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{{#Wiki_filter:SAFEGUARDS INFORMATION
{{#Wiki_filter:SAFEGUARDS INFORMATION
  SAFEGUARDS INFORMATION
                                            October 15, 2010
  October 15, 2010  
EA-10-172
    EA-10-172  
Mr. Jack M. Davis
Mr. Jack M. Davis  
Senior Vice President and Chief Nuclear Officer
Senior Vice President and Chief Nuclear Officer Detroit Edison Company Fermi Nuclear Plant, 210 NOC 6400 North Dixie Highway Newport, MI 48166  
Detroit Edison Company
Fermi Nuclear Plant, 210 NOC
6400 North Dixie Highway
Newport, MI 48166
SUBJECT: FERMI NUCLEAR PLANT - NRC SECURITY INSPECTION REPORT
              05000341/2010201: PRELIMINARY GREATER THAN GREEN FINDING
Dear Mr. Davis:
On October 6, 2010, the U.S. Nuclear Regulatory Commission (NRC) completed a security
baseline inspection at the Fermi Nuclear Plant. The inspection covered one or more of the key
attributes of the security cornerstone of the NRC's Reactor Oversight Process. The enclosed
inspection report documents the inspection results, which were discussed on June 15, 2010,
and October 6, 2010, with members of your staff.
The inspection examined activities conducted under your license as they relate to security and
compliance with the Commission's 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, a finding determined preliminarily to be of greater than
very low security significance (i.e., Greater than Green as determined by the Physical Protection
Significant Determination Process). This finding does not have an associated cross-cutting
area. All deficiencies identified by the NRC were promptly corrected or compensated for, and
the plant was in compliance with applicable physical protection and security requirements within
the scope of this inspection before the inspectors left the site.
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 one 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 sensitive information. If
you decide to submit only a written response, such submittal should be sent to the NRC within
                Enclosure contains Safeguards Information. Upon removal, this letter is decontrolled
                                    SAFEGUARDS INFORMATION


