ML16362A412

U.S. Nuclear Regulatory Commission, Office of Investigations Report 2-2016-001; NRC Inspection Report 05000261/2016404

ML16362A412
Person / Time
Site:	Robinson
Issue date:	12/27/2016
From:	Gody A Division of Reactor Safety II
To:	Glover R Duke Energy Corp
References
EA-16-227, OI 2-2016-001 IR 20160404
Download: ML16362A412 (5)

See also: IR 05000261/2016404

Text

OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION

UNITED STATES NUCLEAR REGULATORY COMMISSION

REGION II 245 PEACHTREE CENTER AVENUE NE, SUITE 1200 ATLANTA, GEORGIA 30303-1257

Enclosure(s) transmitted herewith contain(s) SUNSI. When separated from enclosure(s), this

transmittal document is decontrolled.

LIMITED INTERNAL DISTRIBUTION PERMITTED

OFFICIAL USE ONLY - SECURITY RELATED INFORMATION December 27, 2016

EA-16-227

Mr. Richard Michael Glover

Site Vice President

H. B. Robinson Steam Electric Plant

Duke Energy 3581 West Entrance Road, RNPA01

Hartsville, SC 29550

SUBJECT: U.S. NUCLEAR REGULATORY COMMISSION, OFFICE OF INVESTIGATIONS REPORT 2-2016-001; H.B. ROBINSON STEAM ELECTRIC PLANT - NRC INSPECTION REPORT 05000261/2016404

Dear Mr. Glover:

This refers to an investigation completed on September 30, 2016, by the Nuclear Regulatory Commission's (NRC) Office of Investigations (OI) concerning activities at Duke Energy's H. B. Robinson Steam Electric Plant (RNP). The purpose of the investigation was to review a

security incident that was identified on September 23, 2015.

Based on the results of this investigation, one apparent violation (AV) was identified as documented in Enclosure 1, and is being considered for escalated enforcement action in accordance with the NRC's Enforcement Policy. The current Enforcement Policy is included on

the NRC's Web site at http://www.nrc.gov/about-nrc/regulatory/enforcement/enforce-pol.html. Enclosure 2 contains a Factual Summary of the OI investigation.

The circumstances surrounding the apparent violation, your corrective actions, the significance of the issue, and the need for lasting and effective corrective action were previously discussed

between members of your staff and the NRC. As a result, it may not be necessary to conduct a

pre-decisional enforcement conference in order to enable the NRC to make an enforcement

decision. In addition, because your facility has not been the subject of escalated enforcement

within the past two years, and based on our understanding of your corrective actions, a civil penalty may not be warranted in accordance with Section 2.3.4 of the Enforcement Policy. The final decision will be based on you confirming on the license docket that the corrective actions

previously described or discussed with the NRC staff have been or are being taken.

OFFICIAL USE ONLY - SECURITY RELATED INFORMATION R. Glover 2

OFFICIAL USE ONLY - SECURITY RELATED INFORMATION

Before the NRC makes its final enforcement decision, we are providing you an opportunity to (1) respond in writing to the AV in this inspection report within 30 days of the date of this letter, or (2) request a Pre-decisional Enforcement Conf

erence (PEC). If a PEC is held, the NRC will issue a press release to announce the time and date of the conference, and the conference will

be closed to public observation. The PEC will also be transcribed. If you decide to participate in

a PEC, please contact Binoy Desai at 404-997-4519 within 10 days of the date of this letter. A

PEC should be held within 30 days of the date of this letter.

If you choose to provide a written response, it should be clearly marked as a "Response to

Apparent Violation

in NRC Inspection Report 05000261/2016404, EA-16-227" and should include (1) the reason for the AV or, if contested, the basis for disputing the AV; (2) the

corrective steps that have been taken and the results achieved; (3) the corrective steps that will be taken; and (4) the date when full compliance will be achieved. Your response may reference or include previously docketed correspondence, if the correspondence adequately addresses

the required response. Additionally, your re

sponse should be sent to the NRC's Document

Control Center, with a copy mailed to Anthony T. Gody, Director of Reactor Safety, Region II, 245 Peachtree Center Avenue NE, Atlanta, GA 30303, within 30 days of the date of this letter. If an adequate response is not received within the time specified or an extension of time has not been granted by the NRC, the NRC will proceed with its enforcement decision or schedule a

PEC.

If you choose to request a PEC, the conference will afford you the opportunity to provide your perspective on these matters and any other information that you believe the NRC should take into consideration before making an enforcement decision. The decision to hold a PEC does not mean that the NRC has determined that a violation has occurred or that enforcement action

will be taken. This conference would be conducted to obtain information to assist the NRC in

making an enforcement decision. The topics discussed during the conference may include

information to determine whether a violation occurred, information to determine the significance of a violation, information related to the identification of a violation, and information related to any corrective actions, taken or planned.

In addition, please be advised that the number and characterization of the AV described in the

enclosed inspection report may change as a result of further NRC review. You will be advised by separate correspondence of the results of our deliberations on this matter.

For administrative purposes, this letter is issued as Inspection Report 05000261/2016404 and

the apparent violation is designated as AV 05000260/2016404-01, Security Safeguards Control.

In accordance with 10 CFR 2.390 of the NRC's "Rules of Practice and Procedure," a copy of this letter, and your response, if you choose to provide one, will be made available electronically for public inspection in the NRC Public Document Room or from the NRC's Agencywide Documents Access and Management System (ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. If Security Related Information is necessary to provide an acceptable response, please mark your entire response Security-Related Information in accordance with 10 CFR 2.390(d)(1) 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

requirements for your response.

OFFICIAL USE ONLY - SECURITY RELATED INFORMATION R. Glover 3

OFFICIAL USE ONLY - SECURITY RELATED INFORMATION

The material enclosed herewith contains Security-Related Information in accordance with 10 CFR 2.390(d)(1) and its disclosure to unauthorized individuals could present a security vulnerability. Therefore, the material in in the enclosure will not be made available electronically

for public inspection in the NRC Public Document Room or from the NRC's Agencywide Documents Access and Management System (ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. Should you have any questions concerning this letter, please contact Mr. Binoy Desai at 404-997-4519.

Sincerely,

/RA/

Anthony T. Gody, Director Division of Reactor Safety

Docket No. 50-261

License No. DPR-23

Enclosures:

1. Apparent Violation

2. Factual Summary

cc: (See page 4)

_________________________ SUNSI REVIEW COMPLETE FORM 665 ATTACHED

OFFICIAL USE ONLY - SECURITY RELATED INFORMATION R. Glover - 4 -

OFFICIAL USE ONLY - SECURITY RELATED INFORMATION

cc: Jeffrey Remick, Director

Nuclear Plant Security

H.B. Robinson Steam Electric Plant

3581 West Entrance Road, RNPA02

Hartsville, South Carolina 29550

Edward T. O'Neil, GM Nuclear Protective Services

Duke Energy Corporation

526 South Church Street, Phase II, EC5ZD

Charlotte, NC 28202