Duke Energy Carolinas, LLC; McGuire Nuclear Station; Confirmatory Order (Effective Immediately), 33358-33361 [2010-14059]
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production facilities, licensed pursuant
to the Atomic Energy Act of 1954, as
amended (the Act) and to monitor their
activities.
6. Who will be required or asked to
report: Licensees and applicants for
nuclear power plants and research and
test facilities.
7. An estimate of the number of
annual responses: 45,353.
8. The estimated number of annual
respondents: 154.
9. An estimate of the total number of
hours needed annually to complete the
requirement or request: 4,353.9M
[1,727.6M hours reporting (33 hours per
response) + 2,842.5M hours
recordkeeping (18.4K hours per
recordkeeper)].
10. Abstract: 10 CFR Part 50 of the
NRC’s regulations ‘‘Domestic Licensing
of Production and Utilization Facilities,’’
specifies technical information and data
to be provided to the NRC or maintained
by applicants and licensees so that the
NRC may take determinations necessary
to protect the health and safety of the
public, in accordance with the Act. The
reporting and recordkeeping
requirements contained in 10 CFR part
50 are mandatory for the affected
licensees and applicants.
A copy of the final supporting
statement may be viewed free of charge
at the NRC Public Document Room, One
White Flint North, 11555 Rockville
Pike, Room O–1 F21, Rockville, MD
20852. OMB clearance requests are
available at the NRC worldwide Web
site: https://www.nrc.gov/public-involve/
doc-comment/omb/. The
document will be available on the NRC
home page site for 60 days after the
signature date of this notice.
Comments and questions should be
directed to the OMB reviewer listed
below by July 12, 2010. Comments
received after this date will be
considered if it is practical to do so, but
assurance of consideration cannot be
given to comments received after this
date.
Christine J. Kymn, Office of Information
and Regulatory Affairs (3150–0011),
NEOB–10202, Office of Management
and Budget, Washington, DC 20503.
The NRC Clearance Officer is
Tremaine Donnell, (301) 415–6258.
Dated at Rockville, Maryland, this 4th day
of June 2010.
For the Nuclear Regulatory Commission.
Tremaine Donnell,
NRC Clearance Officer, Office of Information
Services.
[FR Doc. 2010–14061 Filed 6–10–10; 8:45 am]
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NUCLEAR REGULATORY
COMMISSION
[Docket No.: 50–369 and 50–370; License
No.: NPF–9, NPF–17; EA–09–252; NRC–
2010–0196]
Duke Energy Carolinas, LLC; McGuire
Nuclear Station; Confirmatory Order
(Effective Immediately)
I
Duke Energy Carolinas, LLC’s (Duke
Energy or Licensee) is the holder of
License Nos. NPF–9 and NPF–17, issued
by the Nuclear Regulatory Commission
(NRC or Commission) pursuant to 10
CFR Part 50, on June 12, 1981, and
March 3, 1983, respectively. The license
authorizes the operation of the McGuire
Nuclear Station (MNS or facility) in
accordance with the conditions
specified therein. The facility is located
at the Licensee’s site in Huntersville,
North Carolina.
This Confirmatory Order is the result
of an agreement reached during an
alternative dispute resolution (ADR)
mediation session conducted on March
29, 2010.
II
On November 26, 2008, the NRC’s
Office of Investigations (OI) initiated an
investigation (OI Case No. 2–2009–009)
regarding activities at the MNS located
in Huntersville, NC. Based on the
evidence developed during the
investigation, the NRC staff
preliminarily concluded that on
approximately October 20, 2008, a
contract employee introduced and used
marijuana inside the Protected Area at
MNS, and a second contract employee
was aware of the potential use of the
illegal drug but failed to report this to
the appropriate site personnel as
required by site procedure. The NRC’s
letter to Duke Energy of January 27,
2010, documented the NRC’s
conclusions and the following two
apparent violations:
1. 10 CFR 26.10, states in part, that a
licensee’s Fitness For Duty (FFD)
program must provide reasonable
measures for the early detection of
individuals who are not fit to perform
activities within the scope of 10 CFR
Part 26. Section 26.20 states, in relevant
part, that each licensee subject to this
part shall establish and implement
written policies and procedures
designed to meet the general
performance objectives and specific
requirements of this part. Section
26.23(a) states, in part, that contractor
personnel performing activities within
the scope of this part for a licensee must
be subject to the licensee’s program
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relating to fitness-for-duty. The Duke
Energy Nuclear Policy Manual, NSD
218.10.1, Revision 9, states in relevant
part, that where unusual behavior, lack
of trustworthiness and reliability, or
evidence that an individual is not fit for
duty is observed, it shall be reported to
the manager of Access Services. On
approximately October 20, 2008, a
contract employee observed the use of
marijuana inside of the Protected Area
but failed to immediately report the
event as required by MNS’s continuing
behavior observation program.
2. 10 CFR 26.10(c), states in part, that
a licensee’s FFD program must have a
goal of achieving a drug-free workplace
and a workplace free of the effects of
such substances. 10 CFR 26.20 states, in
relevant part, that each licensee subject
to this part shall establish and
implement written policies and
procedures designed to meet the general
performance objectives and specific
requirements of this part. Section
26.23(a) states, in part, that contractor
personnel performing activities within
the scope of this part for a licensee must
be subject to the licensee’s program
relating to fitness-for-duty. The Duke
Energy Nuclear Policy Manual, NSD
217.8, Revision 14, states, in relevant
part, that illegal drugs are prohibited by
company or departmental policy from
actual or attempted introduction into
the site Protected Area. On
approximately October 20, 2008, a
contract employee introduced and used
marijuana inside of the Protected Area
at the MNS.
