Dominion Energy Nuclear Connecticut, Inc.; Millstone Power Station, 57004-57010 [2017-25866]

Download as PDF 57004 Federal Register / Vol. 82, No. 230 / Friday, December 1, 2017 / Notices sradovich on DSK3GMQ082PROD with NOTICES license numbers) were issued to the licensee for VEGP Units 3 and 4 (COLs NPF–91 and NPF–92). The exemption documents for VEGP Units 3 and 4 can be found in ADAMS under Accession Nos. ML17205A478 and ML17205A479, respectively. The exemption is reproduced (with the exception of abbreviated titles and additional citations) in Section II of this document. The amendment documents for COLs NPF–91 and NPF–92 are available in ADAMS under Accession Nos. ML17205A476 and ML17205A477, respectively. A summary of the amendment documents is provided in Section III of this document. II. Exemption Reproduced below is the exemption document issued to VEGP Units 3 and Unit 4. It makes reference to the combined safety evaluation that provides the reasoning for the findings made by the NRC (and listed under Item 1) in order to grant the exemption: 1. In a letter dated April 27, 2017, as supplemented by letter dated August 3, 2017, Southern Nuclear Operating Company, Inc., (licensee) requested from the NRC an exemption to allow departures from Tier 1 information in the certified Design Control Document (DCD) incorporated by reference in part 52 of title 10 of the Code of Federal Regulations (10 CFR), appendix D, ‘‘Design Certification Rule for the AP1000 Design,’’ as part of license amendment request (LAR) 17–015, ‘‘Central Chilled Water System (VWS) Optimization Changes.’’ For the reasons set forth in Section 3.1 of the NRC staff’s Safety Evaluation, which can be found in ADAMS under Accession No. ML17208A163, the Commission finds that: A. The exemption is authorized by law; B. the exemption presents no undue risk to public health and safety; C. the exemption is consistent with the common defense and security; D. special circumstances are present in that the application of the rule in this circumstance is not necessary to serve the underlying purpose of the rule; E. the special circumstances outweigh any decrease in safety that may result from the reduction in standardization caused by the exemption; and F. the exemption will not result in a significant decrease in the level of safety otherwise provided by the design. 2. Accordingly, the licensee is granted an exemption from the certified DCD Tier 1 information, with corresponding changes to Appendix C of the Facility Combined License, as described in the licensee’s request dated April 27, 2017, VerDate Sep<11>2014 16:44 Nov 30, 2017 Jkt 244001 as supplemented by letter dated August 3, 2017. This exemption is related to, and necessary for the granting of License Amendment Nos. 93 (Unit 3) and 92 (Unit 4), which is being issued concurrently with this exemption. 3. As explained in Section 6.0 of the NRC staff’s Safety Evaluation (ADAMS Accession No. ML17208A163), this exemption meets the eligibility criteria for categorical exclusion set forth in 10 CFR 51.22(c)(9). Therefore, pursuant to 10 CFR 51.22(b), no environmental impact statement or environmental assessment needs to be prepared in connection with the issuance of the exemption. 4. This exemption is effective as of the date of its issuance. III. License Amendment Request By letter dated April 27, 2017 (ADAMS Accession No. ML17118A049), as supplemented by letter dated August 3, 2017 (ADAMS Accession No. ML17215B187), the licensee requested that the NRC amend the COLs for VEGP, Units 3 and 4, COLs NPF–91 and NPF– 92. The proposed amendment is described in Section I of this Federal Register notice. The Commission has determined for these amendments that the application complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commission’s rules and regulations. The Commission has made appropriate findings as required by the Act and the Commission’s rules and regulations in 10 CFR chapter I, which are set forth in the license amendment. A notice of consideration of issuance of amendment to facility operating license or COL, as applicable, proposed no significant hazards consideration determination, and opportunity for a hearing in connection with these actions, was published in the Federal Register on June 19, 2017 (82 FR 27891). No comments were received during the 30-day comment period. The Commission has determined that these amendments satisfy the criteria for categorical exclusion in accordance with 10 CFR 51.22. Therefore, pursuant to 10 CFR 51.22(b), no environmental impact statement or environmental assessment need be prepared for these amendments. IV. Conclusion Using the reasons set forth in the combined safety evaluation, the staff granted the exemption and issued the amendment that the licensee requested on April 27, 2017, as supplemented by letter dated August 3, 2017. PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 The exemption and amendment were issued on October 20, 2017, as part of a combined package to the licensee (ADAMS Accession No. ML17205A473). Dated at Rockville, Maryland, this 28th day of November 2017. For the Nuclear Regulatory Commission. Jennifer L. Dixon-Herrity, Chief, Licensing Branch 4, Division of New Reactor Licensing, Office of New Reactors. [FR Doc. 2017–25924 Filed 11–30–17; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket Nos. 50–336 and 50–423; License Nos. DPR–65 and NPF–49; EA–17–077; NRC–2017–0224] Dominion Energy Nuclear Connecticut, Inc.; Millstone Power Station Nuclear Regulatory Commission. ACTION: Confirmatory order; issuance. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a Confirmatory Order to Dominion Energy Nuclear Connecticut, Inc. (Dominion) to memorialize the agreement reached during an alternative dispute resolution mediation session held on September 20, 2017. This Order will resolve the issue that was identified during an NRC investigation of actions by a (former) contractor security officer at Dominion’s Millstone Power Station whom the NRC determined did not: (1) Perform required maintenance of site weapons; and (2) properly conduct monthly inventories of out of service weapons. The Confirmatory Order is effective upon issuance. DATES: The Order was issued on November 21, 2017. ADDRESSES: Please refer to Docket ID NRC–2017–0224 when contacting the NRC about the availability of information regarding this document. You may obtain publicly-available information related to this document using any of the following methods: • Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC–2017–0224. Address questions about NRC dockets to Carol Gallagher; telephone: 301–415–3463; email: Carol.Gallagher@nrc.gov. For technical questions, contact the individual(s) listed in the FOR FURTHER INFORMATION CONTACT section of this document. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may obtain publiclyavailable documents online in the SUMMARY: E:\FR\FM\01DEN1.SGM 01DEN1 Federal Register / Vol. 82, No. 230 / Friday, December 1, 2017 / Notices ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/ adams.html. To begin the search, select ‘‘ADAMS Public Documents’’ and then select ‘‘Begin Web-based ADAMS Search.’’ For problems with ADAMS, please contact the NRC’s Public Document Room (PDR) reference staff at 1–800–397–4209, 301–415–4737, or by email to pdr.resource@nrc.gov. The ADAMS accession number for each document referenced (if it is available in ADAMS) is provided the first time that it is mentioned in this document. • NRC’s PDR: You may examine and purchase copies of public documents at the NRC’s PDR, Room O1–F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. FOR FURTHER INFORMATION CONTACT: Marjorie M. McLaughlin, Region I, U.S. Nuclear Regulatory Commission, 2100 Renaissance Blvd. King of Prussia, PA 19140; telephone: 610–337–5240, email: Marjorie.Mclaughlin@nrc.gov. SUPPLEMENTARY INFORMATION: The text of the Order is attached. Dated at Rockville, Maryland, this 21st day of November 2017. For the Nuclear Regulatory Commission. Daniel H. Dorman, Regional Administrator. United States of America Nuclear Regulatory Commission In the Matter of: Dominion Energy Nuclear Connecticut, Inc. Docket Nos. 05000336 & 05000423 License Nos. DPR–65 and NPF–49 EA–17–077 Confirmatory Order (Effective Immediately) I sradovich on DSK3GMQ082PROD with NOTICES Dominion Nuclear Connecticut, Inc. (Dominion) 1 is the holder of operating reactor License No. DPR–65 issued by the Nuclear Regulatory Commission (NRC) pursuant to 10 CFR part 50 on September 26, 1975, and renewed on November 28, 2005, and NPF–49 issued by the NRC pursuant to 10 CFR part 50 on January 31, 1986, and renewed on November 28, 2005. The licenses authorize the operation of Millstone Power Station Units 2 and 3 (Millstone) in accordance with conditions specified 1 In a letter dated June 15, 2017 (ML17171A232), Dominion Nuclear Connecticut, Inc. notified the NRC that the company was changing its name to Dominion Energy Nuclear Connecticut, Inc., and requested that the NRC amend the Millstone operating licenses to reflect this change. The amendment request is currently under review by the NRC. The commitments in this Order apply to the entity that owns the licensed facilities, regardless of the entity’s name. VerDate Sep<11>2014 16:44 Nov 30, 2017 Jkt 244001 therein. Millstone is located on the Licensee’s site in Waterford, Connecticut. This Confirmatory Order is the result of an agreement reached during an Alternative