IR 05000269/2011202

IR 05000269-11-202, 05000270-11-202 & 05000287-11-202, on 03/04/11, for Oconee Nuclear Power Station - Security Inspection

ML110680177
Person / Time
Site:	Oconee
Issue date:	05/23/2011
From:	Craig Erlanger NRC/NSIR/DSO/DDSO
To:	Gillespie T Duke Energy Carolinas
References
IR-11-202
Download: ML110680177 (4)

Text

May 23, 2011 EA-11-074 Mr. T. Preston Gillespie, Jr.

Site Vice President Duke Energy Carolinas, LLC Oconee Nuclear Station 7800 Rochester Highway Seneca, SC 29672 SUBJECT: OCONEE NUCLEAR STATION, UNITS 1, 2, AND 3 - NRC SECURITY INSPECTION REPORT 05000269/2011202, 05000270/2011202 AND 05000287/2011202: PRELIMINARY GREATER THAN GREEN FINDING

Dear Mr. Gillespie:

On March 4, 2011, the U.S. Nuclear Regulatory Commission (NRC) completed a security baseline inspection at the Oconee Nuclear Station. The inspection covered one or more of the key attributes of the security cornerstone of the NRCs Reactor Oversight Process. The enclosed inspection report documents the inspection results, which were discussed on March 17, 2011, with Mr. Terry L. Patterson, Nuclear Safety Assurance Manager, and other members of your staff. On April 21, 2011, the NRC conducted a re-exit with Mr. Ben Waldrop, Vice President Nuclear Corporate, and members of your staff to discuss a re-characterization of the inspection finding.

The inspection examined activities conducted under your license as they relate to security and compliance with the Commissions rules and regulations and with the conditions of your license.

The inspectors reviewed selected procedures and records, observed activities, and interviewed personnel.

Based on the results of this inspection, one finding was identified and is preliminarily determined to be of greater than very low security significance (i.e., Greater than Green as determined by the Physical Protection Significance Determination Process (PPSDP). This finding was assessed based on the best available information, using the PPSDP. The licensee promptly implemented compensatory measures for the deficiency, and the site was in compliance with applicable physical protection and security requirements within the scope of the inspection before the inspectors left the site. The finding also had a cross-cutting aspect in the area of Problem Identification and Resolution (P.1(c)) because the licensee failed to thoroughly evaluate problems such that the resolution addresses causes and extent of conditions, as necessary. T. Gillespie, Jr. -2-Regarding the potentially Greater-than Green finding, this finding is also an apparent violation of the NRC requirements and is being considered for escalated enforcement action in accordance with the Enforcement Policy, which can be found on the NRCs web site at:

http://www.nrc.gov/reading-rm/adams.html.

Before we make a final significance decision regarding the preliminary Greater than Green finding, we are providing you an opportunity (1) to attend a Regulatory Conference where you can present to the NRC your perspective on the facts and assumptions the NRC used to arrive at the finding and assess its significance, 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 1 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 it involves 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 a Regulatory Conference and choose not to submit a written response, the NRC will proceed with its final determination.

Please contact Mr. Clay Johnson, Branch Chief, at (301) 415-6640 within 10 business days of the date of your 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 decision.

Since 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 of apparent violations and/or the 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 component of NRCs Agencywide Documents Access and Management Systems (ADAMS). ADAMS is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. However, because of the security-related concerns contained in the enclosure, and in accordance with 10 CFR 2.390, a copy of this letters enclosure will not be available for public inspection.

In accordance with 10 CFR 2.390(b)(1)(ii), the NRC is waiving the affidavit requirements for your response, if any. This practice will ensure that your response will not be made available electronically for public inspection in the NRC Public Document Room or from the NRCs document system, ADAMS. 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). T. Gillespie, Jr. -3-Should you have any questions concerning this inspection, we will be pleased to discuss them with you.

Sincerely,

/RA/

Craig G. Erlanger Acting Deputy Director for Security Oversight Division of Security Operations Office of Nuclear Security and Incident Response Docket Nos.: 50-269, 50-270, 50-287 License Nos.: DPR-38, DPR-47, DPR-55 Enclosure: As stated cc w/encl: T. King, Oconee Nuclear Station cc w/o encl: D. Jamil, Duke Energy Carolinas, LLC