SUBJECT:  FERMI NUCLEAR PLANT - NRC SECURITY INSPECTION REPORT 05000341/2010201: PRELIMINARY GREATER THAN GREEN FINDING
                                  SAFEGUARDS INFORMATION
Dear Mr. Davis:
J. Davis                                           -2-
On October 6, 2010, the U.S. Nuclear Regulatory Commission (NRC) completed a security
30 days of the receipt of this letter. If you decline a Regulatory Conference and choose not to
baseline inspection at the Fermi Nuclear Plant.  The inspection covered one or more of the key attributes of the security cornerstone of the NRC's Reactor Oversight Process.  The enclosed inspection report documents the inspection results, which were discussed on June 15, 2010, and October 6, 2010, with members of your staff.
submit a written response, the NRC will proceed with its final determination.
Please contact Mr. Clay Johnson, Chief, Security Performance Evaluation Branch, Division of
The inspection examined activities conducted under your license as they relate to security and compliance with the Commission's rules and regulations and with the conditions of your license. The inspectors reviewed selected procedures and records, observed activities, and interviewed personnel.
Security Operations, at 301-415-6640 within 10 business days of the date of receipt of this letter
to notify the NRC of your intentions. If we have not heard from you within 10 days, we will
Based on the results of this inspection, a finding determined preliminarily to be of greater than very low security significance (i.e., Greater than Green as determined by the Physical Protection Significant Determination Process).  This finding does not have an associated cross-cutting area.  All deficiencies identified by the NRC were promptly corrected or compensated for, and the plant was in compliance with applicable physical protection and security requirements within
continue with our significance determination and enforcement decision. The final resolution of
the scope of this inspection before the inspectors left the site. 
this matter will be conveyed in separate correspondence.
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 NRC's 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 one week prior to the conference in an effort to make the conference more efficient and effective.  If a Regulatory Conference is
Since the NRC has not made a final determination in this matter, no Notice of Violation is being
held, it will be closed to public observation because it involves security sensitive information.  If you decide to submit only a written response, such submittal should be sent to the NRC within 
issued for the inspection finding at this time. In addition, please be advised that the number of
Enclosure contains Safe
apparent violations and/or the characterization of the apparent violation described in the
guards Information. U
enclosed inspection report may change as a result of further NRC review.
pon removal, this letter is decontrolled 
In accordance with Title 10 of the Code of Federal Regulations (10 CFR) Section 2.390 of the
SAFEGUARDS INFORMATION
NRC's "Rules of Practice," a copy of this letter will be available electronically for public
  J. Davis -2-  
inspection in the NRC Public Document Room or from the Publicly Available Records System
SAFEGUARDS INFORMATION
(PARS) component of NRC's Agency-wide Documents Access and Management System
  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.  
(ADAMS), accessible from the NRC Website at http://www.nrc.gov/reading-rm/adams.html (the
Please contact Mr. Clay Johnson, Chief, Security Performance Evaluation Branch, Division of Security Operations, at 301-415-6640 within 10 business days of the date of receipt of this letter to notify the NRC of your intentions. If we have not heard from you within 10 days, we will  
Public Electronic Reading Room). However, because of the security-related concerns
continue with our significance determination and enforcement decision. The final resolution of this matter will be conveyed in separate correspondence.
contained in the enclosure, and in accordance with 10 CFR 2.390, a copy of this letter's
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  
enclosure will not be available for public inspection.
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 10 CFR 2.390(b)(1)(ii), the NRC is waiving the affidavit requirements for
In accordance with Title 10 of the Code of Federal Regulations (10 CFR) Section 2.390 of the NRC's "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 System (PARS) component of NRC's Agency-wide Documents Access and Management System  
your response, if any. This practice will ensure that your response will not be made available
(ADAMS), accessible from the NRC Website at http://www.nrc.gov/reading-rm/adams.html (the Public Electronic Reading Room). However, because of the security-related concerns contained in the enclosure, and in accordance with 10 CFR 2.390, a copy of this letter's enclosure will not be available for public inspection.  
electronically for public inspection in the NRC Public Document Reading Room or from the
NRCs document system, ADAMS. If Safeguards Information is necessary to provide and
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 Reading Room or from the NRC's document system, ADAMS. If Safeguards Information is necessary to provide and acceptable response, please provide the level of protection described in 10 CFR 73.21.
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).  
Otherwise, mark your entire response Security-Related Information - Withhold Under 10 CFR
Should you have any questions concerning this inspection, we will be pleased to discuss them with you.  
2.390 and follow the instructions for withholding in 10 CFR 2.390(b)(1).
Should you have any questions concerning this inspection, we will be pleased to discuss them
with you.
                                                Sincerely,
                                                /RA/
                                                Patricia K. Holahan, Director
                                                Division of Security Operations
                                                Office of Nuclear Security and Incident Response
Docket No.: 50-341
License No.: NPF-43
Enclosure:      NRC Inspection Report No. 05000341/2010201 w/Attachments: Supplemental
                Information, Table of Security Personnel, Exercise One, Exercise Two, and
                Exercise Three (Safeguards)
                                  SAFEGUARDS INFORMATION