Dispute Resolution (ADR) mediation session conducted on September 20, 2017. II On August 31, 2016, the NRC Office of Investigations (OI), Region I Field Office opened an investigation (OI Case No. 1–2016–019) to evaluate whether a contract security officer working for G4S Secure Solutions USA, Inc. as an Armorer at Millstone deliberately failed to perform assigned duties pertaining to the accountability, testing, and maintenance of site response weapons and falsified related records. The investigation was completed on April 27, 2017, and the results documented in OI Report No. 1–2016–019. Based on the evidence developed during the investigation, the NRC concluded that the contract security officer: (1) Deliberately failed to perform assigned duties pertaining to the testing, maintenance, and accountability of site response weapons; and (2) deliberately falsified related records. Specifically, OI identified numerous discrepancies on a number of weapons maintenance records from between January 2015 and June 2016, where the contract security officer indicated that (s)he had performed test-firing, cleaning, or maintenance activities for weapons on dates when (s)he, in fact, either had not worked or had not accessed the site Protected Area to retrieve the weapons from their staged locations. The contract security officer indicated to OI that (s)he had been unable to keep up with his/her increasing workload, which led to his/her decision to not perform required tasks and to falsify related records. The contract officer testified to OI that (s)he had requested help with the Armorer function. The contract officer admitted to OI that (s)he had falsified some records to indicate that (s)he was meeting the required maintenance timeframes, without having performed the maintenance activities. The contract officer stated that (s)he usually performed the maintenance at some later point, but admitted that this may not have always happened. OI concluded that the contract officer deliberately failed to perform the required activities during this timeframe and created false records to indicate that (s)he had performed them. OI also identified discrepancies with the out-of-service weapons inventory PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 57005 records for January 2016, March 2016, April 2016, and May 2016. Specifically, OI identified that the recorded dates on which the January, March, and April inventories were completed were dates on which the contract security officer did not work. Additionally, OI identified that the April and May inventories listed weapons as being present at Millstone that were no longer on site. The contract security officer testified to OI that (s)he must have made a mistake when (s)he documented the wrong dates. The contract officer also acknowledged to OI that (s)he had not individually reviewed the serial numbers of all out-of-service weapons when conducting the inventories and had just assumed the weapons were still onsite. The contract officer said this assumption had been based on the fact that the weapons had been packaged for shipment, and had been stored in a locked room to which only the contract officer possessed a key. However, the contract officer was the individual who had transported the weapons offsite, and should have known that they were no longer there. The contract officer acknowledged to OI that (s)he should have taken the time to account for the weapons that had already been transferred, but that (s)he had not done that. OI concluded that the contract officer deliberately failed to perform the inventories for those months and created false records when (s)he prepared the inventory logs. The NRC determined that the contract security officer’s deliberate actions caused Dominion to be in violation of 10 CFR 73, Appendix B, Section VI.G, ‘‘Weapons, Personal Equipment, and Maintenance,’’ and the Millstone Security Plan. Specifically, 10 CFR 73, Appendix B, Section VI.G, ‘‘Weapons, Personal Equipment, and Maintenance,’’ Section 3(a), ‘‘Firearms maintenance program,’’ requires that each licensee shall implement a firearms maintenance and accountability program in accordance with the Commission regulations and the Commissionapproved training and qualification plan. The Millstone Training and Qualification Plan is Appendix B to the site’s Physical Security Plan. Section 20, ‘‘Maintenance, Testing, and Calibration,’’ part 20.5, ‘‘Firearms,’’ states that a testing and maintenance program for all assigned firearms is established to ensure that the firearms and related accessories function as intended. The program is described in facility procedures. In particular, Dominion Security General Order GO– MP–0215, Rev. 5, ‘‘Weapons Maintenance Program,’’ constitutes the E:\FR\FM\01DEN1.SGM 01DEN1 sradovich on DSK3GMQ082PROD with NOTICES 57006 Federal Register / Vol. 82, No. 230 / Friday, December 1, 2017 / Notices Millstone facility procedure for the testing, cleaning, and inspecting of security weapons, and requires that: all in-service weapons assigned to Millstone will be test fired on a semiannual basis; weapons cleaning and maintenance shall occur after all test firing and also semi-annually by the Armorer; and the Armorer shall perform semi-annual weapons inspections. Additionally, Dominion Security General Order GO–MP–0202, Rev. 0, ‘‘Out of Service Weapons and Ammunition Accountability,’’ constitutes the Millstone facility procedure for ensuring the accurate accountability of out of service weapons, magazines, and ammunition, and requires that the Armorer perform a monthly accountability of all out of service firearms, magazines, and ammunition. The NRC determined that the contract security officer’s deliberate actions also caused Dominion to be in violation of 10 CFR 50.9, which requires, in part, that information required by the Commission’s regulations, orders, or license conditions to be maintained by the licensee shall be complete and accurate in all material respects. Specifically, 10 CFR 73.70(e) requires that nuclear power reactor licensees shall keep documentation of all tests, inspections, and maintenance performed on required security related equipment for three years from the date of documenting the event. Information related to tests, inspections, and maintenance performed on weapons is material to the NRC because it is relied upon as documentation that they are in acceptable working condition. Information relating to the accountability of out of service weapons is material to the NRC because the proper accounting of weapons helps to ensure that these items have not been stolen or misplaced such that they could be used to defeat the Licensee’s protective strategy. By letter dated July 20, 2017, the NRC notified the Licensee of the results of the investigation with an opportunity to: (1) Provide a response in writing; (2) attend a pre-decisional enforcement conference; or (3) participate in an ADR mediation session in an effort to resolve these concerns. In response to the NRC’s offer, the Licensee requested the use of the NRC’s ADR process. On September 20, 2017, the NRC and the Licensee met in an ADR session mediated by a professional mediator, arranged through Cornell University’s Institute on Conflict Resolution. The ADR process is one in which a neutral mediator, with no decision-making authority, assists the VerDate Sep<11>2014 16:44 Nov 30, 2017 Jkt 244001 parties in reaching an agreement on resolving any differences regarding the dispute. This Confirmatory Order is issued pursuant to the agreement reached during the ADR process. III During the ADR session, the Licensee and the NRC reached a preliminary settlement agreement. The elements of the agreement include the following: A. Items To Assure Restoration of Compliance 1. Within 30 days of the date of the Confirmatory Order, Dominion shall prepare a full inventory of all in-service and out-of-service weapons on-site. Within 30 days of completing this action, Dominion shall inform the NRC that the action is complete by sending a letter to the Region I Administrator and shall make the inventory list available to the NRC for review during an inspection. 2. Within 30 days of the date of the Confirmatory Order, Dominion shall prepare a report of the maintenance status of all in-service weapons that are on-site as of the date of the Confirmatory Order. The report shall specify the dates on which each weapon was last test-fired, cleaned, serviced, and inspected. Within 30 days of completing this action, Dominion shall inform the NRC that the action is complete by sending a letter to the Region I Administrator and shall make the report available to the NRC for review during an inspection. B. Items To Address Wrongdoing 1. Within 30 days of the date of the Confirmatory Order, Dominion shall communicate this issue to all personnel at Millstone and other Dominion Energy, Inc. nuclear sites. The communication (which may be verbal or via written communication) shall specify that falsification of records is unacceptable and shall also explain the specific actions staff are expected to take when unable to fulfill NRC requirements. Within 30 days of completing this action, Dominion shall inform the NRC that the action is complete by sending a letter to the Region I Administrator and shall make the content of the communication available to the NRC for review during an inspection. 