80 FR 55153 - In the Matter of Dominion Nuclear Connecticut, Inc. (Millstone Power Station Unit 2)

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 80, Issue 177 (September 14, 2015)

The U.S. Nuclear Regulatory Commission (NRC) and the Dominion Nuclear Connecticut, Inc. (DNC) engaged in mediation as part of the NRC's Alternative Dispute Resolution Program which resulted in a settlement agreement as reflected in the confirmatory order relating to Millstone Unit 2.

[Federal Register Volume 80, Number 177 (Monday, September 14, 2015)]
[Notices]
[Pages 55153-55157]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-22951]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-336 and EA-13-188; NRC-2015-0217]


In the Matter of Dominion Nuclear Connecticut, Inc. (Millstone 
Power Station Unit 2)

AGENCY: Nuclear Regulatory Commission.

ACTION: Confirmatory order; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) and the Dominion 
Nuclear Connecticut, Inc. (DNC) engaged in mediation as part of the 
NRC's Alternative Dispute Resolution Program which resulted in a 
settlement agreement as reflected in the confirmatory order relating to 
Millstone Unit 2.

DATES: Effective Date: August 26, 2015.

ADDRESSES: Please refer to Docket ID NRC-2015-0217 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 http://www.regulations.gov and search for Docket ID NRC-2015-0217. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For questions about this Order, 
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 publicly-available documents online in the 
ADAMS Public Documents collection at http://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 [email protected]. The 
ADAMS accession number for each document referenced (if it available in 
ADAMS) is provided the first time that a document is referenced.
     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: Richard Guzman, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-1030, email: [email protected].

[[Page 55154]]


SUPPLEMENTARY INFORMATION: The text of the Order is attached.

    Dated at Rockville, Maryland, this 3rd day of September 2015.

    For the Nuclear Regulatory Commission.
Dave J. Vito,
Acting Chief, Concerns Resolution Branch, Office of Enforcement.

UNITED STATES OF AMERICA

NUCLEAR REGULATORY COMMISSION

    In the Matter of Dominion Nuclear Connecticut, Inc. (Millstone 
Power Station Unit 2)

Docket No. 50-336
License No. DPR-65
EA-13-188

CONFIRMATORY ORDER MODIFYING LICENSE

(EFFECTIVE IMMEDIATELY)

I.

    Dominion Nuclear Connecticut, Inc. (DNC or Licensee) is the holder 
of Facility Operating License No. DPR-65 issued by the Nuclear 
Regulatory Commission (NRC or Commission) pursuant to Title 10 of the 
Code of Federal Regulations (10 CFR) part 50 on September 26, 1975. The 
license authorizes the operation of Millstone Power Station (Millstone) 
Unit 2 in accordance with conditions specified therein. Millstone Power 
Station Unit 2 is located in the vicinity of Waterford, Connecticut.
    This Confirmatory Order is the result of an agreement reached 
during an alternative dispute resolution (ADR) mediation process which 
included one meeting on July 14, 2015, and two follow up 
teleconferences on July 16, 2015 and July 24, 2015.

II.

    On May 23, 2013, the NRC's Office of Investigations (OI) completed 
an investigation to determine if DNC staff at Millstone deliberately 
violated NRC requirements in section 50.59 of Title 10 of the Code of 
Federal Regulations (10 CFR), ``Changes, Tests, and Experiments,'' when 
implementing changes to documents related to the Millstone Unit 2 
chemical and volume control system (CVCS) charging pumps and spent fuel 
decay time limits. The investigation also evaluated whether DNC staff 
deliberately submitted inaccurate and incomplete information to the NRC 
pertaining to these changes.
    Based on the evidence developed during this investigation, the NRC 
concluded that three apparent violations occurred, two of which were 
considered for escalated enforcement action. The first apparent 
violation (AV) involved changes made by DNC to Section 14.6.1 of the 
Millstone Unit 2 Updated Final Safety Analysis Report (UFSAR) that 
removed credit for the CVCS charging pump flow in the mitigation of the 
design basis accident involving the inadvertent opening of pressurizer 
power operated relief valves (PORVs), without obtaining prior NRC 
approval. The NRC found that willfulness was associated with this 
apparent violation. DNC does not agree that willfulness was associated 
with this apparent violation.
    The second AV involved the failure by DNC to provide complete and 
accurate information to the NRC in reports and other documents 
pertaining to the aforementioned UFSAR change, including a failure to 
notify the Commission of information having significant implications 
for public health and safety. Willfulness was not associated with this 
apparent violation.
    The third AV involved changes made by DNC to Chapter 9 of the 
Millstone Unit 2 UFSAR and Section 3/4.9.3 of the Technical 
Specification Bases that decreased the required amount of irradiated 
fuel decay time from 150 to 100 hours prior to fuel movement in the 
reactor vessel, without obtaining prior NRC approval. Willfulness was 
not associated with this apparent violation.
    In a letter dated April 29, 2015, the NRC provided DNC the results 
of the investigation, informed DNC that escalated enforcement action 
was being considered for two of the three apparent violations, and 
offered DNC the opportunity to attend a predecisional enforcement 
conference or to participate in ADR in which a neutral mediator with no 
decision-making authority would facilitate discussions between the NRC 
and DNC. The neutral mediator would assist the NRC and DNC in reaching 
an agreement, if possible. DNC chose to participate in ADR. This 
Confirmatory Order is issued pursuant to the agreement reached during 
the ADR process.