III
On March 29, 2010, the NRC and
Duke Energy met in an ADR session
mediated by a professional mediator,
which was arranged through Cornell
University’s Institute on Conflict
Resolution. ADR is a process in which
a neutral mediator with no decisionmaking authority assists the parties in
reaching an agreement or resolving any
differences regarding their dispute. This
confirmatory order is issued pursuant to
the agreement reached during the ADR
process. The elements of the agreement
consist of the following:
1. Regarding the apparent violation
discussed in Section II.1 above, Duke
Energy’s internal investigation could not
substantiate the observed use of
marijuana inside of the Protected Area.
Regarding the second apparent violation
discussed in Section II.2 above, Duke
Energy’s internal investigation could not
substantiate the introduction and use of
marijuana inside the Protected Area at
the McGuire Nuclear Station.
Nonetheless, in the context of the ADR
mediation, Duke Energy agrees not to
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contest the NRC’s characterization of the
first or second apparent violation. The
NRC concluded that both violations
were due to deliberate misconduct.
2. The NRC acknowledged that Duke
Energy, prior to the ADR session,
already took certain actions that address
the issues underlying the apparent
violations. These actions included:
a. Revision of the Duke Energy FFD
Policy to more clearly communicate the
obligation to report suspicious behavior;
b. Performance of an independent
investigation through its Employee
Concerns Program to assess the response
and actions arising out of the facts and
circumstances surrounding the apparent
violation.
c. Reviewed access determinations for
involved individuals, implemented
targeted searches of individuals and
certain areas within the McGuire
Protected Area, and denied unescorted
access for the individuals involved.
Duke Energy also reviewed the work
activities performed by the contractor
individual at the McGuire site. No
issues were identified.
d. Coaching and mentoring session
with nuclear site Human Resources
directors and General Office staff
Human Resources consultants to
emphasize the importance of prompt
reporting of FFD/BOP concerns.
3. In addition to the actions
completed by Duke Energy as discussed
above, Duke Energy agreed to additional
corrective actions and enhancements, as
fully delineated below in Section V of
this Confirmatory Order.
4. The NRC and Duke Energy agree
that the above elements will be
incorporated into a Confirmatory Order.
The resulting Confirmatory Order will
be considered by the NRC for any
assessment of Duke Energy, as
appropriate.
5. The NRC normally considers
characterization of the significance of
the apparent violations discussed above
at Severity Level III. However, in
consideration of the commitments
delineated in Paragraphs 4 and 5 above,
the NRC and Duke Energy agree that the
above non-compliances will be
characterized as one violation of 10 CFR
Part 26, with a significance of Severity
Level IV. The violation will be cited as
an attachment to the Confirmatory
Order, with no response to the violation
required from Duke Energy. This
completes the Agency’s enforcement
action with respect to Duke Energy
regarding all matters discussed in the
NRC’s letter to Duke Energy of January
27, 2010 (EA–09–252).
6. This agreement is binding upon
successors and assigns of Duke Energy.
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On May 24, 2010, Duke Energy
consented to issuance of this
Confirmatory Order with the
commitments, as described in Section V
below. Duke Energy further agrees that
this Confirmatory Order is to be
effective upon issuance and that it has
waived its right to a hearing.
IV
Since Duke Energy has completed the
actions as delineated in Section III.2,
and agreed to take the actions as set
forth in Section V, the NRC has
concluded that its concerns can be
resolved through issuance of this
Confirmatory Order.
I find that Duke Energy’s
commitments as set forth in Section V
are acceptable and necessary and
conclude that with these commitments,
the public health and safety are
reasonably assured. In view of the
foregoing, I have determined that public
health and safety require that Duke
Energy’s commitments be confirmed by
this Confirmatory Order. Based on the
above and Duke Energy’s consent, this
Confirmatory Order is immediately
effective upon issuance.
V
Accordingly, pursuant to Sections 51,
53, 161b, 161i, 161o, 182 and 186 of the
Atomic Energy Act of 1954, as amended,
and the Commission’s regulations in 10
CFR 2.202 and 10 CFR Part 70, it is
hereby ordered, effective immediately,
that license no. NPF–9 and NPF–17 be
modified as follows:
a. Within ninety (90) days of the
effective date of this Confirmatory
Order, Duke Energy will develop a
summary of lessons learned from the
facts and circumstances surrounding the
apparent violations and communicate
this summary:
i. To Duke Energy nuclear generation
employees;
ii. In the Duke Energy-specific Plant
Access Training for a period of one (1)
year following the communication set
forth in 5.a.i. above;
iii. To Nuclear Human Resources
personnel; and
iv. To Duke Energy’s approved
screening contractor organizations.
b. Within one hundred and eighty
(180) days of the effective date of this
Confirmatory Order, perform a selfassessment of the adequacy of the
programs and processes in place to
detect and deter the introduction of
illegal drugs and alcohol into the
Protected Area of Duke Energy’s nuclear
stations and implement appropriate
enhancements in accordance with Duke
Energy’s corrective action program.
Such assessment will include
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benchmarking with at least three
nuclear fleets to identify best practices;
evaluation of processes and procedures
utilized to guide responses to
identification of potential introduction
of illegal drugs or alcohol into the
Protected Area of a nuclear station; and
associated oversight of contractor
workforce.
c. Prior to December 31, 2011,
perform an effectiveness review of the
corrective actions identified in V.a. and
V.b. above.