2. Within 10 days of the date of the Confirmatory Order, Dominion shall ensure that Dominion’s records related to the former contract security officer’s entry in the Personnel Access Data System includes information related to this case. Within 10 days of completing this action, Dominion shall inform the PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 NRC that the action is complete by notifying the Chief, Plant Support Branch 1, NRC Region I via telephone. C. Items To Address Security Organization Weaknesses 1. Within 180 days of the date of the Confirmatory Order, Dominion shall perform an evaluation of its oversight of the security contract organization. The evaluation shall review reporting relationships, Licensee and contractor responsibilities for individual performance management, and the means in place to verify that regulatory requirements are being met. The evaluation shall consider what improvements can be made in these areas and specify any identified corrective actions. Within 30 days of completing this action, Dominion shall inform the NRC that the action is complete by sending a letter to the Region I Administrator and shall make the results of the evaluation available to the NRC for review during an inspection. 2. Within 90 days of completing the evaluation described in Item C.1, Dominion shall administer training to Dominion Security management staff at Millstone that focuses on roles and expectations for managing contractor staff and that reinforces Dominion’s responsibility for assuring regulatory compliance. Within 30 days of completing this action, Dominion shall inform the NRC that the action is complete by sending a letter to the Region I Administrator and shall make the training materials available to the NRC for review during an inspection. 3. Within 120 days of the date of this Confirmatory Order, Dominion shall administer a safety culture survey to the Millstone security organization. Prior to administering the survey, Dominion shall retain a safety culture expert, external to the Dominion Energy Inc. organization, to review Dominion’s root cause evaluation of this issue and evaluate the need to append to the survey additional questions to assess the current state of individual and organizational behaviors related to the root cause evaluation. The survey questions and results shall be retained by Dominion for one year after administration of the survey and shall be made available to the NRC for review during an inspection. 4. Within 240 days of the date of the Confirmatory Order, Dominion shall perform an organizational effectiveness evaluation of the Millstone security organization. The evaluation team shall be comprised of no more than 50% Dominion Energy Inc. nuclear employees, and the remaining E:\FR\FM\01DEN1.SGM 01DEN1 Federal Register / Vol. 82, No. 230 / Friday, December 1, 2017 / Notices sradovich on DSK3GMQ082PROD with NOTICES participants shall be from an outside organization (such as another utility or an industry group). The safety culture expert retained as described in Item C.3 shall be part of the evaluation team. The evaluation shall include a review of the results of the safety culture survey, including trending within the Millstone security organization and benchmarking with other Dominion Energy Inc. nuclear sites, along with the root cause evaluation, with particular emphasis on the traits of a healthy nuclear safety culture. It shall also include a review of the clarity for the security staff about lines of responsibility and reporting, and the performance and quality of how individual job performance results are evaluated, documented, and communicated. The evaluation shall result in an Action Plan that includes measures of effectiveness. Within 30 days of completing this action, Dominion shall inform the NRC that the action is complete by sending a letter to the Region I Administrator and shall make the results of the evaluation and a copy of the Action Plan available to the NRC for review during an inspection. D. Items To Address Armorer Function Weaknesses 1. Within 180 days of the date of the Confirmatory Order, Dominion shall evaluate its implementation of the Armorer function at Millstone. The evaluation shall include review of the staffing and responsibilities of the position, the methodology for tracking weapons maintenance status and activities, and supervisory involvement in verifying completion of required activities. The evaluation shall also include a comparison of Millstone’s weapons maintenance processes (including the process for performing functionality checks and the standards for identifying degradation) versus other Dominion Energy Inc. nuclear sites and a sample of non-Dominion Energy Inc. nuclear sites. The evaluation shall identify best practices and consider any changes needed at Millstone and specify any identified corrective actions. Within 30 days of completing this action, Dominion shall inform the NRC that the action is complete by sending a letter to the Region I Administrator and shall make the results of the evaluation available to the NRC for review during an inspection. 2. Within 90 days of completing the evaluation described in Item D.1, Dominion shall communicate (which may be verbal or in writing) to Dominion Security management staff at Millstone the results of the evaluation and any completed or pending VerDate Sep<11>2014 16:44 Nov 30, 2017 Jkt 244001 57007 corrective actions. Within 30 days of completing this action, Dominion shall inform the NRC that the action is complete by sending a letter to the Region I Administrator and shall make the content of the communication available to the NRC for review during an inspection. the NRC that the action is complete by sending a letter to the Region I Administrator and shall make the presentation materials available to the NRC for one year after the presentation for review during an inspection. E. Items To Address Weapons Accountability Process Weaknesses 1. Within 180 days of the date of the Confirmatory Order, Dominion shall review its process for performing and recording in-service and out-of-service weapons inventory. The review shall include a comparison of Millstone’s process versus other Dominion Energy Inc. nuclear sites and a sample of nonDominion Energy Inc. nuclear sites. The evaluation shall identify best practices and consider any changes needed at Millstone and specify any identified corrective actions. Within 30 days of completing this action, Dominion shall inform the NRC that the action is complete by sending a letter to the Region I Administrator and shall make the results of the evaluation available to the NRC for review during an inspection. 1. In consideration of the above actions, the NRC agrees not to pursue any further enforcement action (including issuance of a civil penalty) relating to the notice of apparent violations (Case no. EA–17–077, Inspection Report Nos. 05000336/ 2017405 & 05000423/2017405, Office of Investigations Report No. 1–2016–019), dated July 20, 2017. 2. The NRC agrees that the Confirmatory Order documenting the above items will not be considered an escalated enforcement action by the NRC for future assessment of violations occurring at Millstone Power Station Units 2 and 3. 3. In the event of the transfer of the operating licenses of Millstone Power Station Units 2 and 3 to another entity, the commitments hereunder shall survive any transfer of ownership and will be binding on the new Licensee. On November 13, 2017, Dominion consented to issuing this Order with the commitments, as described in Section V below. Dominion further agreed that this Order is to be effective upon issuance, the agreement memorialized in this Confirmatory Order settles the matter between the parties, and that it has waived its right to a hearing. F. Effectiveness Reviews 1. Within 90 days of the date of the Confirmatory Order, Dominion shall complete the first of four quarterly reviews of the effectiveness of the weapons maintenance program and of the corrective actions implemented in response to this issue. Within 30 days of completing the first such review, Dominion shall inform the NRC of the completion of the review by sending a letter to the Region I Administrator. 2. The effectiveness reviews discussed in Item F.1 shall be conducted by a team that includes an individual from outside the Dominion Energy Inc. nuclear fleet. For a period of one year after completion of the fourth review, the documented effectiveness reviews shall be made available to the NRC for review during an inspection. G. External Communication 1. By December 31, 2019, Dominion shall discuss this issue, including the results of all of the above-listed evaluations and resulting corrective actions, to the following industry working groups: (a) The Nuclear Security Working Group; and (b) the 2019 National Nuclear Security Conference. The discussion shall include reference to any identified organizational weaknesses that Dominion determined contributed to the issue. Within 30 days of completing each discussion, Dominion shall inform PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 H. Items to Which the NRC Has Agreed IV I find that Dominion’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 Dominion’s commitments be confirmed by this Confirmatory Order. Based on the above and Dominion’s consent, this Confirmatory Order is effective upon issuance. V Accordingly, pursuant to Sections 104b, 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 50 and 10 CFR part 73, IT IS HEREBY ORDERED, EFFECTIVE UPON ISSUANCE, THAT LICENSE NO. DPR– 65 AND LICENSE NO. NPF–49 ARE MODIFIED AS FOLLOWS: E:\FR\FM\01DEN1.SGM 01DEN1 57008 Federal Register / Vol. 82, No. 230 / Friday, December 1, 2017 / Notices A. Items To Assure Restoration of Compliance 1. Within 30 days of the date of the Confirmatory Order, Dominion shall prepare a full inventory of all in-service and out-of-service weapons on-site. Within 30 days of completing this action, Dominion shall inform the NRC that the action is complete by sending a letter to the Region I Administrator and shall make the inventory list available to the NRC for review during an inspection. 