NRC ORDER – ORDER

On June 2, 2010, an immediately effective Confirmatory Order was issued to Duke Energy Carolinas, LLC. (Duke Energy), to confirm commitments made as a result of an Alternative Dispute Resolution mediation session held on March 29, 2010. This enforcement action is based on two violations of NRC requirements at the McGuire Nuclear Station, which included a contract employee introducing and using marijuana inside the Protected Area and a contract employee failing to immediately report the event to Duke Energy management. Duke Energy agreed to take the following actions: (1) develop a summary of lessons learned from the facts and circumstances surrounding the apparent violations and communicate this summary to its fleet wide employees; (2) perform a self-assessment of the adequacy of the programs and processes in place to detect and deter the introduction of illegal drugs and alcohol into the Protected Area of Duke Energy's nuclear stations and implement appropriate enhancements in accordance with Duke Energy's corrective action program; and (3) prior to December 31, 2010, perform an effectiveness review of the corrective actions identified in (1) and (2) above. This is in addition to several other corrective actions already completed by Duke Energy. In consideration of these commitments, and the corrective actions already completed by Duke Energy, the NRC agreed that the non-compliances will be characterized as a violation of 10 CFR Part 26, with a significance of Severity Level IV.