82 FR 57004 - Dominion Energy Nuclear Connecticut, Inc.; Millstone Power Station

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 82, Issue 230 (December 1, 2017)

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.

[Federal Register Volume 82, Number 230 (Friday, December 1, 2017)]
[Notices]
[Pages 57004-57010]
From the Federal Register Online  [www.thefederalregister.org]
[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 http://www.regulations.gov and search for Docket ID NRC-2017-0224. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. 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 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 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: [email protected].

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

    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.
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    \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.
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    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 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

    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

[[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

    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.

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.

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:

[[Page 57008]]

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

    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

    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.

[[Page 57009]]

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 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.

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.

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.

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 [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 Web site at http://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 http://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 http://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.

[[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