2. Within 30 days of the date of the Confirmatory Order, Dominion shall prepare a report of the maintenance status of all in-service weapons that are on-site as of the date of the Confirmatory Order. The report shall specify the dates on which each weapon was last test-fired, cleaned, serviced, and inspected. Within 30 days of completing this action, Dominion shall inform the NRC that the action is complete by sending a letter to the Region I Administrator and shall make the report available to the NRC for review during an inspection. B. Items To Address Wrongdoing sradovich on DSK3GMQ082PROD with NOTICES 1. Within 30 days of the date of the Confirmatory Order, Dominion shall communicate this issue to all personnel at Millstone and other Dominion Energy Inc. nuclear sites. The communication (which may be verbal or via written communication) shall specify that falsification of records is unacceptable and shall also explain the specific actions staff are expected to take when unable to fulfill NRC requirements. Within 30 days of completing this action, Dominion shall inform the NRC that the action is complete by sending a letter to the Region I Administrator and shall make the content of the communication available to the NRC for review during an inspection. 2. Within 10 days of the date of the Confirmatory Order, Dominion shall ensure that Dominion’s records related to the former contract security officer’s entry in the Personnel Access Data System includes information related to this case. Within 10 days of completing this action, Dominion shall inform the NRC that the action is complete by notifying the Chief, Plant Support Branch 1, NRC Region I via telephone. C. Items To Address Security Organization Weaknesses 1. Within 180 days of the date of the Confirmatory Order, Dominion shall perform an evaluation of its oversight of the security contract organization. The evaluation shall review reporting relationships, Licensee and contractor VerDate Sep<11>2014 16:44 Nov 30, 2017 Jkt 244001 responsibilities for individual performance management, and the means in place to verify that regulatory requirements are being met. The evaluation shall consider what improvements can be made in these areas and specify any identified corrective actions. Within 30 days of completing this action, Dominion shall inform the NRC that the action is complete by sending a letter to the Region I Administrator and shall make the results of the evaluation available to the NRC for review during an inspection. 2. Within 90 days of completing the evaluation described in Item C.1, Dominion shall administer training to Dominion Security management staff at Millstone that focuses on roles and expectations for managing contractor staff and that reinforces Dominion’s responsibility for assuring regulatory compliance. Within 30 days of completing this action, Dominion shall inform the NRC that the action is complete by sending a letter to the Region I Administrator and shall make the training materials available to the NRC for review during an inspection. 3. Within 120 days of the date of this Confirmatory Order, Dominion shall administer a safety culture survey to the Millstone security organization. Prior to administering the survey, Dominion shall retain a safety culture expert, external to the Dominion Energy Inc. organization, to review Dominion’s root cause evaluation of this issue and evaluate the need to append to the survey additional questions to assess the current state of individual and organizational behaviors related to the root cause evaluation. The survey questions and results shall be retained by Dominion for one year after administration of the survey and shall be made available to the NRC for review during an inspection. 4. Within 240 days of the date of the Confirmatory Order, Dominion shall perform an organizational effectiveness evaluation of the Millstone security organization. The evaluation team shall be comprised of no more than 50% Dominion Energy Inc. nuclear employees, and the remaining participants shall be from an outside organization (such as another utility or an industry group). The safety culture expert retained as described in Item C.3 shall be part of the evaluation team. The evaluation shall include a review of the results of the safety culture survey, including trending within the Millstone security organization and benchmarking with other Dominion Energy Inc. nuclear sites, along with the root cause evaluation, with particular emphasis on PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 the traits of a healthy nuclear safety culture. It shall also include a review of the clarity for the security staff about lines of responsibility and reporting, and the performance and quality of how individual job performance results are evaluated, documented, and communicated. The evaluation shall result in an Action Plan that includes measures of effectiveness. Within 30 days of completing this action, Dominion shall inform the NRC that the action is complete by sending a letter to the Region I Administrator and shall make the results of the evaluation and a copy of the Action Plan available to the NRC for review during an inspection. 5. Items To Address Armorer Function Weaknesses 1. Within 180 days of the date of the Confirmatory Order, Dominion shall evaluate its implementation of the Armorer function at Millstone. The evaluation shall include review of the staffing and responsibilities of the position, the methodology for tracking weapons maintenance status and activities, and supervisory involvement in verifying completion of required activities. The evaluation shall also include a comparison of Millstone’s weapons maintenance processes (including the process for performing functionality checks and the standards for identifying degradation) versus other Dominion Energy Inc. nuclear sites and a sample of non-Dominion Energy Inc. nuclear sites. The evaluation shall identify best practices and consider any changes needed at Millstone and specify any identified corrective actions. Within 30 days of completing this action, Dominion shall inform the NRC that the action is complete by sending a letter to the Region I Administrator and shall make the results of the evaluation available to the NRC for review during an inspection. 2. Within 90 days of completing the evaluation described in Item D.1, Dominion shall communicate (which may be verbal or in writing) to Dominion Security management staff at Millstone the results of the evaluation and any completed or pending corrective actions. Within 30 days of completing this action, Dominion shall inform the NRC that the action is complete by sending a letter to the Region I Administrator and shall make the content of the communication available to the NRC for review during an inspection. E:\FR\FM\01DEN1.SGM 01DEN1 Federal Register / Vol. 82, No. 230 / Friday, December 1, 2017 / Notices D. Items To Address Weapons Accountability Process Weaknesses 1. Within 180 days of the date of the Confirmatory Order, Dominion shall review its process for performing and recording in-service and out-of-service weapons inventory. The review shall include a comparison of Millstone’s process versus other Dominion Energy Inc. nuclear sites and a sample of nonDominion Energy Inc. nuclear sites. The evaluation shall identify best practices and consider any changes needed at Millstone and specify any identified corrective actions. Within 30 days of completing this action, Dominion shall inform the NRC that the action is complete by sending a letter to the Region I Administrator and shall make the results of the evaluation available to the NRC for review during an inspection. E. Effectiveness Reviews 1. Within 90 days of the date of the Confirmatory Order, Dominion shall complete the first of four quarterly reviews of the effectiveness of the weapons maintenance program and of the corrective actions implemented in response to this issue. Within 30 days of completing the first such review, Dominion shall inform the NRC of the completion of the review by sending a letter to the Region I Administrator. 