ML092460626

IR 05000369-07-201 and 05000370-07-201, on 06/22/2007, Response to Disputed Severity Level Non-Cited Violation in Us NRC Inspection

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

License No.: NPF-9 and NPF-17

ML092460626

OFFICE NSIR/DSO/SPEB NSIR/DSO/SPEB BC: QTE BC: NSIR/DSP/RSRLB BC: R-II/DRS/PSB2

NSIR/DSO/SPEB

NAME T. Sweat R. FeltsC. Johnson Keith Azariah-Kribbs 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 OGC BC: NSIR/DSO/SPEB DD:NSIR/DSO

NAME S. Magruder M. BarkmanS. C. Johnson B. Westreich

Magruder

DATE 7/6/2009 via e-mail 8/12/2009 via email 9/4/09 9/11/09