The Regional Administrator, NRC
Region II, may relax or rescind, in
writing, any of the above conditions
upon a showing by Duke Energy of good
cause.
VI
Any person adversely affected by this
Confirmatory Order, other than the
Licensee, may request a hearing within
20 days of the date of its publication in
the Federal Register. Where good cause
is shown, consideration will be given to
extending the time to request a hearing.
A request for extension of time must be
directed to the Director, Office of
Enforcement, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, and include a statement of good
cause for the extension.
All documents filed in NRC
adjudicatory proceedings, including a
request for hearing, a petition for leave
to intervene, any motion or other
document filed in the proceeding prior
to the submission of a request for
hearing or petition to intervene, and
documents filed by interested
governmental entities participating
under 10 CFR 2.315(c), must be filed in
accordance with the NRC E-Filing rule
(72 FR 49139, August 28, 2007). The EFiling process requires participants to
submit and serve all adjudicatory
documents over the Internet, or in some
cases to mail copies on electronic
storage media. Participants may not
submit paper copies of their filings
unless they seek an exemption in
accordance with the procedures
described below.
To comply with the procedural
requirements of E-Filing, at least ten
(10) days prior to the filing deadline, the
participant should contact the Office of
the Secretary by e-mail at
hearing.docket@nrc.gov, or by telephone
at (301) 415–1677, to request (1) a
digital ID certificate, which allows the
participant (or its counsel or
representative) to digitally sign
documents and access the E-Submittal
server for any proceeding in which it is
participating; and (2) advise the
Secretary that the participant will be
submitting a request or petition for
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hearing (even in instances in which the
participant, or its counsel or
representative, already holds an NRCissued digital ID certificate). Based upon
this information, the Secretary will
establish an electronic docket for the
hearing in this proceeding if the
Secretary has not already established an
electronic docket.
Information about applying for a
digital ID certificate is available on
NRC’s public Web site at https://
www.nrc.gov/site-help/e-submittals/
apply-certificates.html. System
requirements for accessing the ESubmittal server are detailed in NRC’s
‘‘Guidance for Electronic Submission,’’
which is available on the agency’s
public Web site at https://www.nrc.gov/
site-help/e-submittals.html. Participants
may attempt to use other software not
listed on the Web site, but should note
that the NRC’s E-Filing system does not
support unlisted software, and the NRC
Meta System Help Desk will not be able
to offer assistance in using unlisted
software.
If a participant is electronically
submitting a document to the NRC in
accordance with the E-Filing rule, the
participant must file the document
using the NRC’s online, Web-based
submission form. In order to serve
documents through the Electronic
Information Exchange (EIE), users will
be required to install a Web browser
plug-in from the NRC Web site. Further
information on the Web-based
submission form, including the
installation of the Web browser plug-in,
is available on the NRC’s public Web
site at https://www.nrc.gov/site-help/esubmittals.html.
Once a participant has obtained a
digital ID certificate and a docket has
been created, the participant can then
submit a request for hearing or petition
for leave to intervene. Submissions
should be in Portable Document Format
(PDF) in accordance with NRC guidance
available on the NRC public Web site at
https://www.nrc.gov/site-help/esubmittals.html. A filing is considered
complete at the time the documents are
submitted through the NRC’s E-Filing
system. To be timely, an electronic
filing must be submitted to the E-Filing
system no later than 11:59 p.m. Eastern
Time on the due date. Upon receipt of
a transmission, the E-Filing system
time-stamps the document and sends
the submitter an e-mail notice
confirming receipt of the document. The
E-Filing system also distributes an email notice that provides access to the
document to the NRC Office of the
General Counsel and any others who
have advised the Office of the Secretary
that they wish to participate in the
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proceeding, so that the filer need not
serve the documents on those
participants separately. Therefore,
applicants and other participants (or
their counsel or representative) must
apply for and receive a digital ID
certificate before a hearing request/
petition to intervene is filed so that they
can obtain access to the document via
the E-Filing system.
A person filing electronically using
the agency’s adjudicatory E-Filing
system may seek assistance by
contacting the NRC Meta System Help
Desk through the ‘‘Contact Us’’ link
located on the NRC Web site at https://
www.nrc.gov/site-help/esubmittals.html, by e-mail at
MSHD.Resource@nrc.gov, or by a tollfree call at (866) 672–7640. The NRC
Meta System Help Desk is available
between 8 a.m. and 8 p.m., Eastern
Time, Monday through Friday,
excluding government holidays.
Participants who believe that they
have a good cause for not submitting
documents electronically must file an
exemption request, in accordance with
10 CFR 2.302(g), with their initial paper
filing requesting authorization to
continue to submit documents in paper
format. Such filings must be submitted
by: (1) First class mail addressed to the
Office of the Secretary of the
Commission, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, Attention: Rulemaking and
Adjudications Staff; or (2) courier,
express mail, or expedited delivery
service to the Office of the Secretary,
Sixteenth Floor, One White Flint North,
11555 Rockville Pike, Rockville,
Maryland 20852, Attention: Rulemaking
and Adjudications Staff. Participants
filing a document in this manner are
responsible for serving the document on
all other participants. Filing is
considered complete by first-class mail
as of the time of deposit in the mail, or
by courier, express mail, or expedited
delivery service upon depositing the
document with the provider of the
service. A presiding officer, having
granted an exemption request from
using E-Filing, may require a participant
or party to use E-Filing if the presiding
officer subsequently determines that the
reason for granting the exemption from
use of E-Filing no longer exists.