2. The effectiveness reviews discussed in Item F.1 shall be conducted by a team that includes an individual from outside the Dominion Energy Inc. nuclear fleet. For a period of one year after completion of the fourth review, the documented effectiveness reviews shall be made available to the NRC for review during an inspection. sradovich on DSK3GMQ082PROD with NOTICES F. External Communication 1. By December 31, 2019, Dominion shall discuss this issue, including the results of all of the above-listed evaluations and resulting corrective actions, to the following industry working groups: (a) The Nuclear Security Working Group; and (b) the 2019 National Nuclear Security Conference. The discussion shall include reference to any identified organizational weaknesses that Dominion determined contributed to the issue. Within 30 days of completing each discussion, Dominion shall inform the NRC that the action is complete by sending a letter to the Region I Administrator and shall make the presentation materials available to the NRC for one year after the presentation for review during an inspection. In the event of the transfer of the operating licenses of Millstone Power VerDate Sep<11>2014 16:44 Nov 30, 2017 Jkt 244001 Station Units 2 and 3 to another entity, the commitments set forth hereunder shall continue to apply to the new entity and accordingly survive any transfer of ownership or license. The Regional Administrator, Region I may, in writing, relax or rescind any of the above conditions upon demonstration by the Licensee of good cause. VI In accordance with 10 CFR 2.202 and 10 CFR 2.309, any person adversely affected by this Confirmatory Order, other than Dominion, may request a hearing within thirty (30) calendar days of the date of issuance of this Confirmatory Order. 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 made in writing to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555, 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 (hereinafter ‘‘petition’’), and documents filed by interested governmental entities participating under 10 CFR 2.315(c), must be filed in accordance with the NRC’s E-Filing rule (72 FR 49139; August 28, 2007, as amended at 77 FR 46562, August 3, 2012). 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 email at hearing.docket@nrc.gov, or by telephone at 301–415–1677, to (1) request a digital identification (ID) certificate, which allows the participant (or its counsel or representative) to digitally sign submissions and access the E-Filing system for any proceeding in which it is participating; and (2) advise the Secretary that the participant will be submitting a petition or other adjudicatory document (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 PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 57009 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 the NRC’s public Web site at https:// www.nrc.gov/site-help/e-submittals/ getting-started.html. Once a participant has obtained a digital ID certificate and a docket has been created, the participant can then submit adjudicatory documents. Submissions must be in Portable Document Format (PDF). Additional guidance on PDF submissions is available on the NRC’s public Web site at https://www.nrc.gov/ site-help/electronic-sub-ref-mat.html. A filing is considered complete at the time the document is 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 EFiling system time-stamps the document and sends the submitter an email notice confirming receipt of the document. The E-Filing system also distributes an email notice that provides access to the document to the NRC’s 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 document on those participants separately. Therefore, applicants and other participants (or their counsel or representative) must apply for and receive a digital ID certificate before adjudicatory documents are filed so that they can obtain access to the documents via the E-Filing system. A person filing electronically using the NRC’s adjudicatory E-Filing system may seek assistance by contacting the NRC’s Electronic Filing Help Desk through the ‘‘Contact Us’’ link located on the NRC’s Public Web site at https:// www.nrc.gov/site-help/esubmittals.html, by email to MSHD.Resource@nrc.gov, or by a tollfree call at 1–866–672–7640. The NRC Electronic Filing Help Desk is available between 9 a.m. and 6 p.m., Eastern Time, Monday through Friday, excluding government holidays. Participants who believe that they have 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 stating why there is good cause for not filing electronically and 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. E:\FR\FM\01DEN1.SGM 01DEN1 sradovich on DSK3GMQ082PROD with NOTICES 57010 Federal Register / Vol. 82, No. 230 / Friday, December 1, 2017 / Notices 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, 11555 Rockville Pike, Rockville, Maryland, 20852, Attention: Rulemaking and Adjudications Staff. Participants filing adjudicatory documents 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 the NRC’s electronic hearing docket which is available to the public at https:// adams.nrc.gov/ehd, unless excluded pursuant to an Order of the Commission or the presiding officer. If you do not have an NRC-issued digital ID certificate as described above, click ‘‘Cancel’’ when the link requests certificates and you will be automatically directed to the NRC’s electronic hearing dockets where you will be able to access any publiclyavailable documents in a particular hearing docket. Participants are requested not to include personal privacy information, such as social security numbers, home addresses, or personal phone numbers in their filings, unless an NRC regulation or other law requires submission of such information. For example, in some instances, individuals provide home addresses in order to demonstrate proximity to a facility or site. 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. The Commission will issue a notice or order granting or denying a hearing request or intervention petition, designating the issues for any hearing that will be held and designating the Presiding Officer. A notice granting a hearing will be published in the Federal Register and served on the parties prior to the hearing. If a person (other than Dominion) requests a hearing, that person shall set forth with particularity the manner in which his interest is adversely affected VerDate Sep<11>2014 16:44 Nov 30, 2017 Jkt 244001 by this Confirmatory Order and shall address the criteria set forth in 10 CFR 2.309(d) and (f). If a 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. 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 30 days from the date of this Confirmatory Order 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. For the Nuclear Regulatory Commission Dated this 21st day of November, 2017. Daniel H. Dorman, Regional Administrator. [FR Doc. 2017–25866 Filed 11–30–17; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket Nos. 52–025 and 52–026; NRC– 2008–0252] Southern Nuclear Operating Company, Inc., Vogtle Electric Generating Plant, Units 3 and 4; Consistency Update to the Raceway Separation Requirements in the Main Control Room and Remote Shutdown Room Nuclear Regulatory Commission. ACTION: Exemption and combined license amendment; issuance. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is granting an exemption to allow a departure from the certification information of Tier 1 of the generic design control document (DCD) and is issuing License Amendment Nos. 88 and 87 to Combined Licenses (COL), NPF–91 and NPF–92, for the Vogtle Electric Generating Plant (VEGP) Units 3 and 4, respectively. The COLs were issued to Southern Nuclear Operating Company, Inc., and Georgia Power Company, Oglethorpe Power Corporation, MEAG Power SPVM, LLC, MEAG Power SPVJ, LLC, MEAG Power SPVP, LLC, Authority of Georgia, and the City of Dalton, Georgia (the licensee); for construction and operation of the VEGP Units 3 and 4, located in Burke County, Georgia. SUMMARY: PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 The granting of the exemption allows the changes to Tier 1 information asked for in the amendment. Because the acceptability of the exemption was determined in part by the acceptability of the amendment, the exemption and amendment are being issued concurrently. DATES: The exemption and amendment were issued on September 27, 2017. ADDRESSES: Please refer to Docket ID NRC–2008–0252 when contacting the NRC about the availability of information regarding this document. You may access information related to this document, which the NRC possesses and is publicly-available, using any of the following methods: • Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC–2008–0252. Address questions about NRC dockets to Carol Gallagher; telephone: 301–415–3463; email: Carol.Gallagher@nrc.gov. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may obtain publiclyavailable documents online in the ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/ adams.html. To begin the search, select ‘‘ADAMS Public Documents’’ and then select ‘‘Begin Web-based ADAMS Search.’’ For problems with ADAMS, please contact the NRC’s Public Document Room (PDR) reference staff at 1–800–397–4209, 301–415–4737, or by email to pdr.resource@nrc.gov. The ADAMS accession number for each document referenced (if it is available in ADAMS) is provided the first time that it is mentioned in this document. The request for the amendment and exemption was submitted by letter dated March 8, 2017 (ADAMS Accession No. ML17067A517). • NRC’s PDR: You may examine and purchase copies of public documents at the NRC’s PDR, Room O1–F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. FOR FURTHER INFORMATION CONTACT: William (Billy) Gleaves, Office of New Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001; telephone: 301–415–5848; email: Bill.Gleaves@nrc.gov. SUPPLEMENTARY INFORMATION: I. Introduction The NRC is granting an exemption from paragraph B of section III, ‘‘Scope and Contents,’’ of appendix D, ‘‘Design Certification Rule for the AP1000,’’ to E:\FR\FM\01DEN1.SGM 01DEN1