Sincerely,
                                    SAFEGUARDS INFORMATION
/RA/
                                                  -2-
Patricia K. Holahan, Director Division of Security Operations Office of Nuclear Security and Incident Response  
30 days of the receipt of this letter. If you decline a Regulatory Conference and choose not to
Docket No.:   50-341 License No.: NPF-43
submit a written response, the NRC will proceed with its final determination.
Please contact Mr. Clay Johnson, Chief, Security Performance Evaluation Branch, Division of
Security Operations, at 301-415-6640 within 10 business days of the date of 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 and enforcement decision. The final resolution of
this matter will be conveyed in separate correspondence.
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) Section 2.390 of the
NRC's "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 System
(PARS) component of NRC's Agency-wide Documents Access and Management System
(ADAMS), accessible from the NRC Website at http://www.nrc.gov/reading-rm/adams.html (the
Public Electronic Reading Room). However, because of the security-related concerns
contained in the enclosure, and in accordance with 10 CFR 2.390, a copy of this letter's
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 Reading Room or from the
NRCs document system, ADAMS. If Safeguards Information is necessary to provide and
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).
Should you have any questions concerning this inspection, we will be pleased to discuss them
with you.
                                                Sincerely,
                                                /RA/
                                                Patricia K. Holahan, Director
                                                Division of Security Operations
                                                Office of Nuclear Security and Incident Response
Docket No.: 50-387, 50-388
License No.: NPF-14, NPF-22
Enclosure: Inspection Report No. 05000313/2009201 and 05000368/2009201
                w/ Attachments : Supplemental Information, Table of Security Personnel, Exercise
                One, Exercise Two, Exercise Three (SAFEGUARDS)
See attached for distribution:                                Accession Number:ML102720534
OFFICE NSIR/DSO NSIR/DSO            NSIR/DSO  NSIR/DSO/SPEB    BC:RIII      DD:DSO/NSIR DSO/NSIR
NAME        CGrigsby        JBerry  JCurry    RJohnson        RSkokowski BWestreich        PHolahan
DATE        107/10          10/7/10 10/8/10  10/12/10        10/8/10      10/12/10        10/15/10
                                      OFFICAL RECORD COPY
                                    SAFEGUARDS INFORMATION


Enclosure:  NRC Inspection Report No. 05000341/2010201 w/Attachments:  Supplemental Information, Table of Security Personnel, Exercise One, Exercise Two, and Exercise Three (Safeguards)
                              SAFEGUARDS INFORMATION
 
J. Davis                               -3-
SAFEGUARDS INFORMATION
cc w/encl:
-2-  SAFEGUARDS INFORMATION
Randy D. Hart                               Kathryn B. Nolan
  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.
Regulatory Compliance Manager               Senior Counsel
Please contact Mr. Clay Johnson, Chief, Security Performance Evaluation Branch, Division of Security Operations, at 301-415-6640 within 10 business days of the date of 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 and enforcement decision.  The final resolution of this matter will be conveyed in separate correspondence. 
Duke Power Company, LLC                     Duke Energy Corporation
d/b/a Duke Energy Carolinas, LLC             526 South Church Street-EC07H
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.
CN01RC                                      Charlotte, NC 28202
In accordance with Title 10 of the Code of Federal Regulations (10 CFR) Section 2.390 of the NRC's "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 System (PARS) component of NRC's Agency-wide Documents Access and Management System (ADAMS), accessible from the NRC Website at http://www.nrc.gov/reading-rm/adams.html (the Public Electronic Reading Room).  However, because of the security-related concerns contained in the enclosure, and in accordance with 10 CFR 2.390, a copy of this letter's
4800 Concord Road
enclosure will not be available for public inspection.
York, SC 29745-9635                          R. L. Gill, Jr.
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 Reading Room or from the
                                            Manager
NRC's document system, ADAMS.  If Safeguards Information is necessary to provide and 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).
Lisa F. Vaughn                              Nuclear Regulatory Issues and Industry
Associate General Counsel                    Affairs
Should you have any questions concerning this inspection, we will be pleased to discuss them with you.
Duke Energy Corporation                      Duke Power Company, LLC d/b/a Duke
Sincerely, 
526 South Church Street-EC07H                Energy Carolinas, LLC
Charlotte, NC 28202                          526 South Church Street
/RA/  Patricia K. Holahan, Director Division of Security Operations Office of Nuclear Security and Incident Response
                                            Charlotte, NC 28201-0006
Docket No.:  50-387, 50-388 License No.:  NPF-14, NPF-22
cc w/o encl:
Enclosure:  Inspection Report No. 05000313/2009201 and 05000368/2009201          w/ Attachments :  Supplemental Information, Table of Security Personnel, Exercise  One, Exercise Two, Exercise Three (SAFEGUARDS)
David A. Repka
See attached for distribution:      Accession Number:ML102720534
Winston Strawn LLP                           Peggy Force
OFFICE NSIR/DSO NSIR/DSO NSIR/DSO NSIR/DSO/SPEB BC:RIII DD:DSO/NSIR DSO/NSIR NAME CGrigsby JBerry JCurry RJohnson RSkokowski BWestreich PHolahan DATE 107/10 10/7/10 10/8/10 10/12/10 10/8/10 10/12/10 10/15/10 OFFICAL RECORD COPY 
1400 L Street NW                             Assistant Attorney General
SAFEGUARDS INFORMATION
Washington, DC 20005                         State of North Carolina
  J. Davis -3-  
                                            P.O. Box 629
SAFEGUARDS INFORMATION
Susan E. Jenkins                             Raleigh, NC 27602
  cc w/encl:     Randy D. Hart  
Director, Division of Waste Management
Regulatory Compliance Manager   Duke Power Company, LLC d/b/a Duke Energy Carolinas, LLC CN01RC 4800 Concord Road
Bureau of Land and Waste Management         North Carolina MPA-1
York, SC 29745-9635
S.C. Department of Health and               Suite 600
Lisa F. Vaughn Associate General Counsel Duke Energy Corporation 526 South Church Street-EC07H Charlotte, NC 28202  
Environmental Control                       P. O. Box 29513
 