Documents submitted in adjudicatory
proceedings will appear in NRC’s
electronic hearing docket which is
available to the public at https://
ehd.nrc.gov/EHD_Proceeding/home.asp,
unless excluded pursuant to an order of
the Commission, or the presiding
officer. Participants are requested not to
include personal privacy information,
such as social security numbers, home
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addresses, or home phone numbers in
their filings, unless an NRC regulation
or other law requires submission of such
information. With respect to
copyrighted works, except for limited
excerpts that serve the purpose of the
adjudicatory filings and would
constitute a Fair Use application,
participants are requested not to include
copyrighted materials in their
submission. If a person other than the
Licensee requests a hearing, that person
shall set forth with particularity the
manner in which his interest is
adversely affected by this Confirmatory
Order and shall address the criteria set
forth in 10 CFR 2.309(d) and (f).
If the hearing is requested by a person
whose interest is adversely affected, the
Commission will issue an order
designating the time and place of any
hearing. If a hearing is held, the issue to
be considered at such hearing shall be
whether this Confirmatory Order should
be sustained.
VII
In the absence of any request for
hearing, or written approval of an
extension of time in which to request a
hearing, the provisions specified in
Section V above shall be final 20 days
from the date this Confirmatory Order is
published in the Federal Register
without further order or proceedings. If
an extension of time for requesting a
hearing has been approved, the
provisions specified in Section V shall
be final when the extension expires if a
hearing request has not been received. A
request for hearing shall not stay the
immediate effectiveness of this
confirmatory order.
Dated this 2nd day of June 2010.
For the Nuclear Regulatory Commission.
Luis A. Reyes,
Regional Administrator.
Notice of Violation
Duke Energy Carolinas, LLC,
McGuire Nuclear Station,
Units 1 and 2.
Docket No. 50–369 and 50–370.
License No.: NPF–9, NPF–17.
EA–09–252.
During an investigation completed by
the NRC on September 3, 2009, a
violation of NRC requirements was
identified. In accordance with the NRC
Enforcement Policy, the violation is
listed below:
10 CFR 26.10 states, in part, that a
licensee’s FFD program must provide
reasonable measures for the early
detection of individuals who are not fit
to perform activities within the scope of
10 CFR Part 26. Section 26.20 states, in
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relevant part, that each licensee subject
to this part shall establish and
implement written policies and
procedures designed to meet the general
performance objectives and specific
requirements of this part. Section
26.23(a) states, in part, that contractor
personnel performing activities within
the scope of this part for a licensee must
be subject to the licensee’s program
relating to fitness-for-duty.
10 CFR 26.10(c), states in part, that a
licensee’s FFD program must have a
goal of achieving a drug-free workplace
and a workplace free of the effects of
such substances. 10 CFR 26.20 states, in
relevant part, that each licensee subject
to this part shall establish and
implement written policies and
procedures designed to meet the general
performance objectives and specific
requirements of this part. Section
26.23(a) states, in part, that contractor
personnel performing activities within
the scope of this part for a licensee must
be subject to the licensee’s program
relating to fitness-for-duty.
The Duke Energy Nuclear Policy
Manual, NSD 217.8, Revision 14, states,
in relevant part, that illegal drugs are
prohibited by company or departmental
policy from actual or attempted
introduction into the site Protected
Area.
The Duke Energy Nuclear Policy
Manual, NSD 218.10.1, Revision 9,
states in relevant part, that where
unusual behavior, lack of
trustworthiness and reliability, or
evidence that an individual is not fit for
duty is observed, it shall be reported to
the manager of Access Services.
Contrary to the above, on
approximately October 20, 2008, a
contract employee introduced and used
marijuana inside of the Protected Area
at the McGuire Nuclear Station. In
addition, a second contract employee
became aware of the potential use of
marijuana inside of the Protected Area
but failed to immediately report the
event as required by McGuire Nuclear
Station’s continuing behavior
observation program.
This is a Severity Level IV violation
(Supplement III).
The NRC has concluded that
information regarding the reason for the
violation, the corrective actions taken
and planned to correct the violation and
prevent recurrence and the date when
full compliance will be achieved is
already adequately addressed on the
docket in the enclosed Confirmatory
Order. Therefore, you are not required
to respond to this letter unless the
description therein does not accurately
reflect your corrective actions or your
position. However, you are required to
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submit a written statement or
explanation pursuant to 10 CFR 2.201 if
the description therein does not
accurately reflect your corrective actions
or your position. In that case, or if you
choose to respond, clearly mark your
response as a ‘‘Reply to a Notice of
Violation, EA–09–252,’’ and send it to
the U.S. Nuclear Regulatory
Commission, ATTN: Document Control
Desk, Washington, DC 20555–0001 with
a copy to the Regional Administrator,
Region II, and a copy to the NRC
Resident Inspector at the facility that is
the subject of this Notice, within 30
days of the date of the letter transmitting
this Notice of Violation (Notice).
If you choose to respond, your
response will be made available
electronically for public inspection in
the NRC Public Document Room or from
the NRC’s document system (ADAMS),
accessible from the NRC Web site at
https://www.nrc.gov/reading-rm/
adams.html. Therefore, to the extent
possible, the response should not
include any personal privacy,
proprietary, or safeguards information
so that it can be made available to the
Public without redaction. If personal
privacy or proprietary information is
necessary to provide an acceptable
response, then please provide a
bracketed copy of your response that
identifies the information that should be
protected and a redacted copy of your
response that deletes such information.