III.

    In response to the NRC's offer, DNC requested use of the NRC ADR 
process to resolve differences it had with the NRC. During that ADR 
process, a preliminary settlement agreement was reached the terms of 
which are set forth in Section IV below.
    Based on those commitments, the NRC agreed not to take further 
enforcement action on the three apparent violations identified in the 
NRC April 29, 2015, letter.
    On August 20, 2015, DNC consented to issuing this Confirmatory 
Order with the commitments, as described in Section IV below. DNC 
further agreed that this Confirmatory Order is to be effective upon 
issuance and that it has waived its right to a hearing.
    I find that the DNC's commitments as set forth in Section IV are 
acceptable and necessary and conclude that with these commitments the 
plant's safety is reasonably assured. In view of the foregoing, I have 
determined that public health and safety require that DNC's commitments 
be confirmed by this Confirmatory Order. Based on the above and DNC's 
consent, this Confirmatory Order is effective upon issuance. By no 
later than thirty (30) days after the completion of the commitments in 
Section IV, DNC is required to notify the NRC in writing and summarize 
its actions.

IV.

    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 
THAT LICENSE NO. DPR-65 IS MODIFIED AS FOLLOWS:
    Compliance.
    1. Within sixty (60) calendar days of the date of this Confirmatory 
Order, DNC will:
    a. Revise, as necessary, Standing Order 14-016 dated May 11, 2014, 
to incorporate applicable Millstone Unit 2 Technical Specifications 
(TSs); limiting conditions of operations (LCOs); actions; and 
surveillances that reflect the safety analysis of the inadvertent 
opening of the PORVs prior to implementation of Amendment No. 283. This 
revision of the standing order will be made available for NRC review 
prior to implementation.
    b. Complete an operability evaluation for the use of charging pumps 
in accordance with Standing Order 14-016, as revised by paragraph 1.a., 
associated with the inadvertent opening of PORVs and make the 
operability evaluation available to NRC for review; and
    c. Evaluate the effect of three pump charging pump operation (i.e., 
three charging pumps auto start and provide flow) with the current 
plant configuration. If the evaluation concludes no adverse effect, 
revised Standing Order 14-016 will be changed to require that three 
charging pumps auto start and provide flow. This evaluation will be 
made available for NRC review.
    2. By no later than February 15, 2016, DNC will submit a license 
amendment request to the NRC addressing the use of charging pumps in 
the analysis of the inadvertent opening of PORVs. If DNC

[[Page 55155]]

