In the Matter of Duke Energy Progress, LLC; H. B. Robinson Steam Electric Plant, 14974-14979 [2020-05283]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 85, Number 51 (Monday, March 16, 2020)]
[Notices]
[Pages 14974-14979]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05283]


=======================================================================
-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-261; NRC-2020-0074]


In the Matter of Duke Energy Progress, LLC; H. B. Robinson Steam 
Electric Plant

AGENCY: Nuclear Regulatory Commission.

ACTION: Confirmatory order; issuance.

-----------------------------------------------------------------------

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) issued a 
confirmatory order (Order) to Duke Energy Progress, LLC (the licensee), 
confirming the agreement reached in an Alternative Dispute Resolution 
mediation session held on December 16, 2019. This Order will ensure the 
licensee restores compliance with NRC regulations. The Order is 
effective upon issuance.

DATES: The confirmatory order was issued on March 11, 2020.

ADDRESSES: Please refer to Docket ID NRC-2020-0074 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 Website: Go to https://www.regulations.gov and search for Docket ID NRC-2020-0074. Address 
questions about NRC docket IDs in Regulations.gov to Jennifer Borges; 
telephone: 301-287-9127; email: [email protected]. For technical 
questions, contact the individuals 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 
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, 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 [email protected]. 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: Donna Jackson, Region II, telephone: 
404-997-4892, email: [email protected]; and Mark Kowal, Region II, 
telephone: 404-997-4523, email: [email protected]. Both are staff of 
the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001

SUPPLEMENTARY INFORMATION: 
    The text of the Order is attached.

    Dated at Atlanta, Georgia this 11th day of March 2020.

    For the Nuclear Regulatory Commission.
Joel T. Munday,
Deputy Regional Administrator.

Attached--Confirmatory Order

United States of America

Nuclear Regulatory Commission

In the Matter of Duke Energy Progress, LLC, H. B. Robinson Steam 
Electric Plant, Unit No. 2

Docket No. 50-261; License No. DPR-23; EA-19-025.

Confirmatory Order Modifying License (Effective Upon Issuance)

I

    Duke Energy Progress, LLC (Duke Energy or Licensee) is the holder 
of Operating License No. DPR-23 issued on July 31, 1970, by the U.S. 
Nuclear Regulatory Commission (NRC or Commission) pursuant to Part 50 
of Title 10 of the Code of Federal Regulations (10 CFR). The license 
authorizes the operation of H. B. Robinson Steam Electric Plant Unit 
No. 2 (facility) in accordance with conditions specified therein. The 
facility is located on the licensee's site in Hartsville, South 
Carolina.
    This Confirmatory Order (CO) is the result of an agreement reached 
during an Alternative Dispute Resolution (ADR) mediation session 
conducted on December 16, 2019.

II

    On November 1, 2017, the NRC's Office of Investigations (OI) opened 
an investigation (OI Case No. 2-2018-004) at Duke Energy's H. B. 
Robinson Steam Electric Plant to determine if the assigned inside 
auxiliary operators (IAOs) deliberately failed to conduct fire watches 
and operator rounds as required by procedure and deliberately falsified 
records. The investigation was completed on March 18, 2019. Based on 
the evidence developed during its investigation, the NRC identified 
three apparent violations (AVs):

[[Page 14975]]

