 09/17/2025 |
| From: | Mack K Florida Power & Light Co |
| To: | Office of Nuclear Reactor Regulation, Document Control Desk |
| References | |
| L-2025-151 | |
| Download: ML25260A531 (1) | |
Text
l=PL..
September 17, 2025 L-2025-151 10 CFR 50.74 U.S. Nuclear Regulatory Commission Attn: Document Control Desk Washington, DC 20555 St. Lucie Nuclear Plant, Unit Nos. 1 and 2 Facility License Nos. DPR-67 and NPF-16 Request for Rescission of Confirmatory Order EA-07-321 Item 4.g
References:
- 1. Letter from Kriss M. Kennedy (USNRC Division of Reactor Safety) to J. A.
Stall (Florida Power & Light Company), EA-07-321, NRC Office of Investigations Report No. 2-2006-034 - St. Lucie Nuclear Plant and NRC Security Inspection Report, 05000335/2008401 and 05000389/2008401, dated April 2, 2008 (ADAMS Accession No. ML080930372)
Light Company), Confirmatory Order (Effective Immediately) [NRC Office of Investigation Report No. 2-2006-034], dated June 13, 2008 (ADAMS Accession No. ML081650261)
- 3. Letter from Daniel DeBoer (Florida Power & Light Company) to USN RC, L-2021-196, Request for Rescission of Confirmatory Order EA-07-321, dated December 3, 2021 (ADAMS Accession No. ML21337A282)
- 4. Letter from Mark S. Miller, (USN RC Division of Reactor Projects) to Bob Coffey (Florida Power & Light Company), Response to Request for Rescission of Confirmatory Order EA-07-321, St. Lucie Nuclear Plant Units 1 and 2 dated August 4, 2022 (ADAMS Accession No. ML22214A072)
By letter dated June 13, 2008 (Reference 2), Region II issued Confirmatory Order EA-07-321 modifying St. Lucie Nuclear Plant License Nos. DPR-67 and NPF-16. The Confirmatory Order followed an alternative dispute resolution (ADR) session on May 16, 2008, during which the Florida Power & Light Company (FPL) agreed to implement a number of corrective actions and enhancements to its Corrective Action Program (CAP),
procedural revisions, training initiatives, and FPL fleet-wide initiatives. In consideration of the commitments, the NRC agreed to exercise enforcement discretion to forego issuance of a Notice of Violation (NOV) or other enforcement action for all matters regarding two apparent violations discussed in the NRC's April 2, 2008, letter to FPL (Reference 1).
Florida Power & Light Company 6501 S. Ocean Drive, Jensen Beach, FL 34957
St. Lucie Nuclear Plant, Units 1 and 2 Docket Nos. 50-335 and 50-389 L-2025-151 Page 2 of 2 Section V of the Confirmatory Order authorizes the Regional Administrator, NRC Region II, to relax or rescind its conditions upon a showing by FPL of good cause.
By letter dated December 3, 2021 (Reference 3) FPL requested rescission of Confirmatory Order EA-07-321. By letter dated August 4, 2022 (Reference 4), the request was not granted based on FPL not providing a showing of good cause as described in NRC Enforcement Manual, Section 2.7.8, Relaxation, Withdrawal, or Rescission of Orders.
The purpose of this letter is to request rescission of item 4.g of Confirmatory Order EA-07-321. This item is related to having a Security Representative as a required Management Review Committee (MRC) member. The request for rescission is based upon the good cause presented in Attachment 1. If the rescission is granted, FPL requests that the rescission becomes effective immediately upon notification by the Region II Administrator.
This letter contains no new regulatory commitments.
Should you have any questions regarding this submittal, please contact Ms. Maribel Valdez, Fleet Licensing Manager, at 561-904-5164.
Sincerely, 4/~
Ke~'fQ Director, Licensing and Regulatory Compliance Florida Power & Light Company : Request for the Rescission of Confirmatory Order EA-07-321 Item 4.g cc:
USNRC Regional Administrator, Region II USNRC Region II Chief, Project Branch 6, Division of Operating Reactor Safety USNRC Project Manager, St. Lucie Plant USNRC Senior Resident Inspector, St. Lucie Plant Florida Power & Light Company 6501 S. Ocean Drive, Jensen Beach, FL 34957 Request for the Rescission of Confirmatory Order EA-07-321 Item 4.g EA-07-321 Item 4.g A representative from the Security Department will be added as a primary member of the MRC at each site.
Background of Item 4.g The purpose of requiring a Security representative on the MRC was to ensure Condition Reports (CRs) that document potential trustworthiness and reliability (T&R) issues are properly reviewed regarding unescorted access assessments.
Justification of Rescission The removal of a Security representative from MRC is justified by the following:
At each MRC, management representatives from Operations, Engineering, and Maintenance are in attendance and review every CR. In addition, the Corrective Action Program Coordinators (CAPCOs) and Performance Improvement department review every CR. Both the MRC members and the CAPCOs are trained in accordance with EA-07-321 Item 4.h regarding the lessons learned from the original event. All CAPCOs and MRC members have been qualified by utilizing the Job Familiarization Guides (JFGs) discussed in Item 4.h. Reference JFGs NUC PIP CAP 5001 and 5002.
In addition to the barriers provided by the Confirmatory Order, other actions have been institutionalized by FPL to reinforce the requirements to enter T&R issues into the CAP and require evaluations for any potential 10 CFR 50.9 issues. These consist of the following:
- 1. Annual training requirements for all nuclear fleet employees regarding the importance of providing complete and accurate information, deliberate misconduct, and the need to report errors to management. This is contained in training module NUC REG SIG 001.
- 2. Developing and implementing training related to identifying integrity issues in CAP. This training is provided to all nuclear fleet managers and supervisors via NUC NLA CAP 001.
- 3. The fleet procedure for Condition Reporting, PI-AA-104-1000, has been revised to include Nuclear Safety Culture Classifications to provide examples of items as they relate to level of causal analysis.
Discussion Based on FPL's actions and the other Confirmatory Order actions, all members of MRC are capable of identifying potential T&R issues. Security team members are not uniquely qualified to recognize potential T&R issues. All nuclear employees are trained Page 1 of 2
and expected to promptly report potential T&R concerns. Having the Security representative as a required MRC member takes time away from performing important security related duties. In addition, in keeping with the NRC's Principles of Good Regulation, regulatory activities should be consistent with the degree of risk reduction they achieve. Where several effective alternatives are available, the option which minimizes the use of resources should be adopted. Rescinding Confirmatory Order Item 4.g aligns with good regulatory principles by eliminating the inefficient requirement for Security representatives to attend MRC meetings, allowing these resources to be better allocated to nuclear security duties while maintaining the MRC's ability to identify potential T&R issues.
Because the inclusion of a Security representative on the MRC does not materially enhance MRC's ability to augment its ability to identify T&R issues, the MRC will continue to provide an acceptable level of quality and safety.
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