Agencies

NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 82, Number 230 (Friday, December 1, 2017)]
[Notices]
[Pages 57004-57010]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-25866]

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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-336 and 50-423; License Nos. DPR-65 and NPF-49; EA-17-
077; NRC-2017-0224]

Dominion Energy Nuclear Connecticut, Inc.; Millstone Power
Station

AGENCY: Nuclear Regulatory Commission.

ACTION: Confirmatory order; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a
Confirmatory Order to Dominion Energy Nuclear Connecticut, Inc.
(Dominion) to memorialize the agreement reached during an alternative
dispute resolution mediation session held on September 20, 2017. This
Order will resolve the issue that was identified during an NRC
investigation of actions by a (former) contractor security officer at
Dominion's Millstone Power Station whom the NRC determined did not: (1)
Perform required maintenance of site weapons; and (2) properly conduct
monthly inventories of out of service weapons. The Confirmatory Order
is effective upon issuance.

DATES: The Order was issued on November 21, 2017.

ADDRESSES: Please refer to Docket ID NRC-2017-0224 when contacting the
NRC about the availability of information regarding this document. You
may obtain publicly-available information related to this document
using any of the following methods:
Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2017-0224. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: Carol.Gallagher@nrc.gov. For technical questions, contact
the individual(s) listed in the FOR FURTHER INFORMATION CONTACT section
of this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly-available documents online in the

[[Page 57005]]

ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS,
please contact the NRC's Public Document Room (PDR) reference staff at
1-800-397-4209, 301-415-4737, or by email to pdr.resource@nrc.gov. The
ADAMS accession number for each document referenced (if it is available
in ADAMS) is provided the first time that it is mentioned in this
document.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: Marjorie M. McLaughlin, Region I, U.S.
Nuclear Regulatory Commission, 2100 Renaissance Blvd. King of Prussia,
PA 19140; telephone: 610-337-5240, email: Marjorie.Mclaughlin@nrc.gov.

SUPPLEMENTARY INFORMATION: The text of the Order is attached.

Dated at Rockville, Maryland, this 21st day of November 2017.

For the Nuclear Regulatory Commission.
Daniel H. Dorman,
Regional Administrator.

United States of America

Nuclear Regulatory Commission

In the Matter of: Dominion Energy Nuclear Connecticut, Inc.

Docket Nos. 05000336 & 05000423

License Nos. DPR-65 and NPF-49

EA-17-077

Confirmatory Order
(Effective Immediately)

Dominion Nuclear Connecticut, Inc. (Dominion) \1\ is the holder of
operating reactor License No. DPR-65 issued by the Nuclear Regulatory
Commission (NRC) pursuant to 10 CFR part 50 on September 26, 1975, and
renewed on November 28, 2005, and NPF-49 issued by the NRC pursuant to
10 CFR part 50 on January 31, 1986, and renewed on November 28, 2005.
The licenses authorize the operation of Millstone Power Station Units 2
and 3 (Millstone) in accordance with conditions specified therein.
Millstone is located on the Licensee's site in Waterford, Connecticut.
---------------------------------------------------------------------------

\1\ In a letter dated June 15, 2017 (ML17171A232), Dominion
Nuclear Connecticut, Inc. notified the NRC that the company was
changing its name to Dominion Energy Nuclear Connecticut, Inc., and
requested that the NRC amend the Millstone operating licenses to
reflect this change. The amendment request is currently under review
by the NRC. The commitments in this Order apply to the entity that
owns the licensed facilities, regardless of the entity's name.
---------------------------------------------------------------------------

This Confirmatory Order is the result of an agreement reached
during an Alternative Dispute Resolution (ADR) mediation session
conducted on September 20, 2017.

On August 31, 2016, the NRC Office of Investigations (OI), Region I
Field Office opened an investigation (OI Case No. 1-2016-019) to
evaluate whether a contract security officer working for G4S Secure
Solutions USA, Inc. as an Armorer at Millstone deliberately failed to
perform assigned duties pertaining to the accountability, testing, and
maintenance of site response weapons and falsified related records. The
investigation was completed on April 27, 2017, and the results
documented in OI Report No. 1-2016-019. Based on the evidence developed
during the investigation, the NRC concluded that the contract security
officer: (1) Deliberately failed to perform assigned duties pertaining
to the testing, maintenance, and accountability of site response
weapons; and (2) deliberately falsified related records.
Specifically, OI identified numerous discrepancies on a number of
weapons maintenance records from between January 2015 and June 2016,
where the contract security officer indicated that (s)he had performed
test-firing, cleaning, or maintenance activities for weapons on dates
when (s)he, in fact, either had not worked or had not accessed the site
Protected Area to retrieve the weapons from their staged locations.
The contract security officer indicated to OI that (s)he had been
unable to keep up with his/her increasing workload, which led to his/
her decision to not perform required tasks and to falsify related
records. The contract officer testified to OI that (s)he had requested
help with the Armorer function. The contract officer admitted to OI
that (s)he had falsified some records to indicate that (s)he was
meeting the required maintenance timeframes, without having performed
the maintenance activities. The contract officer stated that (s)he
usually performed the maintenance at some later point, but admitted
that this may not have always happened. OI concluded that the contract
officer deliberately failed to perform the required activities during
this timeframe and created false records to indicate that (s)he had
performed them.
OI also identified discrepancies with the out-of-service weapons
inventory records for January 2016, March 2016, April 2016, and May
2016. Specifically, OI identified that the recorded dates on which the
January, March, and April inventories were completed were dates on
which the contract security officer did not work. Additionally, OI
identified that the April and May inventories listed weapons as being
present at Millstone that were no longer on site.
The contract security officer testified to OI that (s)he must have
made a mistake when (s)he documented the wrong dates. The contract
officer also acknowledged to OI that (s)he had not individually
reviewed the serial numbers of all out-of-service weapons when
conducting the inventories and had just assumed the weapons were still
onsite. The contract officer said this assumption had been based on the
fact that the weapons had been packaged for shipment, and had been
stored in a locked room to which only the contract officer possessed a
key. However, the contract officer was the individual who had
transported the weapons offsite, and should have known that they were
no longer there. The contract officer acknowledged to OI that (s)he
should have taken the time to account for the weapons that had already
been transferred, but that (s)he had not done that. OI concluded that
the contract officer deliberately failed to perform the inventories for
those months and created false records when (s)he prepared the
inventory logs.
The NRC determined that the contract security officer's deliberate
actions caused Dominion to be in violation of 10 CFR 73, Appendix B,
Section VI.G, ``Weapons, Personal Equipment, and Maintenance,'' and the
Millstone Security Plan. Specifically, 10 CFR 73, Appendix B, Section
VI.G, ``Weapons, Personal Equipment, and Maintenance,'' Section 3(a),
``Firearms maintenance program,'' requires that each licensee shall
implement a firearms maintenance and accountability program in
accordance with the Commission regulations and the Commission-approved
training and qualification plan. The Millstone Training and
Qualification Plan is Appendix B to the site's Physical Security Plan.
Section 20, ``Maintenance, Testing, and Calibration,'' part 20.5,
``Firearms,'' states that a testing and maintenance program for all
assigned firearms is established to ensure that the firearms and
related accessories function as intended. The program is described in
facility procedures. In particular, Dominion Security General Order GO-
MP-0215, Rev. 5, ``Weapons Maintenance Program,'' constitutes the

[[Page 57006]]

Millstone facility procedure for the testing, cleaning, and inspecting
of security weapons, and requires that: all in-service weapons assigned
to Millstone will be test fired on a semi-annual basis; weapons
cleaning and maintenance shall occur after all test firing and also
semi-annually by the Armorer; and the Armorer shall perform semi-annual
weapons inspections. Additionally, Dominion Security General Order GO-
MP-0202, Rev. 0, ``Out of Service Weapons and Ammunition
Accountability,'' constitutes the Millstone facility procedure for
ensuring the accurate accountability of out of service weapons,
magazines, and ammunition, and requires that the Armorer perform a
monthly accountability of all out of service firearms, magazines, and
ammunition.
The NRC determined that the contract security officer's deliberate
actions also caused Dominion to be in violation of 10 CFR 50.9, which
requires, in part, that information required by the Commission's
regulations, orders, or license conditions to be maintained by the
licensee shall be complete and accurate in all material respects.
Specifically, 10 CFR 73.70(e) requires that nuclear power reactor
licensees shall keep documentation of all tests, inspections, and
maintenance performed on required security related equipment for three
years from the date of documenting the event. Information related to
tests, inspections, and maintenance performed on weapons is material to
the NRC because it is relied upon as documentation that they are in
acceptable working condition. Information relating to the
accountability of out of service weapons is material to the NRC because
the proper accounting of weapons helps to ensure that these items have
not been stolen or misplaced such that they could be used to defeat the
Licensee's protective strategy.
By letter dated July 20, 2017, the NRC notified the Licensee of the
results of the investigation with an opportunity to: (1) Provide a
response in writing; (2) attend a pre-decisional enforcement
conference; or (3) participate in an ADR mediation session in an effort
to resolve these concerns.
In response to the NRC's offer, the Licensee requested the use of
the NRC's ADR process. On September 20, 2017, the NRC and the Licensee
met in an ADR session mediated by a professional mediator, arranged
through Cornell University's Institute on Conflict Resolution. The ADR
process is one in which a neutral mediator, with no decision-making
authority, assists the parties in reaching an agreement on resolving
any differences regarding the dispute. This Confirmatory Order is
issued pursuant to the agreement reached during the ADR process.