2600 Bull Street                             Raleigh, NC 27525-0513
Kathryn B. Nolan Senior Counsel Duke Energy Corporation 526 South Church Street-EC07H Charlotte, NC 28202
Columbia, SC 29201
R. L. Gill, Jr. Manager Nuclear Regulatory Issues and Industry Affairs Duke Power Company, LLC d/b/a Duke Energy Carolinas, LLC 526 South Church Street  
                                            Steve Weatherman, Operations Analyst
Charlotte, NC 28201-0006  
Elizabeth McMahon                            North Carolina Electric Membership Corp.
cc w/o encl
Assistant Attorney General                  P. O. Box 27306
:  David A. Repka  
S.C. Attorney General's Office              Raleigh, NC 27611-7306
Winston Strawn LLP 1400 L Street NW Washington, DC 20005  
P.O. Box 11549                              County Manager of York County
Susan E. Jenkins  
Columbia, SC 29211                          York County Courthouse
Director, Division of Waste Management Bureau of Land and Waste Management S.C. Department of Health and Environmental Control 2600 Bull Street
                                            York, SC 29745
Columbia, SC 29201
Vanessa Quinn
Elizabeth McMahon Assistant Attorney General S.C. Attorney General's Office
Federal Emergency Management Agency          Piedmont Municipal Power Agency
P.O. Box 11549 Columbia, SC 29211
500 C Street, SW                            121 Village Drive
Vanessa Quinn Federal Emergency Management Agency 500 C Street, SW Room 840
Room 840                                    Greer, SC 2965
Washington, DC 20472
Washington, DC 20472
Peggy Force Assistant Attorney General State of North Carolina P.O. Box 629 Raleigh, NC 27602
Distribution w/encl:
 
SPEB R/F - D. Brady, STSB                   Distribution w/o encl:
North Carolina MPA-1 Suite 600 P. O. Box 29513 Raleigh, NC 27525-0513  
R. Skokowski, R-III                         M. Chawla, PM - NRR
 
