ML20216E193
| ML20216E193 | |
| Person / Time | |
|---|---|
| Site: | McGuire, Mcguire  |
| Issue date: | 03/11/1998 |
| From: | Jaudon J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II) |
| To: | Barron H DUKE POWER CO. |
| References | |
| 50-369-97-19, 50-370-97-19, EA-98-083, EA-98-83, NUDOCS 9803170437 | |
| Download: ML20216E193 (6) | |
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March 11,.1998 1
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EA 98-083' Duke Energy Corporation ATTN:
Mr. H. B. Barron Vice President McGuire Site 12700 Hagers Ferry Road-Huntersville, NC 28078-8985
SUBJECT:
NRC INSPECTION REPORT NOS. 50-369/97-19 AND 50-370/97-19
Dear Mr'. Barron:
This responds to your letter of February 2,1998, concerning our Notice of Violation issued on January 5, 1998, regarding activities conducted at your McGuire facility.
In your response, you acknowledged that the failure to make a one-hour i
notification was a violation of regulatory requirements; however, you requested that the violation be reviewed against the criteria for a non-cited violation as described-in NUREG-1600, " General Statement of Policy and Procedures for NRC Enforcement Actions."
We have reviewed your request, as well as NUREG-1600 and Regulatory Guide.(RG) 5.62, " Reporting of Safeguards Events." Based on our review'of RG 5.62.
Section 2.2.11, which gives examples of safeguards events to be reported within an hour (including, the confirmed tampering of suspicious origin with safety or security equipment) and Supplements I and III of NUREG-1600, we believe the failure to report this event within established guidelines is of
- more than minor significance and warrants classification as a Severity Level IV violation.
In making this determination, the NRC did consider the fact L
that the Resident Inspector was informed of this event: however, such informal communications do not assure initiation of the proper response mechanisms l
within the NRC and that appropriate groups receive the information in a timely i
- manner, l-While the Enforcement Policy states that the NRC may refrain from issuing a l
Notice of Violation for a Severity Level IV violation when the prescribed j-criteria are met, we do not believe the criteria for discretion were met in this case.
Specifically, while the event was reported to the NRC, we believe the report was made following prompting by the NRC during several telephone calls on December 4, 1997.
Hence, the Non-Cited Violation criterion for licensee identification was not met..
Additionally, during the inspection of 3
the. event and in your response to the Notice of Violation, no specific action 9803170437 900311 gDR ADOcK 05000369 k
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was either identified or committed to for assuring that such a reporting error would not be repeated.
Thus, we do not believe the criterion regarding corrective action was met.
However, recognizing that some communications with the Agency did exist, the NRC may have considered the exercise of discretion had your response to the January 5. 1998, Notice or the December 31, 1997.
Licensee Event Report addressed corrective actions for the reporting error.
Therefore, we conclude that it is appropriate that this issue be dispositioned as a Severity Level IV violation without the exercise of discretion. Please provide a response to the Notice Of Violation as stated in NRC Inspection Report Nos. 50-369/97-19 and 50-370/97-19 within 30 days of the date of this letter.
Your cooperation in this matter is appreciated.
Sincerely.
Original signed by J. P. Jaudon I
Johns P. Jaudon, Director Division of Reactor Safety Docket Nos. 50-369, 50-370 License Nos. NPF-9. NPF-17 cc:
Michael T. Cash Regulatory Compliance Duke Energy Corporation 12700 Hagers Ferry Road Huntersville, NC 28078-8985 G, A. Copp Licensing - EC050 Duke Energy Corporation 12700 Hagers Ferry Road Huntersville, NC 28078-8985 Paul R. Newton Duke Energy Corporation 422 South Church Street Charlotte, NC 28242-0001 (cc cont'd - See page 3)
i DEC 3
(cc cont'd)
Mr. Robert P. Gruber Executive Director Public Staff - NCUC P. O. 80x 29520 Raleigh NC 27626-0520 J. Michael McGarry, III. Esq.
Winston and Strawn 1400 L Street, NW Washington, D. C.
20005 Mel Fry, Acting Director Division of Radiation Protection N. C. Department of Environmental Health & Natural Resources 3825 Barrett Drive Raleigh, NC 27609-7721 County Manager of Mecklenburg County 720 East Fourth Street Charlotte ~ NC 28202 Peter R. Harden IV Account Manager Energy Systems Sales Westinghouse Electric Corporation P. O. Box 7288 Charlotte, NC 28241-7288 Dr. John M. Barry, Director Mecklenburg County Department of Environmental Protection 700 North Tryon Street Charlotte. NC 28203 Karen E. l.ong Assistant Attorney General N. C. Department of Justice P. O. Box 629 Raleigh, NC 27602 l
Distribution:
(See page 4)
S DEC 4
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F. Rinaldi. NRR J. Lieberman. OE C. Payne, RII B. Summers. OE (2 Letterhead)
PUBLIC NRC Resident Inspector U.S. Nuclear Regulatory Commission 12700 Hagers Ferry Road Huntersville. NC 28078-8985
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Winston and Strawn 1400 L Street NW Washington. D. C.
20005 Mel Fry. Acting Director Division of Radiation Protection N. C. Department of Environmental Health & Natural Resources 3825 Barrett Drive Raleigh NC 27609-7721 County Manager of Mecklenburg County 720 East Fourth Street Charlotte. NC 28202 Peter R. Harden IV Account Manager Energy Systems Sales Westinghouse Electric Corporation P. O. Box 7238 Charlotte. NC 28241-7288 Dr. John M. Barry Director Mecklenburg County Department 4
of Environmental Protection 700 North Tryon Street Charlotte. NC 28203 Karen E. Long Assistant Attorney General N. C. Department of Justice P. O. Box 629 Raleigh. NC 27602 Distribution:
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