III

During the ADR session, the Licensee and the NRC reached a
preliminary settlement agreement. The elements of the agreement include
the following:

A. Items To Assure Restoration of Compliance

1. Within 30 days of the date of the Confirmatory Order, Dominion
shall prepare a full inventory of all in-service and out-of-service
weapons on-site. Within 30 days of completing this action, Dominion
shall inform the NRC that the action is complete by sending a letter to
the Region I Administrator and shall make the inventory list available
to the NRC for review during an inspection.
2. Within 30 days of the date of the Confirmatory Order, Dominion
shall prepare a report of the maintenance status of all in-service
weapons that are on-site as of the date of the Confirmatory Order. The
report shall specify the dates on which each weapon was last test-
fired, cleaned, serviced, and inspected. Within 30 days of completing
this action, Dominion shall inform the NRC that the action is complete
by sending a letter to the Region I Administrator and shall make the
report available to the NRC for review during an inspection.

B. Items To Address Wrongdoing

1. Within 30 days of the date of the Confirmatory Order, Dominion
shall communicate this issue to all personnel at Millstone and other
Dominion Energy, Inc. nuclear sites. The communication (which may be
verbal or via written communication) shall specify that falsification
of records is unacceptable and shall also explain the specific actions
staff are expected to take when unable to fulfill NRC requirements.
Within 30 days of completing this action, Dominion shall inform the NRC
that the action is complete by sending a letter to the Region I
Administrator and shall make the content of the communication available
to the NRC for review during an inspection.
2. Within 10 days of the date of the Confirmatory Order, Dominion
shall ensure that Dominion's records related to the former contract
security officer's entry in the Personnel Access Data System includes
information related to this case. Within 10 days of completing this
action, Dominion shall inform the NRC that the action is complete by
notifying the Chief, Plant Support Branch 1, NRC Region I via
telephone.

C. Items To Address Security Organization Weaknesses

[[Page 57007]]

participants shall be from an outside organization (such as another
utility or an industry group). The safety culture expert retained as
described in Item C.3 shall be part of the evaluation team. The
evaluation shall include a review of the results of the safety culture
survey, including trending within the Millstone security organization
and benchmarking with other Dominion Energy Inc. nuclear sites, along
with the root cause evaluation, with particular emphasis on the traits
of a healthy nuclear safety culture. It shall also include a review of
the clarity for the security staff about lines of responsibility and
reporting, and the performance and quality of how individual job
performance results are evaluated, documented, and communicated. The
evaluation shall result in an Action Plan that includes measures of
effectiveness. Within 30 days of completing this action, Dominion shall
inform the NRC that the action is complete by sending a letter to the
Region I Administrator and shall make the results of the evaluation and
a copy of the Action Plan available to the NRC for review during an
inspection.

D. Items To Address Armorer Function Weaknesses

1. Within 180 days of the date of the Confirmatory Order, Dominion
shall evaluate its implementation of the Armorer function at Millstone.
The evaluation shall include review of the staffing and
responsibilities of the position, the methodology for tracking weapons
maintenance status and activities, and supervisory involvement in
verifying completion of required activities. The evaluation shall also
include a comparison of Millstone's weapons maintenance processes
(including the process for performing functionality checks and the
standards for identifying degradation) versus other Dominion Energy
Inc. nuclear sites and a sample of non-Dominion Energy Inc. nuclear
sites. The evaluation shall identify best practices and consider any
changes needed at Millstone and specify any identified corrective
actions. Within 30 days of completing this action, Dominion shall
inform the NRC that the action is complete by sending a letter to the
Region I Administrator and shall make the results of the evaluation
available to the NRC for review during an inspection.
2. Within 90 days of completing the evaluation described in Item
D.1, Dominion shall communicate (which may be verbal or in writing) to
Dominion Security management staff at Millstone the results of the
evaluation and any completed or pending corrective actions. Within 30
days of completing this action, Dominion shall inform the NRC that the
action is complete by sending a letter to the Region I Administrator
and shall make the content of the communication available to the NRC
for review during an inspection.

E. Items To Address Weapons Accountability Process Weaknesses

1. Within 180 days of the date of the Confirmatory Order, Dominion
shall review its process for performing and recording in-service and
out-of-service weapons inventory. The review shall include a comparison
of Millstone's process versus other Dominion Energy Inc. nuclear sites
and a sample of non-Dominion Energy Inc. nuclear sites. The evaluation
shall identify best practices and consider any changes needed at
Millstone and specify any identified corrective actions. Within 30 days
of completing this action, Dominion shall inform the NRC that the
action is complete by sending a letter to the Region I Administrator
and shall make the results of the evaluation available to the NRC for
review during an inspection.

F. Effectiveness Reviews

1. Within 90 days of the date of the Confirmatory Order, Dominion
shall complete the first of four quarterly reviews of the effectiveness
of the weapons maintenance program and of the corrective actions
implemented in response to this issue. Within 30 days of completing the
first such review, Dominion shall inform the NRC of the completion of
the review by sending a letter to the Region I Administrator.
2. The effectiveness reviews discussed in Item F.1 shall be
conducted by a team that includes an individual from outside the
Dominion Energy Inc. nuclear fleet. For a period of one year after
completion of the fourth review, the documented effectiveness reviews
shall be made available to the NRC for review during an inspection.

G. External Communication

H. Items to Which the NRC Has Agreed

1. In consideration of the above actions, the NRC agrees not to
pursue any further enforcement action (including issuance of a civil
penalty) relating to the notice of apparent violations (Case no. EA-17-
077, Inspection Report Nos. 05000336/2017405 & 05000423/2017405, Office
of Investigations Report No. 1-2016-019), dated July 20, 2017.
2. The NRC agrees that the Confirmatory Order documenting the above
items will not be considered an escalated enforcement action by the NRC
for future assessment of violations occurring at Millstone Power
Station Units 2 and 3.
3. In the event of the transfer of the operating licenses of
Millstone Power Station Units 2 and 3 to another entity, the
commitments hereunder shall survive any transfer of ownership and will
be binding on the new Licensee.
On November 13, 2017, Dominion consented to issuing this Order with
the commitments, as described in Section V below. Dominion further
agreed that this Order is to be effective upon issuance, the agreement
memorialized in this Confirmatory Order settles the matter between the
parties, and that it has waived its right to a hearing.

I find that Dominion'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
Dominion's commitments be confirmed by this Confirmatory Order. Based
on the above and Dominion's consent, this Confirmatory Order is
effective upon issuance.

