NRC cites Duke Energy for Fire Protection Violation

The Nuclear Regulatory Commission has issued a notice of violation and a confirmatory order to Duke Energy for failing to implement a license condition on fire protection at its Oconee nuclear power plant in Seneca. Duke Energy had committed through a license condition to complete installation and implementation of the protected service water system at Oconee Nuclear Station by Jan. 1, 2013, as part of transitioning the plant’s fire protection program to the National Fire Protection Association Standard under NRC regulations. When Duke Energy notified the NRC that it would miss the deadline and requested an extension, the NRC denied the request. Failure to complete the installation of the protected service water system is a significant regulatory concern to the NRC because proper installation would improve safety and reduce risk at the plant. Duke Energy has increased compensatory fire protection measures that further ensure adequate safety at the plant while completing the upgrades. NRC staff held a pre-decisional enforcement conference with Duke Energy officials in March. During that session and a subsequent meeting, Duke Energy agreed to a schedule that will complete Oconee’s transition to the NFPA 805 standard by 2016, with several intermediate milestones that will provide safety enhancements before that date. Those milestones are spelled out in the Confirmatory Order issued July 1, and are now regulatory requirements as part of the Oconee operating license. The NRC staff determined that Duke Energy’s violation of its NFPA 805 license conditions was a Severity Level III violation, the second-lowest of four severity levels in the NRC enforcement process. Because Duke Energy took corrective actions to commit additional resources and improve management of the project, implement compensatory measures and establish a new timeline for completing the transition to the NFPA 805 standard, no civil penalty will be assessed at this time. A civil penalty will be considered if Duke Energy misses milestones established in the Confirmatory Order.