If you request withholding of such
material, you must specifically identify
the portions of your response that you
seek to have withheld and provide in
detail the bases for your claim of
withholding (e.g., explain why the
disclosure of information will create an
unwarranted invasion of personal
privacy or provide the information
required by 10 CFR 2.390(b) to support
a request for withholding confidential
commercial or financial information). If
safeguards information is necessary to
provide an acceptable response, please
provide the level of protection described
in 10 CFR 73.21.
In accordance with 10 CFR 19.11, you
may be required to post this Notice
within 2 working days of receipt.
Dated this 2nd day of June 2010.
[FR Doc. 2010–14059 Filed 6–10–10; 8:45 am]
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NUCLEAR REGULATORY
COMMISSION
[NRC–2009–0308]
Notice of Issuance of Regulatory Guide
AGENCY: Nuclear Regulatory
Commission.
ACTION: Notice of Issuance and
Availability of Regulatory Guide 1.28,
Revision 4, ‘‘Quality Assurance Program
Criteria (Design and Construction).’’
FOR FURTHER INFORMATION CONTACT: R.
A. Jervey, Regulatory Guide
Development Branch, Division of
Engineering, Office of Nuclear
Regulatory Research, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001, telephone (301) 251–
7404 or e-mail Richard.Jervey@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The U.S. Nuclear Regulatory
Commission (NRC) is issuing a revision
to an existing guide in the agency’s
‘‘Regulatory Guide’’ series. This series
was developed to describe and make
available to the public information such
as methods that are acceptable to the
NRC staff for implementing specific
parts of the agency’s regulations,
techniques that the staff uses in
evaluating specific problems or
postulated accidents, and data that the
staff needs in its review of applications
for permits and licenses.
Revision 4 of Regulatory Guide 1.28,
‘‘Quality Assurance Program Criteria
(Design and Construction),’’ was issued
with a temporary identification as Draft
Regulatory Guide, DG–1215. DG–1215
was titled ‘‘Quality Assurance Program
Requirements (Design and
Construction).’’ Proposed RG 1.28,
Revision 4, extends the scope of the
NRC’s endorsement to include NQA–1,
Part II, which contains amplifying
quality assurance (QA) requirements for
certain specific work activities that
occur at various stages of a facility’s life.
The work activities include, but are not
limited to, management, planning, site
investigation, design, computer software
use, commercial-grade dedication,
procurement, fabrication, installation,
inspection, and testing. Appendix A,
‘‘Evolution of Quality Assurance
Standards and the Endorsing Regulatory
Guides,’’ to RG 1.28 gives an overview
and continuation of the history and
consolidation of NRC-endorsed
standards.
II. Further Information
In July 2009, DG–1215 was published
with a public comment period of 60
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Agencies
[Federal Register Volume 75, Number 112 (Friday, June 11, 2010)]
[Notices]
[Pages 33358-33361]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-14059]
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NUCLEAR REGULATORY COMMISSION
[Docket No.: 50-369 and 50-370; License No.: NPF-9, NPF-17; EA-09-252;
NRC-2010-0196]
Duke Energy Carolinas, LLC; McGuire Nuclear Station; Confirmatory
Order (Effective Immediately)
I
Duke Energy Carolinas, LLC's (Duke Energy or Licensee) is the
holder of License Nos. NPF-9 and NPF-17, issued by the Nuclear
Regulatory Commission (NRC or Commission) pursuant to 10 CFR Part 50,
on June 12, 1981, and March 3, 1983, respectively. The license
authorizes the operation of the McGuire Nuclear Station (MNS or
facility) in accordance with the conditions specified therein. The
facility is located at the Licensee's site in Huntersville, North
Carolina.
This Confirmatory Order is the result of an agreement reached
during an alternative dispute resolution (ADR) mediation session
conducted on March 29, 2010.
II
On November 26, 2008, the NRC's Office of Investigations (OI)
initiated an investigation (OI Case No. 2-2009-009) regarding
activities at the MNS located in Huntersville, NC. Based on the
evidence developed during the investigation, the NRC staff
preliminarily concluded that on approximately October 20, 2008, a
contract employee introduced and used marijuana inside the Protected
Area at MNS, and a second contract employee was aware of the potential
use of the illegal drug but failed to report this to the appropriate
site personnel as required by site procedure. The NRC's letter to Duke
Energy of January 27, 2010, documented the NRC's conclusions and the
following two apparent violations:
1. 10 CFR 26.10, states in part, that a licensee's Fitness For Duty
(FFD) program must provide reasonable measures for the early detection
of individuals who are not fit to perform activities within the scope
of 10 CFR Part 26. Section 26.20 states, in relevant part, that each
licensee subject to this part shall establish and implement written
policies and procedures designed to meet the general performance
objectives and specific requirements of this part. Section 26.23(a)
states, in part, that contractor personnel performing activities within
the scope of this part for a licensee must be subject to the licensee's
program relating to fitness-for-duty. The Duke Energy Nuclear Policy
Manual, NSD 218.10.1, Revision 9, states in relevant part, that where
unusual behavior, lack of trustworthiness and reliability, or evidence
that an individual is not fit for duty is observed, it shall be
reported to the manager of Access Services. On approximately October
20, 2008, a contract employee observed the use of marijuana inside of
the Protected Area but failed to immediately report the event as
required by MNS's continuing behavior observation program.
2. 10 CFR 26.10(c), states in part, that a licensee's FFD program
must have a goal of achieving a drug-free workplace and a workplace
free of the effects of such substances. 10 CFR 26.20 states, in
relevant part, that each licensee subject to this part shall establish
and implement written policies and procedures designed to meet the
general performance objectives and specific requirements of this part.