does not submit a license amendment request by February 15, 2016, the 
Millstone Unit 2 design and licensing basis for the operation of 
charging pumps to mitigate the inadvertent opening of PORVs that was in 
place prior to Amendment No. 283 (dated September 9, 2004) will be 
reinstated by this Confirmatory Order, and DNC will take all actions 
necessary to conform Millstone Unit 2 to the reinstated design and 
licensing basis.
    3. DNC's Standing Order 14-016 (Rev. 0, dated May 11, 2014), as 
revised in accordance with paragraph 1 above, will remain in place 
until the NRC makes a final determination on the license amendment 
request submitted under paragraph 2 above.
    4. If the NRC denies the license amendment request submitted under 
paragraph 2 above, or the licensee withdraws the license amendment 
request, the Millstone Unit 2 design and licensing basis for the 
operation of charging pumps to mitigate the inadvertent opening of 
PORVs that was in place prior to implementation of Amendment No. 283 
(dated September 9, 2004) will be reinstated by this Confirmatory 
Order, and DNC will take all actions necessary to conform Millstone 
Unit 2 to the reinstated design and licensing basis.
    5. By no later than February 15, 2016, DNC will submit a license 
amendment request seeking NRC approval of the spent fuel pool heat load 
analysis and any associated technical specification changes. This will 
be treated as a high priority review by the NRC.
    6. DNC's Standing Order 14-021 (Rev. 0 dated July 9, 2014) will 
remain in place until the NRC makes a final determination on the 
license amendment request submitted under paragraph 5 above.
    7. If the NRC denies the license amendment request submitted under 
paragraph 5 above, or the licensee withdraws the license amendment 
request, TS 3/4.9.3.1 in the Millstone Unit 2 license will be revised 
by this Confirmatory Order to require 150 hours of decay time before 
moving irradiated fuel from the reactor to the spent fuel pool, and 
changes made by Licensing Basis Document Change Request 10-MP2-007 
(dated June 22, 2010) to Chapter 9 of the Millstone Unit 2 UFSAR and to 
the TS Bases will be replaced by the prior content of those documents. 
DNC will take all actions necessary to conform Millstone Unit 2 to the 
requirements of the revised TS and UFSAR.
    Assessment.
    8. By no later than June 30, 2016, DNC will complete a self-
assessment of its 10 CFR 50.59 program and procedures (including 
applicability, screening and evaluations) including a review of 
procedures, implementation, initial training, continuing training, and 
safety review committee activities. A majority of the self-assessment 
team will be comprised of a combination of non-Dominion industry 
experts and peers. The assessment will also address the Millstone 
Nuclear Oversight organization's responsibilities and the effectiveness 
of the execution of those responsibilities regarding the 10 CFR 50.59 
program.
    a. DNC shall make available to the NRC, upon request, the results 
of the assessment and any corrective actions DNC will take to address 
the results.
    b. DNC will complete corrective actions resulting from findings of 
the assessment consistent with the requirements of the Millstone 
Corrective Action Program.
    9. DNC has conducted two apparent cause evaluations to address the 
issues included in this Confirmatory Order.
    a. The results of these evaluations will be made available to the 
NRC for review.
    10. By no later than March 1, 2016, DNC will complete a common 
cause evaluation of 10 CFR 50.59 issues that have been identified after 
July 1, 2012, with emphasis on any underlying culture-related issues 
that specifically may exist in the Millstone Power Station Engineering 
and Licensing groups and the Facility Safety Review Committee. The team 
will include a member trained in cultural issues. Interviews of a 
sample of the staff members from the above groups will be included in 
the evaluation. In regard to this evaluation, DNC shall:
    a. Make the results of the evaluation available to the NRC.
    b. Communicate to Millstone Power Station employees the results of 
the evaluation within three (3) months of receiving the evaluation 
results.
    c. Review the results of the common cause evaluation and initiate 
corrective actions as appropriate within 30 days of receiving 
evaluation results.
    Extent of Condition.
    11. By no later than June 30, 2016, DNC will complete a formal 
sampling program, using MIL Standard 105 or similar, of products 
(applicability determinations, screenings, and evaluations) completed 
using the DNC 10 CFR 50.59 programs and procedures.
    a. The reviewers conducting the sampling program will be third 
party independent reviewers.
    b. Applicability determinations, screenings, and evaluations will 
be sampled as separate populations.
    c. For each population, the sampling time period will begin in 2002 
and end as of the date of this Confirmatory Order.
    d. DNC will enter any identified deficiencies into DNC's corrective 
action program.
    e. Pursuant to Section 3.3 of the NRC Enforcement Policy, the NRC 
will consider exercising enforcement discretion to refrain from issuing 
a Notice of Violation or civil penalty for any non-willful Severity 
Level II, III, or IV violation identified as part of the sampling 
program described above, if the violation meets all of the following 
criteria:
    (1) the violation has the same or similar cause as the apparent 
violations of 10 CFR 50.59 that are the subject of this Confirmatory 
Order;
    (2) the violation is a newly-found violation that occurred prior to 
issuance of this Confirmatory Order;
    (3) the violation does not substantially change the safety 
significance or the character of the regulatory concerns arising out of 
the apparent violations that underlie this Confirmatory Order; and
    (4) the violation is corrected, by both immediate corrective 
action(s) and long-term comprehensive corrective action(s), within a 
reasonable time following identification.
    f. The NRC will also consider discretion for any DNC-identified 
performance deficiencies that meet the criteria listed in paragraph 
11.e and are categorized as a Green or White finding under the NRC's 
Reactor Oversight Program.
    Communication.
    12. By no later than thirty (30) calendar days after the issuance 
of this Confirmatory Order, DNC's Chief Nuclear Officer will issue a 
fleet-wide communication (written or recorded) to reinforce the 
importance of providing complete and accurate information to the NRC, 
including requirements for updating out-of-date information, and the 
potential consequences of a failure to comply with these requirements. 
The communication, whether written or recorded, and any associated 
materials or references, will be made available to the NRC.
    13. By no later than December 31, 2016, DNC will provide a 
presentation at an industry forum to discuss the events that led to 
this Confirmatory Order, the lessons learned, and actions taken. The 
presentation and any associated material will be made available to the 
NRC.
    Training.
    14. DNC will review its plant access training and revise it as 
necessary to

