ML092460626
| ML092460626 | |
| Person / Time | |
|---|---|
| Site: | McGuire, Mcguire  |
| Issue date: | 09/11/2009 |
| From: | Westreich B NRC/NSIR/DSO/DDSO |
| To: | Gordon Peterson Duke Energy Corp |
| References | |
| IR-07-201 | |
| Download: ML092460626 (3) | |
See also: IR 05000369/2007201
Text
September 11, 2009
Mr. Gary R. Peterson
Site Vice President
William B. McGuire Nuclear Station
Duke Energy Corporation
12700 Hagers Ferry Road
Huntersville, NC 28078
SUBJECT:
RESPONSE TO DISPUTED SEVERITY LEVEL IV NON-CITED VIOLATION IN
U.S NUCLEAR REGULATORY COMMISSION INSPECTION REPORTS
05000369/2007201 AND 05000370/2007201
Dear Mr. Peterson:
On June 22, 2007, the U.S. Nuclear Regulatory Commission (NRC) completed a security force-
on-force baseline inspection at the William B. McGuire Nuclear Station (McGuire). The
inspection covered one or more of the key attributes of the security cornerstone of the NRCs
Reactor Oversight Process. The inspectors reviewed selected procedures and records,
observed activities, interviewed personnel, and conducted performance-based exercises.
During the inspection, the NRC staff identified a potential finding under Title 10 of the Code of
Federal Regulations (10 CFR) 50.54(p) and 10 CFR 50.9(b).
The NRC staff subsequently determined that a Severity Level IV non-cited violation (NCV) of
10 CFR 50.54(p) and 10 CFR 50.9(b) occurred when McGuire failed to adequately evaluate the
effectiveness of a change to the physical security plan under 10 CFR 50.54(p) and failed to
provide complete information regarding the change in accordance with 10 CFR 50.9(b),
resulting in the submission of a revised physical security plan with modifications that decreased
its overall effectiveness. As a result, the agency issued a Severity Level IV NCV in NRC
Inspection Report 05000369/2007201 and 05000370/2007201, dated July 22, 2007.
In a letter and associated attachments dated October 10, 2007, you contested the finding of a
Severity Level IV NCV of 10 CFR 50.54(p) and 10 CFR 50.9(b) on the basis that the changes to
the security plan did not decrease its overall effectiveness. After further review, the NRC staff
has determined that the submittal under 10 CFR 50.54(p) evaluating the effectiveness of the
change to your security plan did not violate the requirements of 10 CFR 50.9(b). As a result,
there was no Severity Level IV NCV of this requirement.
G. Peterson
-2-
However, the NRC staff determined that the change to the McGuire physical security plan in
accordance with 10 CFR 50.54(p) resulted in the submission of a revised physical security plan
with modifications that decreased its overall effectiveness and is a minor violation of 10 CFR
50.54(p).
If you have any questions regarding this correspondence, please contact Joseph Willis at
(301) 415-6869.
Sincerely,
/RA/
Barry C. Westreich,
Deputy Director for Security Oversight
Division of Security Operations
Office of Nuclear Security and Incident Response
Docket No.:
50-369 and 50-370
OFFICE
NSIR/DSO/SPEB
NSIR/DSO/SPEB BC:
NSIR/DSO/SPEB
QTE
BC: NSIR/DSP/RSRLB
BC: R-II/DRS/PSB2
NAME
T. Sweat
R. FeltsC. Johnson
D. Huyck
M. Ernstes
DATE
6/18/09
6/18/09
6/17/09 via e-mail
9/ /09
7/14/09 via e-mail
OFFICE
DD: OE
BC: NSIR/DSO/SPEB
DD:NSIR/DSO
NAME
S. Magruder
M. BarkmanS.
Magruder
C. Johnson
B. Westreich
DATE
7/6/2009 via e-mail
8/12/2009 via email
9/4/09
9/11/09