Section 26.23(a) states, in part, that contractor personnel performing
activities within the scope of this part for a licensee must be subject
to the licensee's program relating to fitness-for-duty. The Duke Energy
Nuclear Policy Manual, NSD 217.8, Revision 14, states, in relevant
part, that illegal drugs are prohibited by company or departmental
policy from actual or attempted introduction into the site Protected
Area. On approximately October 20, 2008, a contract employee introduced
and used marijuana inside of the Protected Area at the MNS.
III
On March 29, 2010, the NRC and Duke Energy met in an ADR session
mediated by a professional mediator, which was arranged through Cornell
University's Institute on Conflict Resolution. ADR is a process in
which a neutral mediator with no decision-making authority assists the
parties in reaching an agreement or resolving any differences regarding
their dispute. This confirmatory order is issued pursuant to the
agreement reached during the ADR process. The elements of the agreement
consist of the following:
1. Regarding the apparent violation discussed in Section II.1
above, Duke Energy's internal investigation could not substantiate the
observed use of marijuana inside of the Protected Area. Regarding the
second apparent violation discussed in Section II.2 above, Duke
Energy's internal investigation could not substantiate the introduction
and use of marijuana inside the Protected Area at the McGuire Nuclear
Station. Nonetheless, in the context of the ADR mediation, Duke Energy
agrees not to
[[Page 33359]]
contest the NRC's characterization of the first or second apparent
violation. The NRC concluded that both violations were due to
deliberate misconduct.
2. The NRC acknowledged that Duke Energy, prior to the ADR session,
already took certain actions that address the issues underlying the
apparent violations. These actions included:
a. Revision of the Duke Energy FFD Policy to more clearly
communicate the obligation to report suspicious behavior;
b. Performance of an independent investigation through its Employee
Concerns Program to assess the response and actions arising out of the
facts and circumstances surrounding the apparent violation.
c. Reviewed access determinations for involved individuals,
implemented targeted searches of individuals and certain areas within
the McGuire Protected Area, and denied unescorted access for the
individuals involved. Duke Energy also reviewed the work activities
performed by the contractor individual at the McGuire site. No issues
were identified.
d. Coaching and mentoring session with nuclear site Human Resources
directors and General Office staff Human Resources consultants to
emphasize the importance of prompt reporting of FFD/BOP concerns.
3. In addition to the actions completed by Duke Energy as discussed
above, Duke Energy agreed to additional corrective actions and
enhancements, as fully delineated below in Section V of this
Confirmatory Order.
4. The NRC and Duke Energy agree that the above elements will be
incorporated into a Confirmatory Order. The resulting Confirmatory
Order will be considered by the NRC for any assessment of Duke Energy,
as appropriate.
5. The NRC normally considers characterization of the significance
of the apparent violations discussed above at Severity Level III.
However, in consideration of the commitments delineated in Paragraphs 4
and 5 above, the NRC and Duke Energy agree that the above non-
compliances will be characterized as one violation of 10 CFR Part 26,
with a significance of Severity Level IV. The violation will be cited
as an attachment to the Confirmatory Order, with no response to the
violation required from Duke Energy. This completes the Agency's
enforcement action with respect to Duke Energy regarding all matters
discussed in the NRC's letter to Duke Energy of January 27, 2010 (EA-
09-252).
6. This agreement is binding upon successors and assigns of Duke
Energy.
On May 24, 2010, Duke Energy consented to issuance of this
Confirmatory Order with the commitments, as described in Section V
below. Duke Energy further agrees that this Confirmatory Order is to be
effective upon issuance and that it has waived its right to a hearing.
IV
Since Duke Energy has completed the actions as delineated in
Section III.2, and agreed to take the actions as set forth in Section
V, the NRC has concluded that its concerns can be resolved through
issuance of this Confirmatory Order.
I find that Duke Energy's commitments as set forth in Section V are
acceptable and necessary and conclude that with these commitments, the
public health and safety are reasonably assured. In view of the
foregoing, I have determined that public health and safety require that
Duke Energy's commitments be confirmed by this Confirmatory Order.
Based on the above and Duke Energy's consent, this Confirmatory Order
is immediately effective upon issuance.
V
Accordingly, pursuant to Sections 51, 53, 161b, 161i, 161o, 182 and
186 of the Atomic Energy Act of 1954, as amended, and the Commission's
regulations in 10 CFR 2.202 and 10 CFR Part 70, it is hereby ordered,
effective immediately, that license no. NPF-9 and NPF-17 be modified as
follows:
a. Within ninety (90) days of the effective date of this
Confirmatory Order, Duke Energy will develop a summary of lessons
learned from the facts and circumstances surrounding the apparent
violations and communicate this summary:
i. To Duke Energy nuclear generation employees;
ii. In the Duke Energy-specific Plant Access Training for a period
of one (1) year following the communication set forth in 5.a.i. above;
iii. To Nuclear Human Resources personnel; and
iv. To Duke Energy's approved screening contractor organizations.
b. Within one hundred and eighty (180) days of the effective date
of this Confirmatory Order, perform a self-assessment of the adequacy
of the programs and processes in place to detect and deter the
introduction of illegal drugs and alcohol into the Protected Area of
Duke Energy's nuclear stations and implement appropriate enhancements
in accordance with Duke Energy's corrective action program. Such
assessment will include benchmarking with at least three nuclear fleets
to identify best practices; evaluation of processes and procedures
utilized to guide responses to identification of potential introduction
of illegal drugs or alcohol into the Protected Area of a nuclear
station; and associated oversight of contractor workforce.
c. Prior to December 31, 2011, perform an effectiveness review of
the corrective actions identified in V.a. and V.b. above.