    (1) An apparent violation of 10 CFR 50.48, Fire Protection, for the 
failure to conduct hourly fire watches in accordance with licensee 
procedure, AD-EG-ALL-1522, ``Duties of a Fire Watch.'' Specifically, on 
multiple occasions between September 15, 2017, and September 21, 2017, 
four IAOs assigned the duties of an hourly fire watch in the `A' and 
`B' emergency diesel generator rooms failed to visually watch or 
inspect the assigned location for signs of fire. The NRC concluded that 
the actions of the IAOs were deliberate.
    (2) An apparent violation of Technical Specification 5.4.1.a, for 
failure to conduct operator rounds in accordance with procedures 
established through Regulatory Guide 1.33, Appendix A, including 
administrative procedures for Log Entries, Record Retention, and Review 
Procedures. Specifically, on several occasions between July 1, 2017, 
and October 31, 2017, four IAOs failed to conduct operator rounds in 
accordance with procedure AD-OP-ALL-1000, ``Conduct of Operations,'' 
Revision 8. The NRC concluded that the actions of the IAOs were 
deliberate.
    (3) An apparent violation of 10 CFR 50.9(a), Completeness and 
Accuracy of Information, for failure to maintain complete and accurate 
fire watch and operator rounds logs. Specifically, on several 
occasions, between July 1, 2017, and October 31, 2017, as described in 
the two previous AVs, IAOs failed to enter an area to conduct operator 
rounds or fire watches yet signed off as completing them. The NRC 
concluded that the actions of the IAOs were deliberate.
    By letter dated September 19, 2019 (NRC Inspection Report (IR) 
05000261/2019012, Agency-wide Documents Access and Management System 
(ADAMS) accession number ML19262H275), the NRC notified Duke Energy of 
the results of the investigation, including the identification of three 
AVs that were being considered for escalated enforcement, with an 
opportunity to: (1) Provide a response in writing, (2) attend a 
predecisional enforcement conference or (3) to participate in an ADR 
mediation session in an effort to resolve the issue. On September 30, 
2019, Duke contacted Cornell University Scheinman Institute on Conflict 
Resolution to request the use of NRC's ADR process.

III

    During the ADR session, Duke Energy and the NRC reached a 
preliminary settlement agreement. The elements of the agreement include 
the following:
    1. Duke Energy acknowledged that the three violations occurred, as 
documented in IR No. 05000261/2019012, issued on September 19, 2019, 
and as described in Section II of this Confirmatory Order, were 
violations of regulatory requirements, and they occurred due to the 
deliberate misconduct of IAOs.
    2. Based on a review of the incident, Duke Energy completed 
corrective actions and enhancements to address the violations, 
including but not limited to the following:
    A. Communications:
    i. Each Shift Manager completed a review of Crew Learnings with 
their shift to present the expectations for performing fire watch logs. 
Completed October 6, 2017.
    ii. Conducted Operating Experience discussion with Operations, 
Maintenance and Major Projects personnel responsible for fire watches 
to emphasize the importance of proper performance and documentation of 
these activities, including the significance of one's signature. 
Completed July 26, 2018.
    iii. Conducted Operating Experience discussion with Operations 
personnel responsible for operator rounds to emphasize the importance 
of proper performance and documentation of these activities, including 
the significance of one's signature. Completed June 17, 2018.