[[Page 55156]]

ensure that it includes training on compliance with NRC requirements, 
including, but not limited to, 10 CFR 50.5 and 50.9. Any revisions will 
be made available to the NRC.
    15. Notwithstanding that NRC and DNC disagree about whether a 
willful violation occurred, DNC will develop and provide focused 
training to Dominion corporate Engineering and Licensing personnel who 
perform work for Millstone and to DNC Engineering and Licensing 
personnel, to ensure awareness of the importance of complying with 
regulatory requirements, and the potential consequences of a failure to 
comply, including what constitutes a willful violation of NRC 
requirements. DNC will provide this training by April 1, 2016, and will 
repeat it 12 months after the initial training session. The training 
and any associated training materials will be made available to the 
NRC.
    16. DNC will develop and provide focused training to Dominion 
corporate Engineering and Licensing personnel performing work for 
Millstone and to DNC Engineering and Licensing personnel, covering the 
requirements of 10 CFR 50.9, emphasizing the importance of providing 
complete and accurate information to the NRC and of informing the NRC 
promptly upon discovery of inaccurate information or omissions 
associated with pending NRC licensing actions or other information 
submitted to the NRC. DNC will provide this training by April 1, 2016. 
The training and any associated training materials will be made 
available to the NRC.
    Other Considerations.
    17. The NRC agrees not to pursue any further enforcement action 
relating to the notice of apparent violations (Case no. EA-13-188, 
Inspection Report 05000336/2015201, Office of Investigations Report No. 
1-2012-008), dated April 29, 2015.
    18. This Confirmatory Order will not be considered an escalated 
enforcement action by the NRC for future assessment of violations 
occurring at Millstone Power Station Unit 2.
    19. In the event of the transfer of the operating license of 
Millstone Power Station Unit 2 to another entity, the commitments 
hereunder shall survive any transfer of ownership and will be binding 
on the new licensee.
    The Director, Office of Enforcement, may, in writing, relax or 
rescind any of the above conditions upon demonstration by the Licensee 
of good cause.

V.