The Regional Administrator, NRC Region II, may relax or rescind, in
writing, any of the above conditions upon a showing by Duke Energy of
good cause.
VI
Any person adversely affected by this Confirmatory Order, other
than the Licensee, may request a hearing within 20 days of the date of
its publication in the Federal Register. Where good cause is shown,
consideration will be given to extending the time to request a hearing.
A request for extension of time must be directed to the Director,
Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington,
DC 20555-0001, and include a statement of good cause for the extension.
All documents filed in NRC adjudicatory proceedings, including a
request for hearing, a petition for leave to intervene, any motion or
other document filed in the proceeding prior to the submission of a
request for hearing or petition to intervene, and documents filed by
interested governmental entities participating under 10 CFR 2.315(c),
must be filed in accordance with the NRC E-Filing rule (72 FR 49139,
August 28, 2007). The E-Filing process requires participants to submit
and serve all adjudicatory documents over the Internet, or in some
cases to mail copies on electronic storage media. Participants may not
submit paper copies of their filings unless they seek an exemption in
accordance with the procedures described below.
To comply with the procedural requirements of E-Filing, at least
ten (10) days prior to the filing deadline, the participant should
contact the Office of the Secretary by e-mail at
hearing.docket@nrc.gov, or by telephone at (301) 415-1677, to request
(1) a digital ID certificate, which allows the participant (or its
counsel or representative) to digitally sign documents and access the
E-Submittal server for any proceeding in which it is participating; and
(2) advise the Secretary that the participant will be submitting a
request or petition for
[[Page 33360]]
hearing (even in instances in which the participant, or its counsel or
representative, already holds an NRC-issued digital ID certificate).
Based upon this information, the Secretary will establish an electronic
docket for the hearing in this proceeding if the Secretary has not
already established an electronic docket.
Information about applying for a digital ID certificate is
available on NRC's public Web site at https://www.nrc.gov/site-help/e-submittals/apply-certificates.html. System requirements for accessing
the E-Submittal server are detailed in NRC's ``Guidance for Electronic
Submission,'' which is available on the agency's public Web site at
https://www.nrc.gov/site-help/e-submittals.html. Participants may
attempt to use other software not listed on the Web site, but should
note that the NRC's E-Filing system does not support unlisted software,
and the NRC Meta System Help Desk will not be able to offer assistance
in using unlisted software.
If a participant is electronically submitting a document to the NRC
in accordance with the E-Filing rule, the participant must file the
document using the NRC's online, Web-based submission form. In order to
serve documents through the Electronic Information Exchange (EIE),
users will be required to install a Web browser plug-in from the NRC
Web site. Further information on the Web-based submission form,
including the installation of the Web browser plug-in, is available on
the NRC's public Web site at https://www.nrc.gov/site-help/e-submittals.html.
Once a participant has obtained a digital ID certificate and a
docket has been created, the participant can then submit a request for
hearing or petition for leave to intervene. Submissions should be in
Portable Document Format (PDF) in accordance with NRC guidance
available on the NRC public Web site at https://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the
documents are submitted through the NRC's E-Filing system. To be
timely, an electronic filing must be submitted to the E-Filing system
no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of
a transmission, the E-Filing system time-stamps the document and sends
the submitter an e-mail notice confirming receipt of the document. The
E-Filing system also distributes an e-mail notice that provides access
to the document to the NRC Office of the General Counsel and any others
who have advised the Office of the Secretary that they wish to
participate in the proceeding, so that the filer need not serve the
documents on those participants separately. Therefore, applicants and
other participants (or their counsel or representative) must apply for
and receive a digital ID certificate before a hearing request/petition
to intervene is filed so that they can obtain access to the document
via the E-Filing system.
A person filing electronically using the agency's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System
Help Desk through the ``Contact Us'' link located on the NRC Web site
at https://www.nrc.gov/site-help/e-submittals.html, by e-mail at
MSHD.Resource@nrc.gov, or by a toll-free call at (866) 672-7640. The
NRC Meta System Help Desk is available between 8 a.m. and 8 p.m.,
Eastern Time, Monday through Friday, excluding government holidays.
Participants who believe that they have a good cause for not
submitting documents electronically must file an exemption request, in
accordance with 10 CFR 2.302(g), with their initial paper filing
requesting authorization to continue to submit documents in paper
format. Such filings must be submitted by: (1) First class mail
addressed to the Office of the Secretary of the Commission, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention:
Rulemaking and Adjudications Staff; or (2) courier, express mail, or
expedited delivery service to the Office of the Secretary, Sixteenth
Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland
20852, Attention: Rulemaking and Adjudications Staff. Participants
filing a document in this manner are responsible for serving the
document on all other participants. Filing is considered complete by
first-class mail as of the time of deposit in the mail, or by courier,
express mail, or expedited delivery service upon depositing the
document with the provider of the service. A presiding officer, having
granted an exemption request from using E-Filing, may require a
participant or party to use E-Filing if the presiding officer
subsequently determines that the reason for granting the exemption from
use of E-Filing no longer exists.