    B. Training:
    i. Operations personnel completed a Read and Sign training package, 
``Duties of a Fire Watch.'' As a follow-up, two scenarios and a five-
question quiz were developed and given during training segment 17-4 to 
evaluate the learning that took place during the Read and Sign training 
package.
    C. Procedures:
    i. Issued Standing Instruction 17-011, Duties of a Fire Watch, to 
establish the expectation that the Fire Watch shall deliver the 
completed documentation to the Control Room Supervisor at the 
conclusion of every shift. Issued September 21, 2017, expired October 
25, 2017.
    ii. Issued Standing Instruction 17-022, Challenges Meeting the 
Requirements of AD-EG-ALL-1522, to establish a template for Observation 
and Oversight of fire watches. Shift supervisors were to observe fire 
watch pre-job briefs, the first performance of the watch and at least 
once as a random observation. Issued November 22, 2017, expired January 
31, 2018.
    iii. Revised AD-EG-ALL-1522, Duties of a Fire Watch, to clarify how 
fire watch rounds are performed, as well as the oversight associated 
with them. Most recent revision issued November 21, 2019.
    iv. Issued AD-OP-ALL-0109, Operator Rounds, to include instructions 
for an on-duty senior reactor operator (SRO) to conduct a post round 
debrief and further revised the procedure to add guidance for properly 
recording the operator of record who performed rounds and approval of 
rounds by the on-duty SRO. Most recent revision issued November 14, 
2019.
    3. Based on Duke Energy's review of the incident and NRC's concerns 
with respect to precluding recurrence of the violations, Duke Energy 
agrees to implement the following corrective actions and enhancements 
for the Operating Nuclear Fleet, unless otherwise specified. For the 
purposes of this agreement, the term ``Operating Nuclear Fleet,'' 
consists of the following Duke Energy plants: H. B. Robinson Steam 
Electric Plant Unit 2; Brunswick Steam Electric Plant Units 1 and 2; 
Catawba Nuclear Station Units 1 and 2; McGuire Nuclear Station Units 1 
and 2; Oconee Nuclear Station Units 1, 2, and 3; and Shearon Harris 
Nuclear Power Plant Unit 1.
    A. Communications:
    i. Within one month of the date of the Confirmatory Order, and 
again during calendar year 2021, the Duke Energy Chief Nuclear Officer 
(CNO) will issue an internal communication via email to Duke Energy 
employees and contingent workers who are onsite for greater than six 
(6) months consecutively, assigned to the Operating Nuclear Fleet. The 
communication will describe the circumstances that gave rise to this 
Confirmatory Order. In addition, the communication will emphasize (1) 
the importance of procedural compliance, (2) the importance of ensuring 
the completeness and accuracy of plant documents as required by 10 CFR 
50.9, and (3) the requirements of 10 CFR 50.5 and the consequences 
associated with the willful non-compliance with procedural 
requirements.
    ii. Duke Energy also agrees to conduct Operations Shift briefings 
at all Duke Energy Operating Nuclear Fleet plants, discussing the 
contents of these communications.
    iii. The contents of the CNO's communication shall be made 
available for NRC review.
    B. Training:
    i. Within six months of the date of the Confirmatory Order, Duke 
Energy will create a one-time training highlighting the meaning of a 
nuclear worker's signature, and the regulatory and legal significance 
of a signature. Duke Energy will assign this training module to 
Auxiliary Operators at each of its

