NRC ORDER – ORDER

On January 29, 2019, the NRC issued a Confirmatory Order (CO) to Southern Nuclear Operating Company, Inc. (SNC, licensee) to formalize commitments made as a result of an alternative dispute resolution mediation session held on September 21, 2018. The commitments were made as part of a settlement agreement between SNC and the NRC based on evidence gathered during an investigation in which the NRC had identified an apparent violation involving the licensee’s failure to store Safeguards (SGI) in accordance with regulatory requirements. The violation involved a, now-former, nuclear security officer (NSO) who was employed at the Farley Nuclear Plant, who deliberately failed to store SGI in a locked security storage container while unattended, failed to maintain an inventory of SGI located inside a security storage container, and failed to document the retrieval of SGI when in use. Additionally, the licensee failed to maintain an inventory and document the retrieval of SGI from the security storage container when the NSO reproduced an SGI document, placed the SGI in a binder, and removed it for use from the security storage container. Because licensees are responsible for the actions of their employees and contractors, the NRC concluded that the NSO’s actions placed SNC in violation of NRC requirements and licensee’s procedures. In response to the incident, SNC agreed to complete additional corrective actions and enhancements, as fully discussed in the CO. In consideration of the corrective actions and commitments outlined in the CO, the NRC agreed not to pursue any further enforcement action (including issuance of a civil penalty) relating to the notice of apparent violation.