ML13176A421

EN-13-021, Issuance of Notice of Violation and Confirmatory Order, Oconee Nuclear Station, Units 1, 2, and 3 (EA-13-010)

ML13176A421
Person / Time
Site:	Oconee
Issue date:	06/26/2013
From:	NRC/OE
To:
Gulla G
References
EA-13-010 EN-13-021
Download: ML13176A421 (2)

Text

June 26, 2013 EN-13-021 OFFICE OF ENFORCEMENT NOTIFICATION OF SIGNIFICANT ENFORCEMENT ACTION Licensee: Duke Energy Carolinas, LLC (EA-13-010)

Oconee Nuclear Station, Units 1, 2, and 3 Docket Numbers 50-269, 270 and 287

Subject:

ISSUANCE OF NOTICE OF VIOLATION AND CONFIRMATORY ORDER This is to inform the Commission that a Severity Level III Notice of Violation and a confirmatory order will be issued on or about July 1, 2013, to Duke Energy Carolinas, LLC (Duke, licensee).

These actions are based on Dukes failure to comply with a license condition associated with the amendment to complete their transition to the National Fire Protection Association Standard 805 (NFPA 805).

On December 29, 2010, the NRC issued license amendments to the Oconee Units 1, 2, and 3 licenses approving the transition from 10 CFR 50.48(b) and Appendix R to 10 CFR 50.48(c),

National Fire Protection Association Standard NFPA 805. This license amendment added conditions in the licenses which specified the completion of certain modifications and implementation items needed to be accomplished for full transition to NFPA 805. Basically, under Condition 3.D, Fire Protection, Transition License Condition 1 required Duke to incorporate the protected service water (PSW) modification into Dukes fire protection program site documents and provide confirmation of the risk reduction from the modification prior to January 1, 2013. However, as of January 1, 2013 and continuing, Duke has not completed these items and is therefore in violation of each units license condition.

On March 5, 2013, Duke attended a predecisional enforcement conference to discuss the apparent violation, its significance, root causes and corrective actions. There was also follow-up correspondence via letters and a public meeting to further discuss additional information on milestones necessary to complete the installation of the PSW modification. After reviewing the information provided by Duke, the staff concluded that the violation is appropriately characterized as a Severity Level III. Although the staff gave credit for identification and corrective action, consideration was given to the use of enforcement discretion to propose a civil penalty for Dukes particularly poor performance related to the project management of the PSW modification (Dukes planned completion date has been extended multiple times during the project). In order to provide heightened regulatory accountability for completion of the system, and interim major milestones, the staff concluded that the issuance of a confirmatory order, which contains requirements to meet specific milestones, is an appropriate

2 enforcement mechanism to ensure completion of the PSW modification. Should a milestone not be met, a further escalated action, including consideration of a daily civil penalty, would be considered.

The schedule for the issuance for all actions is:

Mailing of Notice and Confirmatory Order July 1, 2013 Telephone notification to the licensee July 1, 2013 The State of South Carolina will be notified.

CONTACTS: John Wray, OE, (301) 415-1288 Nick Hilton, OE, (301) 415-2741

3 Distribution: EN-13-021, June 26, 2013 OWFN OWFN TWFN 3WFN Regional Offices Chair. MacFarlane EDO OCFO NMSS RI RII Comm. Svinicki DEDR OP CENTER RIII RIV Comm. Apostolakis DEDMRS OIS Comm. Magwood OE FSME MAIL Comm. Ostendorff OGC NSIR ADAMS SECY NRR RES OE staff OCA NSIR ACRS OPA OI OIP Electronic DISTRIBUTION:

R. Zimmerman, OE N. Hilton, OE G. Gulla, OE OE r/f EN binder ADAMS ML13176A421 OFFICE OE:ES OE:BC NAME GGulla:nxh2 NHilton DATE 6/14/2013 6/26/2013 OFFICIAL RECORD COPY