[[Page 14976]]

nuclear power plants in the Operating Nuclear Fleet to be completed 
within one year of the date of the Confirmatory Order.
    ii. Within one year of the date of the Confirmatory Order, Duke 
Energy will incorporate training highlighting the meaning of a nuclear 
worker's signature, and the regulatory and legal significance of a 
signature, into the Auxiliary Operators initial training module for 
Auxiliary Operators assigned to plants in the Operating Nuclear Fleet.
    iii. Within six months of the date of the Confirmatory Order, Duke 
Energy will provide training to those Duke Energy Managers and 
Supervisors, who have oversight of Duke Energy employees assigned to 
the Operating Nuclear Fleet, addressing compliance with 10 CFR 50.5 and 
10 CFR 50.9.
    iv. Within six months of the date of the Confirmatory Order, Duke 
Energy will revise training for Duke Energy employees and contractors 
with unescorted access, to be administered per TTC-1636-N (for Duke 
Energy employees) and TTC-2008-N (for Contractors with unescorted 
access), addressing compliance with 10 CFR 50.5 and 50.9. The training 
shall also:
    a. Emphasize the importance of complete and accurate information 
for all required records, correspondence, and communications with the 
NRC and its staff.
    b. Emphasize individual accountability and clearly express that 
willful or deliberate failures to comply with regulations, orders, or 
license requirements could result in significant individual enforcement 
action by the NRC.
    c. Reinforce that if any individual recognizes a non-compliance, 
they will immediately report the observation of the non-compliance to 
management.
    v. Documentation of the content of the training material shall be 
maintained and made available for NRC review. Completion records shall 
also be maintained and made available for NRC review.
    C. Oversight/Observations:
    i. Within six months of the date of the Confirmatory Order, Duke 
Energy will revise and implement fleet-wide procedures, applicable to 
the Operating Nuclear Fleet, to require periodic reviews (i.e. at least 
once per quarter) of a sample of verifiable completed operator rounds 
performed by Duke Energy personnel at Duke Energy's Operating Nuclear 
Fleet. The purpose of these reviews is to determine whether workers 
completed the operator rounds in a manner consistent with applicable 
procedures. Management will disclose the results of these reviews in a 
manner that is consistent with workers' privacy and applicable Duke 
Energy's disciplinary and personnel procedures, processes, and 
practices. However, if a condition adverse to quality is discovered 
during these reviews, the issue will be placed into the licensee's 
Corrective Action Program and addressed accordingly. A minimum of seven 
(7) days will be reviewed every quarter. Documentation related to each 
review and its results shall be maintained for a minimum of two years 
and made available for NRC review.
    ii. Within six months of the date of the Confirmatory Order, Duke 
Energy will revise and implement fleet-wide procedures, applicable to 
the Operating Nuclear Fleet, to require periodic reviews (i.e. at least 
once per quarter) of a sample of verifiable completed fire watch rounds 
performed by Duke Energy or contractor personnel at Duke Energy's 
Operating Nuclear Fleet. The purpose of these reviews is to determine 
whether workers completed the fire watch rounds in a manner consistent 
with applicable procedures. Management will disclose the results of 
these reviews in a manner that is consistent with workers' privacy and 
applicable Duke Energy's disciplinary and personnel procedures, 
processes, and practices. However, if a condition adverse to quality is 
discovered during these reviews, the issue will be placed into the 
licensee's Corrective Action Program and addressed accordingly. A 
minimum of seven (7) days will be reviewed every quarter. Documentation 
related to each review and its results shall be maintained for a 
minimum of two years and made available for NRC review.
    iii. Within six months of the date of the Confirmatory Order, Duke 
Energy will implement a process at H. B. Robinson Steam Electric Plant 
and Brunswick Steam Electric Plant to complete three documented 
observations of operator round activities for each crew per quarter, 
performed by Operations Department supervision (a current or former 
SRO). The observation will focus on the importance of completeness and 
accuracy of rounds documentation and the importance of operator rounds 
and how these rounds support safe plant operations by helping to 
determine whether the inspected equipment is operating safely and in 
accordance with its design. All such observations will include a 
discussion between Operations Department supervision and the Auxiliary 
Operator conducting the round. These observations will be performed for 
one year. Documentation related to the observations and results shall 
be maintained and made available for NRC review.
    iv. Within six months of the date of the Confirmatory Order, Duke 
Energy will implement a process requiring H. B. Robinson Steam Electric 
Plant and Brunswick Steam Electric Plant complete three documented 
observations of fire watch activities (if available) each quarter by 
site supervision or Fire Marshall. The observation will focus on the 
importance of completeness and accuracy of documentation and the 
importance of fire watches. All such observations will include a 
discussion between the observer and the individual performing the fire 
watch. These observations will be performed for one year. Documentation 
related to the observations and results shall be maintained and made 
available for NRC review.
    4. Within one year of the completion of the last corrective action 
identified in the Confirmatory Order (other than this provision), Duke 
Energy will perform an effectiveness review of the corrective actions. 
Before performing this effectiveness review, Duke Energy will establish 
the specific criteria it will use in the review.
    5. Upon completion of all the actions required of Duke Energy in 
the Confirmatory Order, Duke Energy will notify the NRC Region II 
Regional Administrator.
    6. For the NRC's future civil penalty assessment purposes as 
discussed in the NRC Enforcement Policy, the NRC agrees that the 
issuance of this Confirmatory Order will not be considered as escalated 
enforcement.
    7. The NRC considers the corrective actions and enhancements 
discussed in paragraphs III.2 and III.3 above to be appropriately 
prompt and comprehensive to address the causes which gave rise to the 
incident discussed in the NRC's IR dated September 19, 2019.
    8. The NRC and Duke Energy agree that the above elements will be 
incorporated into a Confirmatory Order.
    9. In consideration of the commitments delineated above, the NRC 
agrees not to cite the violations and agrees not to propose a civil 
penalty for all matters discussed in the NRC's IR to Duke Energy dated 
September 19, 2019 (EA-19-025).
    10. This agreement is binding upon successors and assigns of Duke 
Energy.
    On March 3, 2020, Duke Energy consented to issuing this 
Confirmatory Order with the commitments, as described in Section V 
below. Duke Energy further agreed that this Confirmatory Order is to be 
effective

[[Page 14977]]

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.

