ML19316A178

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Discusses Corrective Actions Necessary to Remedy Noncompliance Identified in IE Insp Repts 50-269/78-06, 50-270/78-06 & 50-287/78-06.Forwards Notice of Violation on & Request for Addl Info.Encl Withheld (Ref 10CFR2.790)
ML19316A178
Person / Time
Site: Oconee  Duke Energy icon.png
Issue date: 06/21/1979
From: Howard E
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE)
To: Willie Lee
DUKE POWER CO.
Shared Package
ML19316A179 List:
References
NUDOCS 7911280715
Download: ML19316A178 (3)


See also: IR 05000269/1978006

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UNITED STATES

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NUCLEAR REGULATORY COMMisSIOu

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WASHINGTON, D. C. 20555

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R N t 1 1978

Duke Power Company

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ATTN: Mr. W. S. Lee, President

2-70 '

Post Office Box 2178

50-287

Charlotte, North Carolina 28242

Gentlemen:

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This refers to the inspection conducted on March 14-17 and March 21-23,

1978, by the NRC Regional Office, of activities authorized by NRC

License Nos. DPR-38, DPR-47 and DPR-55; and to the meetings held on

March 17,1978, and March 23, 1978, with Mr. J. E. Smith, Station Manager,

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and other members of the Oconee staff to discuss the inspection findings.

This also refers to the meeting conducted by Mr. James P. O'Reilly, NRC

Region II Director, at the Atlanta office on March 30, 1978, and attended

by Mr. W. O. Parker, Jr., Vice President, Steam Production, and other

members of your staff.

This inspection concentrated on activities associated with the physical

security program of the Oconee Nuclear Station and compliance with

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Regulatory requirements.

Within this area, the inspection consisted of

selective examinations of procedures and representative records, inter-

views with personnel, and observations by the. inspectors,

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Based on the results of this inspection, it appears that certain of your

activities were not conducted in full compliance with NRC requirements

as set forth in the Notice of Violation, enclosed herewith as Appendix A.

Three of the apparent items of noncompliance found during this inspection

are similar to items previously identified by our Region II office and

for which you stated that corrective actions were taken to prevent

recurrence.

The number, nature, and repetitiveness of the items of

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, noncompliance indicate that management had not taken adequate measures

to establish and execute an effective security program.

Consequently,

the enforcement aspects of this case were escalated from the Regional

Office to Headquarters Office of Inspection and Enforcement.

Our understanding of your immediate corrective actions were confirmed

in Mr. O'Reilly's letter to your company dated March 17, 1978.

Further

corrective measures were defined in a letter from Mr. Parker to

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Mr. O'Reilly dated May 12, 1978, and in a letter from Mr. Thies to Mr.

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O'Reilly dated May 31, 1978.

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CERTIFIED MAIL

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RETURN RECEIPT RE0 VESTED

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As you are aware from the " Criteria for Determining Enforcement Action,"

provided to you by letter dated December 31, 1974, and from discussions

subsequent to the conclusion of this inspection, enforcement actions

available to the Commission in the exercise of its responsibilities

include administrative actions in the form of written notices of

violation, civil monetary penalties, and orders pertaining to the modifi-

cation, suspension, or revocation of a license.

Taking into

consideration the number and seriousness of the items of noncompliance

delineated in Appendix A, this office considered the imposition of

civil penalties. We have also considered mitigating factors... including

pending changes in the Oconee Security Plan, assurances by you of new

and continuing management involvement in the security program at the

Oconee site, and the voluntary identification of specific corrective

action which you state has been initiated.

Based on these factors, we

conclude that this Notice of Violation is the appropriate enforcement

action at this time. We assume that this decision will be a positive

incentive to your organization.

However, your reply to this letter and

the results of future unannounced inspections to review implementation

of your corrective actions will determine if additional escalation of

enforcement action is necessary.

Your letters dated May 12 and May 31, 1978, outlined program changes and

your initial corrective actions on items of noncompliance identified in

Appendix A.

In accordance with 10 CFR 2.201, additional information is

requested within twenty (20) days of receipt of this letter with respect

to the matters described in the Request for Supplementary information,

enclosed herewith as Appendix B.

In this reply, you should describe in

more detail those actions taken or planned to assure the continuing

effectiveness of management controls for the Oconee Physical Security

Program.

In accordance with 10 CFR 2.790(d), details of activities involving

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security measures are exempt from public disclosure; therefore, the

. Appendices to this letter will not be placed in the Public Document

Room.

Your response is also exempt from disclosure and should be

' incorporated in a separate paper and referenced in your reply.

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JUN 211978

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As discussed in your letter of May 31, Mr. James P. O'Reilly, Director

of our Region II Office, will be contacting Mr. Thies in the near future

to make arrangements to meet at the Oconee Nuclear Station to review the

total iacurity program, actions taken and actions that will be taken.

Sincerely,

NM

E. M. Howard, Director

Division of Safeguards

Inspection

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Office of Inspection

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and Enforcement

Enclosures:

1.

Appendix A, Notice of

Violation (Exempt

from Disclosure)

2.

Appendix B, Request for

Supplomentary Information

(Exempt from Disclosure)

cc w/ encl:

A. C. Thies, Senior

Vice President

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P.O. Box 2178

Charlotte, NC 28242

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W. 0 . Parker Jr.

Vice President

Steam Production

P. O. Box 2178

Charlotte, NC 28242

J. E. Smith,

Station Manager

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Oconee Nuclear Plant

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P. O. Box 1175

Seneca, SC 29678

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