    Any person adversely affected by this Confirmatory Order, other 
than DNC, may request a hearing within 30 days of issuance. 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, and documents filed by 
interested governmental entities participating under 10 CFR 2.315(c), 
must be filed in accordance with the NRC E-Filing rule (72 FR 49139, 
August 28, 2007). The E-Filing process requires participants to submit 
and serve all adjudicatory documents over the internet, or in some 
cases to mail copies on electronic storage media. Participants may not 
submit paper copies of their filings unless they seek an exemption in 
accordance with the procedures described below.
    To comply with the procedural requirements of E-Filing, at least 
ten (10) days prior to the filing deadline, the participant should 
contact the Office of the Secretary by email at [email protected], 
or by telephone at 301-415-1677, to (1) request a digital ID 
certificate, which allows the participant (or its counsel or 
representative) to digitally sign documents and access the E-Submittal 
server for any proceeding in which it is participating; and (2) advise 
the Secretary that the participant will be submitting a request or 
petition for hearing (even in instances in which the participant, or 
its counsel or representative, already holds an NRC-issued digital ID 
certificate). Based upon this information, the Secretary will establish 
an electronic docket for the hearing in this proceeding if the 
Secretary has not already established an electronic docket.
    Information about applying for a digital ID certificate is 
available on NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/apply-certificates.html. System requirements for accessing 
the E-Submittal server are detailed in NRC's ``Guidance for Electronic 
Submission,'' which is available on the agency's public Web site at 
http://www.nrc.gov/site-help/e-submittals.html. Participants may 
attempt to use other software not listed on the Web site, but should 
note that the NRC's E-Filing system does not support unlisted software, 
and the NRC Meta System Help Desk will not be able to offer assistance 
in using unlisted software.
    If a participant is electronically submitting a document to the NRC 
in accordance with the E-Filing rule, the participant must file the 
document using the NRC's online, Web-based submission form. Further 
information on the Web-based submission form is available on the NRC's 
public Web site at http://www.nrc.gov/site-help/e-submittals.html.
    Once a participant has obtained a digital ID certificate and a 
docket has been created, the participant can then submit a request for 
hearing or petition for leave to intervene. Submissions should be in 
Portable Document Format (PDF) in accordance with NRC guidance 
available on the NRC public Web site at http://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the 
documents are submitted through the NRC's E-Filing system. To be 
timely, an electronic filing must be submitted to the E-Filing system 
no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of 
a transmission, the E-Filing system time-stamps the document and sends 
the submitter an 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 Office of the General Counsel and any others 
who have advised the Office of the Secretary that they wish to 
participate in the proceeding, so that the filer need not serve the 
documents on those participants separately. Therefore, applicants and 
other participants (or their counsel or representative) must apply for 
and receive a digital ID certificate before a hearing request/petition 
to intervene is filed so that they can obtain access to the document 
via the E-Filing system.
    A person filing electronically using the agency's adjudicatory E-
Filing system may seek assistance by contacting the NRC Electronic 
Filing Help Desk through the ``Contact Us'' link located on the NRC Web 
site at http://www.nrc.gov/site-help/e-submittals.html, by email at 
[email protected], or by a toll-free call at (866) 672-7640. The 
NRC Electronic Filing Help Desk is available between 8 a.m. and 8 p.m., 
Eastern Time, Monday through Friday, excluding government holidays.

[[Page 55157]]

    Participants who believe that they have a good cause for not 
submitting documents electronically must file an exemption request, in 
accordance with 10 CFR 2.302(g), with their initial paper filing 
requesting authorization to continue to submit documents in paper 
format. Such filings must be submitted by: (1) first class mail 
addressed to the Office of the Secretary of the Commission, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: 
Rulemaking and Adjudications Staff; or (2) courier, express mail, or 
expedited delivery service to the Office of the Secretary, Sixteenth 
Floor, One White Flint North, 11555 Rockville Pike, Rockville, 
Maryland, 20852, Attention: Rulemaking and Adjudications Staff. 
Participants filing a document in this manner are responsible for 
serving the document on all other participants. Filing is considered 
complete by first-class mail as of the time of deposit in the mail, or 
by courier, express mail, or expedited delivery service upon depositing 
the document with the provider of the service. A presiding officer, 
having granted an exemption request from using E-Filing, may require a 
participant or party to use E-Filing if the presiding officer 
subsequently determines that the reason for granting the exemption from 
use of E-Filing no longer exists.
    Documents submitted in adjudicatory proceedings will appear in 
NRC's electronic hearing docket which is available to the public at 
http://ehd1.nrc.gov/ehd/, unless excluded pursuant to an order of the 
Commission, or the presiding officer. Participants are requested not to 
include personal privacy information, such as social security numbers, 
home addresses, or home phone numbers in their filings, unless an NRC 
regulation or other law requires submission of such information. With 
respect to copyrighted works, except for limited excerpts that serve 
the purpose of the adjudicatory filings and would constitute a Fair Use 
application, participants are requested not to include copyrighted 
materials in their submission.
    If a person (other than DNC) 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 IV above shall be final 30 days from the date of 
issuance without further order or proceedings. If an extension of time 
for requesting a hearing has been approved, the provisions specified in 
Section IV shall be final when the extension expires if a hearing 
request has not been received.

    Dated at Rockville, Maryland, this 26th day of August 2015.

 For the Nuclear Regulatory Commission.

Scott A. Morris,
Director, Division of Inspection and Regional Support, Office of 
Nuclear Reactor Regulation

[FR Doc. 2015-22951 Filed 9-11-15; 8:45 am]
BILLING CODE 7590-01-P