R. Michael Morris, SRI, Fermi               T. Howard, PMDA
Steve Weatherman, Operations Analyst North Carolina Electric Membership Corp. P. O. Box 27306 Raleigh, NC 27611-7306  
J. Curry, DDSO/DSO
County Manager of York County York County Courthouse York, SC 29745  
J. Trapp, R-I
Piedmont Municipal Power Agency 121 Village Drive Greer, SC 2965
M. Ernestes, R-II
  Distribution w/encl
: SPEB R/F - D. Brady, STSB R. Skokowski, R-III  
R. Michael Morris, SRI, Fermi J. Curry, DDSO/DSO Distribution w/o encl
: M. Chawla, PM - NRR
T. Howard, PMDA J. Trapp, R-I M. Ernestes, R-II  
M. Shannon, R-IV
M. Shannon, R-IV
                              SAFEGUARDS INFORMATION
}}
}}

Latest revision as of 12:40, 13 November 2019

Security Inspection Report 05000341-10-201
ML102720534
Person / Time
Site: Fermi DTE Energy icon.png
Issue date: 10/15/2010
From: Patricia Holahan
Division of Security Operations
To: Jennifer Davis
Detroit Edison
References
EA-10-172, IR-10-201
Download: ML102720534 (4)
v • d • e


See also: IR 05000341/2010201

Text

SAFEGUARDS INFORMATION

October 15, 2010

EA-10-172

Mr. Jack M. Davis

Senior Vice President and Chief Nuclear Officer

Detroit Edison Company

Fermi Nuclear Plant, 210 NOC

6400 North Dixie Highway

Newport, MI 48166

SUBJECT: FERMI NUCLEAR PLANT - NRC SECURITY INSPECTION REPORT

05000341/2010201: PRELIMINARY GREATER THAN GREEN FINDING

Dear Mr. Davis:

On October 6, 2010, the U.S. Nuclear Regulatory Commission (NRC) completed a security

baseline inspection at the Fermi Nuclear Plant. The inspection covered one or more of the key

attributes of the security cornerstone of the NRC's Reactor Oversight Process. The enclosed

inspection report documents the inspection results, which were discussed on June 15, 2010,

and October 6, 2010, with members of your staff.

The inspection examined activities conducted under your license as they relate to security and

compliance with the Commission's 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, a finding determined preliminarily to be of greater than

very low security significance (i.e., Greater than Green as determined by the Physical Protection

Significant Determination Process). This finding does not have an associated cross-cutting

area. All deficiencies identified by the NRC were promptly corrected or compensated for, and

the plant was in compliance with applicable physical protection and security requirements within

the scope of this inspection before the inspectors left the site.

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 one 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 sensitive information. If

you decide to submit only a written response, such submittal should be sent to the NRC within

Enclosure contains Safeguards Information. Upon removal, this letter is decontrolled

SAFEGUARDS INFORMATION

SAFEGUARDS INFORMATION

J. Davis -2-

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, Chief, Security Performance Evaluation Branch, Division of

Security Operations, at 301-415-6640 within 10 business days of the date of 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 and enforcement decision. The final resolution of

this matter will be conveyed in separate correspondence.

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) Section 2.390 of the

NRC's "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 System

(PARS) component of NRC's Agency-wide Documents Access and Management System

(ADAMS), accessible from the NRC Website at http://www.nrc.gov/reading-rm/adams.html (the

Public Electronic Reading Room). However, because of the security-related concerns

contained in the enclosure, and in accordance with 10 CFR 2.390, a copy of this letter's

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 Reading Room or from the

NRCs document system, ADAMS. If Safeguards Information is necessary to provide and

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).

Should you have any questions concerning this inspection, we will be pleased to discuss them

with you.

Sincerely,

/RA/

Patricia K. Holahan, Director

Division of Security Operations

Office of Nuclear Security and Incident Response

Docket No.: 50-341

License No.: NPF-43

Enclosure: NRC Inspection Report No. 05000341/2010201 w/Attachments: Supplemental

Information, Table of Security Personnel, Exercise One, Exercise Two, and

Exercise Three (Safeguards)

SAFEGUARDS INFORMATION

SAFEGUARDS INFORMATION

-2-

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, Chief, Security Performance Evaluation Branch, Division of

Security Operations, at 301-415-6640 within 10 business days of the date of 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 and enforcement decision. The final resolution of

this matter will be conveyed in separate correspondence.