Accordingly, pursuant to Sections 104b, 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 50 and 10 CFR part 73, IT
IS HEREBY ORDERED, EFFECTIVE UPON ISSUANCE, THAT LICENSE NO. DPR-65 AND
LICENSE NO. NPF-49 ARE MODIFIED AS FOLLOWS:

[[Page 57008]]

A. Items To Assure Restoration of Compliance

B. Items To Address Wrongdoing

1. Within 30 days of the date of the Confirmatory Order, Dominion
shall communicate this issue to all personnel at Millstone and other
Dominion Energy Inc. nuclear sites. The communication (which may be
verbal or via written communication) shall specify that falsification
of records is unacceptable and shall also explain the specific actions
staff are expected to take when unable to fulfill NRC requirements.
Within 30 days of completing this action, Dominion shall inform the NRC
that the action is complete by sending a letter to the Region I
Administrator and shall make the content of the communication available
to the NRC for review during an inspection.
2. Within 10 days of the date of the Confirmatory Order, Dominion
shall ensure that Dominion's records related to the former contract
security officer's entry in the Personnel Access Data System includes
information related to this case. Within 10 days of completing this
action, Dominion shall inform the NRC that the action is complete by
notifying the Chief, Plant Support Branch 1, NRC Region I via
telephone.

C. Items To Address Security Organization Weaknesses

1. Within 180 days of the date of the Confirmatory Order, Dominion
shall perform an evaluation of its oversight of the security contract
organization. The evaluation shall review reporting relationships,
Licensee and contractor responsibilities for individual performance
management, and the means in place to verify that regulatory
requirements are being met. The evaluation shall consider what
improvements can be made in these areas and specify any identified
corrective actions. Within 30 days of completing this action, Dominion
shall inform the NRC that the action is complete by sending a letter to
the Region I Administrator and shall make the results of the evaluation
available to the NRC for review during an inspection.
2. Within 90 days of completing the evaluation described in Item
C.1, Dominion shall administer training to Dominion Security management
staff at Millstone that focuses on roles and expectations for managing
contractor staff and that reinforces Dominion's responsibility for
assuring regulatory compliance. Within 30 days of completing this
action, Dominion shall inform the NRC that the action is complete by
sending a letter to the Region I Administrator and shall make the
training materials available to the NRC for review during an
inspection.
3. Within 120 days of the date of this Confirmatory Order, Dominion
shall administer a safety culture survey to the Millstone security
organization. Prior to administering the survey, Dominion shall retain
a safety culture expert, external to the Dominion Energy Inc.
organization, to review Dominion's root cause evaluation of this issue
and evaluate the need to append to the survey additional questions to
assess the current state of individual and organizational behaviors
related to the root cause evaluation. The survey questions and results
shall be retained by Dominion for one year after administration of the
survey and shall be made available to the NRC for review during an
inspection.
4. Within 240 days of the date of the Confirmatory Order, Dominion
shall perform an organizational effectiveness evaluation of the
Millstone security organization. The evaluation team shall be comprised
of no more than 50% Dominion Energy Inc. nuclear employees, and the
remaining participants shall be from an outside organization (such as
another utility or an industry group). The safety culture expert
retained as described in Item C.3 shall be part of the evaluation team.
The evaluation shall include a review of the results of the safety
culture survey, including trending within the Millstone security
organization and benchmarking with other Dominion Energy Inc. nuclear
sites, along with the root cause evaluation, with particular emphasis
on the traits of a healthy nuclear safety culture. It shall also
include a review of the clarity for the security staff about lines of
responsibility and reporting, and the performance and quality of how
individual job performance results are evaluated, documented, and
communicated. The evaluation shall result in an Action Plan that
includes measures of effectiveness. Within 30 days of completing this
action, Dominion shall inform the NRC that the action is complete by
sending a letter to the Region I Administrator and shall make the
results of the evaluation and a copy of the Action Plan available to
the NRC for review during an inspection.

5. Items To Address Armorer Function Weaknesses

[[Page 57009]]

D. Items To Address Weapons Accountability Process Weaknesses

E. Effectiveness Reviews

F. External Communication

1. By December 31, 2019, Dominion shall discuss this issue,
including the results of all of the above-listed evaluations and
resulting corrective actions, to the following industry working groups:
(a) The Nuclear Security Working Group; and (b) the 2019 National
Nuclear Security Conference. The discussion shall include reference to
any identified organizational weaknesses that Dominion determined
contributed to the issue. Within 30 days of completing each discussion,
Dominion shall inform the NRC that the action is complete by sending a
letter to the Region I Administrator and shall make the presentation
materials available to the NRC for one year after the presentation for
review during an inspection.
In the event of the transfer of the operating licenses of Millstone
Power Station Units 2 and 3 to another entity, the commitments set
forth hereunder shall continue to apply to the new entity and
accordingly survive any transfer of ownership or license. The Regional
Administrator, Region I may, in writing, relax or rescind any of the
above conditions upon demonstration by the Licensee of good cause.

In accordance with 10 CFR 2.202 and 10 CFR 2.309, any person
adversely affected by this Confirmatory Order, other than Dominion, may
request a hearing within thirty (30) calendar days of the date of
issuance of this Confirmatory Order. 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 made in writing to the
Director, Office of Enforcement, U.S. Nuclear Regulatory Commission,
Washington, DC 20555, 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 (hereinafter
``petition''), and documents filed by interested governmental entities
participating under 10 CFR 2.315(c), must be filed in accordance with
the NRC's E-Filing rule (72 FR 49139; August 28, 2007, as amended at 77
FR 46562, August 3, 2012). 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 email at hearing.docket@nrc.gov,
or by telephone at 301-415-1677, to (1) request a digital
identification (ID) certificate, which allows the participant (or its
counsel or representative) to digitally sign submissions and access the
E-Filing system for any proceeding in which it is participating; and
(2) advise the Secretary that the participant will be submitting a
petition or other adjudicatory document (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 the NRC's public Web site at https://www.nrc.gov/site-help/e-submittals/getting-started.html. Once a participant has obtained a
digital ID certificate and a docket has been created, the participant
can then submit adjudicatory documents. Submissions must be in Portable
Document Format (PDF). Additional guidance on PDF submissions is
available on the NRC's public Web site at https://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is considered complete at the
time the document is 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 email notice confirming receipt of the document. The
E-Filing system also distributes an email notice that provides access
to the document to the NRC's 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
document on those participants separately. Therefore, applicants and
other participants (or their counsel or representative) must apply for
and receive a digital ID certificate before adjudicatory documents are
filed so that they can obtain access to the documents via the E-Filing
system.
A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC's Electronic
Filing Help Desk through the ``Contact Us'' link located on the NRC's
Public Web site at https://www.nrc.gov/site-help/e-submittals.html, by
email to MSHD.Resource@nrc.gov, or by a toll-free call at 1-866-672-
7640. The NRC Electronic Filing Help Desk is available between 9 a.m.
and 6 p.m., Eastern Time, Monday through Friday, excluding government
holidays.
Participants who believe that they have 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
stating why there is good cause for not filing electronically and
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.

[[Page 57010]]

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, 11555
Rockville Pike, Rockville, Maryland, 20852, Attention: Rulemaking and
Adjudications Staff. Participants filing adjudicatory documents 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 the
NRC's electronic hearing docket which is available to the public at
https://adams.nrc.gov/ehd, unless excluded pursuant to an Order of the
Commission or the presiding officer. If you do not have an NRC-issued
digital ID certificate as described above, click ``Cancel'' when the
link requests certificates and you will be automatically directed to
the NRC's electronic hearing dockets where you will be able to access
any publicly-available documents in a particular hearing docket.
Participants are requested not to include personal privacy information,
such as social security numbers, home addresses, or personal phone
numbers in their filings, unless an NRC regulation or other law
requires submission of such information. For example, in some
instances, individuals provide home addresses in order to demonstrate
proximity to a facility or site. 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.
The Commission will issue a notice or order granting or denying a
hearing request or intervention petition, designating the issues for
any hearing that will be held and designating the Presiding Officer. A
notice granting a hearing will be published in the Federal Register and
served on the parties prior to the hearing.
If a person (other than Dominion) 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 a 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.
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 30 days from the date of
this Confirmatory Order 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.

For the Nuclear Regulatory Commission

Dated this 21st day of November, 2017.
Daniel H. Dorman,
Regional Administrator.
[FR Doc. 2017-25866 Filed 11-30-17; 8:45 am]
BILLING CODE 7590-01-P

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