Documents submitted in adjudicatory proceedings will appear in
NRC's electronic hearing docket which is available to the public at
https://ehd.nrc.gov/EHD_Proceeding/home.asp, unless excluded pursuant
to an order of the Commission, or the presiding officer. Participants
are requested not to include personal privacy information, such as
social security numbers, home addresses, or home phone numbers in their
filings, unless an NRC regulation or other law requires submission of
such information. With respect to copyrighted works, except for limited
excerpts that serve the purpose of the adjudicatory filings and would
constitute a Fair Use application, participants are requested not to
include copyrighted materials in their submission. If a person other
than the Licensee requests a hearing, that person shall set forth with
particularity the manner in which his interest is adversely affected by
this Confirmatory Order and shall address the criteria set forth in 10
CFR 2.309(d) and (f).
If the hearing is requested by a person whose interest is adversely
affected, the Commission will issue an order designating the time and
place of any hearing. If a hearing is held, the issue to be considered
at such hearing shall be whether this Confirmatory Order should be
sustained.
VII
In the absence of any request for hearing, or written approval of
an extension of time in which to request a hearing, the provisions
specified in Section V above shall be final 20 days from the date this
Confirmatory Order is published in the Federal Register without further
order or proceedings. If an extension of time for requesting a hearing
has been approved, the provisions specified in Section V shall be final
when the extension expires if a hearing request has not been received.
A request for hearing shall not stay the immediate effectiveness of
this confirmatory order.
Dated this 2nd day of June 2010.
For the Nuclear Regulatory Commission.
Luis A. Reyes,
Regional Administrator.
Notice of Violation
Duke Energy Carolinas, LLC,
McGuire Nuclear Station,
Units 1 and 2.
Docket No. 50-369 and 50-370.
License No.: NPF-9, NPF-17.
EA-09-252.
During an investigation completed by the NRC on September 3, 2009,
a violation of NRC requirements was identified. In accordance with the
NRC Enforcement Policy, the violation is listed below:
10 CFR 26.10 states, in part, that a licensee's FFD program must
provide reasonable measures for the early detection of individuals who
are not fit to perform activities within the scope of 10 CFR Part 26.
Section 26.20 states, in
[[Page 33361]]
relevant part, that each licensee subject to this part shall establish
and implement written policies and procedures designed to meet the
general performance objectives and specific requirements of this part.
Section 26.23(a) states, in part, that contractor personnel performing
activities within the scope of this part for a licensee must be subject
to the licensee's program relating to fitness-for-duty.
10 CFR 26.10(c), states in part, that a licensee's FFD program must
have a goal of achieving a drug-free workplace and a workplace free of
the effects of such substances. 10 CFR 26.20 states, in relevant part,
that each licensee subject to this part shall establish and implement
written policies and procedures designed to meet the general
performance objectives and specific requirements of this part. Section
26.23(a) states, in part, that contractor personnel performing
activities within the scope of this part for a licensee must be subject
to the licensee's program relating to fitness-for-duty.
The Duke Energy Nuclear Policy Manual, NSD 217.8, Revision 14,
states, in relevant part, that illegal drugs are prohibited by company
or departmental policy from actual or attempted introduction into the
site Protected Area.
The Duke Energy Nuclear Policy Manual, NSD 218.10.1, Revision 9,
states in relevant part, that where unusual behavior, lack of
trustworthiness and reliability, or evidence that an individual is not
fit for duty is observed, it shall be reported to the manager of Access
Services.
Contrary to the above, on approximately October 20, 2008, a
contract employee introduced and used marijuana inside of the Protected
Area at the McGuire Nuclear Station. In addition, a second contract
employee became aware of the potential use of marijuana inside of the
Protected Area but failed to immediately report the event as required
by McGuire Nuclear Station's continuing behavior observation program.
This is a Severity Level IV violation (Supplement III).
The NRC has concluded that information regarding the reason for the
violation, the corrective actions taken and planned to correct the
violation and prevent recurrence and the date when full compliance will
be achieved is already adequately addressed on the docket in the
enclosed Confirmatory Order. Therefore, you are not required to respond
to this letter unless the description therein does not accurately
reflect your corrective actions or your position. However, you are
required to submit a written statement or explanation pursuant to 10
CFR 2.201 if the description therein does not accurately reflect your
corrective actions or your position. In that case, or if you choose to
respond, clearly mark your response as a ``Reply to a Notice of
Violation, EA-09-252,'' and send it to the U.S. Nuclear Regulatory
Commission, ATTN: Document Control Desk, Washington, DC 20555-0001 with
a copy to the Regional Administrator, Region II, and a copy to the NRC
Resident Inspector at the facility that is the subject of this Notice,
within 30 days of the date of the letter transmitting this Notice of
Violation (Notice).
If you choose to respond, your response will be made available
electronically for public inspection in the NRC Public Document Room or
from the NRC's document system (ADAMS), accessible from the NRC Web
site at https://www.nrc.gov/reading-rm/adams.html. Therefore, to the
extent possible, the response should not include any personal privacy,
proprietary, or safeguards information so that it can be made available
to the Public without redaction. If personal privacy or proprietary
information is necessary to provide an acceptable response, then please
provide a bracketed copy of your response that identifies the
information that should be protected and a redacted copy of your
response that deletes such information. If you request withholding of
such material, you must specifically identify the portions of your
response that you seek to have withheld and provide in detail the bases
for your claim of withholding (e.g., explain why the disclosure of
information will create an unwarranted invasion of personal privacy or
provide the information required by 10 CFR 2.390(b) to support a
request for withholding confidential commercial or financial
information). If safeguards information is necessary to provide an
acceptable response, please provide the level of protection described
in 10 CFR 73.21.
In accordance with 10 CFR 19.11, you may be required to post this
Notice within 2 working days of receipt.
Dated this 2nd day of June 2010.
[FR Doc. 2010-14059 Filed 6-10-10; 8:45 am]
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