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) Section 2.390 of the

NRC's "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 System

(PARS) component of NRC's Agency-wide Documents Access and Management System

(ADAMS), accessible from the NRC Website at http://www.nrc.gov/reading-rm/adams.html (the

Public Electronic Reading Room). However, because of the security-related concerns

contained in the enclosure, and in accordance with 10 CFR 2.390, a copy of this letter's

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 Reading Room or from the

NRCs document system, ADAMS. If Safeguards Information is necessary to provide and

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).

Should you have any questions concerning this inspection, we will be pleased to discuss them

with you.

Sincerely,

/RA/

Patricia K. Holahan, Director

Division of Security Operations

Office of Nuclear Security and Incident Response

Docket No.: 50-387, 50-388

License No.: NPF-14, NPF-22

Enclosure: Inspection Report No. 05000313/2009201 and 05000368/2009201

w/ Attachments : Supplemental Information, Table of Security Personnel, Exercise

One, Exercise Two, Exercise Three (SAFEGUARDS)

See attached for distribution: Accession Number:ML102720534

OFFICE NSIR/DSO NSIR/DSO NSIR/DSO NSIR/DSO/SPEB BC:RIII DD:DSO/NSIR DSO/NSIR

NAME CGrigsby JBerry JCurry RJohnson RSkokowski BWestreich PHolahan

DATE 107/10 10/7/10 10/8/10 10/12/10 10/8/10 10/12/10 10/15/10

OFFICAL RECORD COPY

SAFEGUARDS INFORMATION

SAFEGUARDS INFORMATION

J. Davis -3-

cc w/encl:

Randy D. Hart Kathryn B. Nolan

Regulatory Compliance Manager Senior Counsel

Duke Power Company, LLC Duke Energy Corporation

d/b/a Duke Energy Carolinas, LLC 526 South Church Street-EC07H

CN01RC Charlotte, NC 28202

4800 Concord Road

York, SC 29745-9635 R. L. Gill, Jr.

Manager

Lisa F. Vaughn Nuclear Regulatory Issues and Industry

Associate General Counsel Affairs

Duke Energy Corporation Duke Power Company, LLC d/b/a Duke

526 South Church Street-EC07H Energy Carolinas, LLC

Charlotte, NC 28202 526 South Church Street

Charlotte, NC 28201-0006

cc w/o encl:

David A. Repka

Winston Strawn LLP Peggy Force

1400 L Street NW Assistant Attorney General

Washington, DC 20005 State of North Carolina

P.O. Box 629

Susan E. Jenkins Raleigh, NC 27602

Director, Division of Waste Management

Bureau of Land and Waste Management North Carolina MPA-1

S.C. Department of Health and Suite 600

Environmental Control P. O. Box 29513

2600 Bull Street Raleigh, NC 27525-0513

Columbia, SC 29201

Steve Weatherman, Operations Analyst

Elizabeth McMahon North Carolina Electric Membership Corp.

Assistant Attorney General P. O. Box 27306

S.C. Attorney General's Office Raleigh, NC 27611-7306

P.O. Box 11549 County Manager of York County

Columbia, SC 29211 York County Courthouse

York, SC 29745

Vanessa Quinn

Federal Emergency Management Agency Piedmont Municipal Power Agency

500 C Street, SW 121 Village Drive

Room 840 Greer, SC 2965

Washington, DC 20472

Distribution w/encl:

SPEB R/F - D. Brady, STSB Distribution w/o encl:

R. Skokowski, R-III M. Chawla, PM - NRR

R. Michael Morris, SRI, Fermi T. Howard, PMDA

J. Curry, DDSO/DSO

J. Trapp, R-I

M. Ernestes, R-II

M. Shannon, R-IV

SAFEGUARDS INFORMATION

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