IV

    I find that Duke Energy's actions completed, as described in 
Section III above, combined with the 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 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, it is hereby ordered, 
effective upon issuance, that License No. DPR-23 is modified as 
follows:
    1. Duke Energy agrees to implement the following corrective actions 
and enhancements for the Operating Nuclear Fleet, unless otherwise 
specified. The term ``Operating Nuclear Fleet,'' consists of the 
following Duke Energy plants: H. B. Robinson Steam Electric Plant Unit 
2; Brunswick Steam Electric Plant Units 1 and 2; Catawba Nuclear 
Station Units 1 and 2; McGuire Nuclear Station Units 1 and 2; Oconee 
Nuclear Station Units 1, 2, and 3; and Shearon Harris Nuclear Power 
Plant Unit 1:
    A. Communications:
    i. Within one month of the date of the Confirmatory Order, and 
again during calendar year 2021, the Duke Energy Chief Nuclear Officer 
(CNO) will issue an internal communication via email to Duke Energy 
employees and contingent workers who are onsite for greater than six 
(6) months consecutively, assigned to the Operating Nuclear Fleet. The 
communication will describe the circumstances that gave rise to this 
Confirmatory Order. In addition, the communication will emphasize 1) 
the importance of procedural compliance, 2) the importance of ensuring 
the completeness and accuracy of plant documents as required by 10 CFR 
50.9, and 3) the requirements of 10 CFR 50.5 and the consequences 
associated with the willful non-compliance with procedural 
requirements.
    ii. Duke Energy also agrees to conduct Operations Shift briefings 
at all Duke Energy Operating Nuclear Fleet plants, discussing the 
contents of these communications.
    iii. The contents of the CNO's communication shall be made 
available for NRC review.
    B. Training:
    i. Within six months of the date of the Confirmatory Order, Duke 
Energy will create a one-time training highlighting the meaning of a 
nuclear worker's signature, and the regulatory and legal significance 
of a signature. Duke Energy will assign this training module to 
Auxiliary Operators at each of its nuclear power plants in the 
Operating Nuclear Fleet to be completed within one year of the date of 
the Confirmatory Order.
    ii. Within one year of the date of the Confirmatory Order, Duke 
Energy will incorporate training highlighting the meaning of a nuclear 
worker's signature, and the regulatory and legal significance of a 
signature, into the Auxiliary Operators initial training module for 
Auxiliary Operators assigned to plants in the Operating Nuclear Fleet.
    iii. Within six months of the date of the Confirmatory Order, Duke 
Energy will provide training to those Duke Energy Managers and 
Supervisors, who have oversight of Duke Energy employees assigned to 
the Operating Nuclear Fleet, addressing compliance with 10 CFR 50.5 and 
10 CFR 50.9.
    iv. Within six months of the date of the Confirmatory Order, Duke 
Energy will revise training for Duke Energy employees and contractors 
with unescorted access, to be administered per TTC-1636-N (for Duke 
Energy employees) and TTC-2008-N (for Contractors with unescorted 
access), addressing compliance with 10 CFR 50.5 and 50.9. The training 
shall also:
    a. Emphasize the importance of complete and accurate information 
for all required records, correspondence, and communications with the 
NRC and its staff.
    b. Emphasize individual accountability and clearly express that 
willful or deliberate failures to comply with regulations, orders, or 
license requirements could result in significant individual enforcement 
action by the NRC.
    c. Reinforce that if any individual recognizes a non-compliance, 
they will immediately report the observation of the non-compliance to 
management.
    v. Documentation of the content of the training material shall be 
maintained and made available for NRC review. Completion records shall 
also be maintained and made available for NRC review.
    C. Oversight/Observations:
    i. Within six months of the date of the Confirmatory Order, Duke 
Energy will revise and implement fleet-wide procedures, applicable to 
the Operating Nuclear Fleet, to require periodic reviews (i.e. at least 
once per quarter) of a sample of verifiable completed operator rounds 
performed by Duke Energy personnel at Duke Energy's Operating Nuclear 
Fleet. The purpose of these reviews is to determine whether workers 
completed the operator rounds in a manner consistent with applicable 
procedures. Management will disclose the results of these reviews in a 
manner that is consistent with workers' privacy and applicable Duke 
Energy's disciplinary and personnel procedures, processes, and 
practices. However, if a condition adverse to quality is discovered 
during these reviews, the issue will be placed into the licensee's 
Corrective Action Program and addressed accordingly. A minimum of seven 
(7) days will be reviewed every quarter. Documentation related to each 
review and its results shall be maintained for a minimum of two years 
and made available for NRC review.
    ii. Within six months of the date of the Confirmatory Order, Duke 
Energy will revise and implement fleet-wide procedures, applicable to 
the Operating Nuclear Fleet, to require periodic reviews (i.e. at least 
once per quarter) of a sample of verifiable completed fire watch rounds 
performed by Duke Energy or contractor personnel at Duke Energy's 
Operating Nuclear Fleet. The purpose of these reviews is to determine 
whether workers completed the fire watch rounds in a manner consistent 
with applicable procedures. Management will disclose the results of 
these reviews in a manner that is consistent with workers' privacy and 
applicable Duke Energy's disciplinary and personnel procedures, 
processes, and practices. However, if a condition adverse to quality is 
discovered during these reviews, the issue will be placed into the 
licensee's Corrective Action Program and addressed accordingly. A 
minimum of seven (7) days will be reviewed every quarter. Documentation 
related to each review and its results shall be maintained for a 
minimum of two years and made available for NRC review.
    iii. Within six months of the date of the Confirmatory Order, Duke 
Energy will implement a process at H. B. Robinson Steam Electric Plant 
and Brunswick Steam Electric Plant to complete three documented 
observations of operator round activities for each crew per quarter, 
performed by Operations Department supervision (a current or former 
SRO). The observation

