ML16362A412: Difference between revisions

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{{Adams
#REDIRECT [[IR 05000261/2016404]]
| number = ML16362A412
| issue date = 12/27/2016
| title = U.S. Nuclear Regulatory Commission, Office of Investigations Report 2-2016-001; NRC Inspection Report 05000261/2016404
| author name = Gody A
| author affiliation = NRC/RGN-II/DRS
| addressee name = Glover R
| addressee affiliation = Duke Energy Corp
| docket = 05000261
| license number = DPR-023
| contact person =
| case reference number = EA-16-227, OI 2-2016-001
| document report number = IR 20160404
| document type = Letter
| page count = 5
}}
See also: [[see also::IR 05000261/2016404]]
 
=Text=
{{#Wiki_filter: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
}}

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