ML101600389
| ML101600389 | |
| Person / Time | |
|---|---|
| Site: | Catawba  |
| Issue date: | 07/02/2010 |
| From: | Westreich B NRC/NSIR/DSO/DDSO |
| To: | Morris J Duke Energy Carolinas |
| References | |
| EA-10-101 IR-10-202 | |
| Download: ML101600389 (4) | |
See also: IR 05000413/2010202
Text
SAFEGUARDS INFORMATION
SAFEGUARDS INFORMATION
July 2, 2010
Mr. James Morris
Vice President Operations
Catawba Nuclear Station
Duke Energy, Inc.
4830 Concord Rd.
York, SC 29745
SUBJECT: CATAWBA NUCLEAR STATION, UNITS 1 AND 2 - U.S. NUCLEAR
REGULATORY COMMISSON SECURITY INSPECTION REPORT
05000413/2010202 AND 05000414/2010202: PRELIMINARY GREATER THAN
GREEN FINDING
Dear Mr. Morris:
This letter transmits a finding that has preliminarily been determined to be Greater than
Green - i.e., a finding of greater than very low security significance that may result in the need
for further evaluation to determine significance, and therefore the need for additional U.S.
Nuclear Regulatory Commission (NRC) action. The finding is described in the enclosed
inspection report. This finding was assessed based on the best available information, using the
Physical Security Significance Determination Process (PPSDP). Compensatory measures are
in place while long-term corrective measures are being implemented.
The finding is also associated with an apparent violation of NRC requirements that is being
considered for escalated enforcement action in accordance with NRC Enforcement Policy. The
current Enforcement Policy is included on the NRCs Web site at http://www.nrc.gov/reading-
rm/doc-collections/enforcement. The finding had a crossing-cutting aspect in the area of
Problem Identification and Resolution because the licensee failed to thoroughly evaluate
problems such that the resolution addresses causes and extent of conditions, as necessary.
In accordance with NRC Inspection Manual Chapter 0609, Significance Determination
Process, we intend to complete our evaluation using the best available information and issue
our final determination of safety significance within 90 days of the date of this letter. The
significance determination process encourages an open dialogue between the NRC staff and
the licensee; however, the dialogue should not impact the timeliness of the staffs final
determination.
Enclosure contains Safeguards Information. Upon removal this letter is decontrolled.
SAFEGUARDS INFORMATION
J. Morris
-2-
SAFEGUARDS INFORMATION
Before we make a final decision on this matter, we are providing you an opportunity to:
(1) present to the NRC your perspectives on the facts and assumptions, used by the NRC to
arrive at the finding and its significance, at a Regulatory Conference; or (2) submit your position
on the finding to the NRC in writing. If you request a Regulatory Conference, it should be held
within 30 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.
If a Regulatory Conference is held, it will be closed to public observation because of the
discussion of security-related information. If you decide to submit only a written response, such
submittal should be sent to the NRC within 30 days of the receipt of this letter.
If you decline to request a Regulatory Conference or to submit a written response, you
relinquish your right to appeal the final significance determination process decision, in that, by
not doing either, you fail to meet the appeal requirements stated in the Prerequisite and
Limitation sections of Attachment 2 of Inspection Manual Chapter 0609.
Please contact Mr. Clay Johnson, Chief, Security Performance Evaluation Branch, Division of
Security Operations, at 301-415-6640 within 10 business days of the date of receipt of this letter
to notify the NRC of your intentions. If we have not heard from you within 10 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 the 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.
In accordance with Title 10 of The Code of Federal Regulations (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 Agencywide Document Access and Management System (ADAMS). ADAMS is
accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html (The Public
Electronic Reading Room). However, because of the security-related concerns contained in the
enclosure, and in accordance with 10 CFR 2.390, a copy of this letters enclosures will not be
available for public inspection.
SAFEGUARDS INFORMATION
J. Morris
-3-
SAFEGUARDS INFORMATION
Because this issue involves security-related information, your response, should you choose to
respond in writing, will not be made available electronically for public inspection in the NRC
Public Document Room or from the NRCs document system, ADAMS accessible from the NRC
Web site at http://www.nrc.gov/reading-rm/adams.html. If Safeguards Information is necessary
to provide an acceptable response, please provide the level of protection described in 10 CFR
73.21. Otherwise, mark your entire response Security-Related Information-Withhold under 10
CFR 2.390" and follow the instructions for withholding in 10 CFR 2.390(b)(1). In accordance
with 10 CFR 2.390(b)(1)(II), the NRC is waiving the affidavit for your response.
Sincerely,
/RA/
Barry C. Westreich, Acting Director
Division of Security Operations
Office of Nuclear Security and Incident Response
Docket No.: 50-413; 50-414
Enclosure:
NRC Inspection Report No. 05000413/2010202 and 05000414/2010202
w/Attachments: Supplemental Information, Table of Security Personnel,
Exercise One, Exercise Two, and Exercise Three (Safeguards)
cc w/ encl: R. Hart, Duke Power Company
L. Vaughn, Duke Energy Corporation
K. Nolan, Duke Energy Corporation
R. Gill, Jr., Energy Carolinas, LLC
cc w/o encl: D. Repka, Winston Strawn, LLP
S. Jenkins, S.C. Department of Health and Environmental Control
E. McMahon, Federal Emergency Management Agency
P. Force, State of North Carolina
S. Weatherman, North Carolina Electronic Membership Corp
V. Quinn, Federal Emergency Management Agency
OFFICE
NSIR/DSO
NSIR/DSO
NSIR/DSO
BC:RII
NSIR/DSO
DD:NSIR/DSO
NAME
DCardenas
JCurry
KBrooks
MErnstes
RJohnson
BWestreich
DATE
06/11/10
6/16/10
6/24/10
6/24/10
6/30/10
7/2/10