[[Page 14978]]

will focus on the importance of completeness and accuracy of rounds 
documentation and the importance of operator rounds and how these 
rounds support safe plant operations by helping to determine whether 
the inspected equipment is operating safely and in accordance with its 
design. All such observations will include a discussion between 
Operations Department supervision and the Auxiliary Operator conducting 
the round. These observations will be performed for one year. 
Documentation related to the observations and results shall be 
maintained and made available for NRC review.
    iv. Within six months of the date of the Confirmatory Order, Duke 
Energy will implement a process requiring H. B. Robinson Steam Electric 
Plant and Brunswick Steam Electric Plant complete three documented 
observations of fire watch activities (if available) each quarter by 
site supervision or Fire Marshall. The observation will focus on the 
importance of completeness and accuracy of documentation and the 
importance of fire watches. All such observations will include a 
discussion between the observer and the individual performing the fire 
watch. These observations will be performed for one year. Documentation 
related to the observations and results shall be maintained and made 
available for NRC review.
    2. Within one year of the completion of the last corrective action 
identified in the Confirmatory Order (other than this provision), Duke 
Energy will perform an effectiveness review of the corrective actions. 
Before performing this effectiveness review, Duke Energy will establish 
the specific criteria it will use in the review.
    3. Upon completion of all the actions required of Duke Energy in 
the Confirmatory Order, Duke Energy will notify the NRC Region II 
Regional Administrator.
    4. For the NRC's future civil penalty assessment purposes as 
discussed in the NRC Enforcement Policy, the NRC agrees that the 
issuance of this Confirmatory Order will not be considered as escalated 
enforcement.
    5. In consideration of the commitments delineated above, the NRC 
agrees not to cite the violations and agrees not to propose a civil 
penalty for all matters discussed in the NRC's IR to Duke Energy dated 
September 19, 2019 (EA-19-025).
    6. 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.
    7. This agreement is binding upon successors and assigns of Duke 
Energy.

VI

    In accordance with 10 CFR 2.202 and 10 CFR 2.309, any person 
adversely affected by this Confirmatory Order, other than Duke Energy, 
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 10 
days prior to the filing deadline, the participant should contact the 
Office of the Secretary by email at [email protected], 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 website 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 website 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 website at https://www.nrc.gov/site-help/e-submittals.html, by 
email to [email protected], 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. 
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

[[Page 14979]]

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 to the hearing.
    If a person (other than Duke Energy) 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 hearings. 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.

    Dated this 11th day of March 2020

 For the Nuclear Regulatory Commission.

Joel T. Munday,
Deputy Regional Administrator,
NRC Region II

[FR Doc. 2020-05283 Filed 3-13-20; 8:45 am]
 BILLING CODE 7590-01-P