IR 05000277/2025441
| ML25136A319 | |
| Person / Time | |
|---|---|
| Site: | Peach Bottom  (DPR-044, DPR-056) |
| Issue date: | 05/19/2025 |
| From: | Andrea Kock NRC Region 1 |
| To: | Rhoades D Constellation Energy Generation, Constellation Nuclear |
| References | |
| EA-24-143, EAF-R1-2025-0004 OI-1-2024-015, IR 2025441 | |
| Download: ML25136A319 (1) | |
Text
May 19, 2025
SUBJECT:
PEACH BOTTOM ATOMIC POWER STATION, UNITS 2 AND 3 - NOTICE OF VIOLATION, NRC INSPECTION REPORT 05000277/2025441 AND 05000278/2025441 AND INVESTIGATION REPORT 1-2024-015
Dear Mr. Rhoades:
This letter refers to an investigation initiated on April 11, 2024, by the U.S. Nuclear Regulatory Commissions (NRCs) Office of Investigations (OI) at Peach Bottom Atomic Power Station (Peach Bottom), Units 2 and 3. The investigation, which was completed on October 22, 2024, involved security matters that are considered Security-Related Information. Therefore, details of the investigation are not included in this letter but are described in the non-public enclosures.
Based on the results of the investigation, the NRC identified one or more security-related apparent violations (AVs1). A factual summary of the OI investigation was included in the non-public Enclosure 1 to our letter (Inspection Report No. 05000277/2025440 and 05000278/2025440) dated March 5, 2025 (ML25064A202)2. The non-public Enclosure 2 to the same letter provided a description of the security-related AVs. We note that Constellation Energy Generation, LLC (Constellation) took immediate corrective actions to address the AVs.
_____________________________
1 Consistent with the NRC Enforcement Manual, Section 1.3.7.2, Documentation Requirements, the number of Apparent Violations (AVs) involving NRC security-requirements cannot be disclosed. Consistent with the NRCs Plain Language approach to open government, the AVs will hereafter be referred to in the plural sense.
2 Designation in parentheses refers to an Agency-wide Documents Access and Management System (ADAMS) accession number.
Unless otherwise noted, documents referenced in this letter are publicly available using the accession number in ADAMS and are accessible using the hyperlink below with the associated ADAMS Accession Number inserted in place of the ML at the end:
Enclosures 1 and 2 transmitted herewith contains sensitive unclassified non-safeguards information (SUNSI). When separated from enclosures 1 and 2, this cover letter is decontrolled. In our March 5, 2025, letter, we provided you the opportunity to address the AVs identified in the report by either attending a pre-decisional enforcement conference or by providing a written response before we made our final enforcement decision. In a non-publicly available letter dated April 3, 2025 (ML25100A196), you provided a response to the AVs in which you described Constellations immediate and long-term corrective actions.
Based on the information developed during the investigation and the information that you provided in your April 3, 2025, response to the inspection report, the NRC has determined that one or more violations of NRC security requirements occurred that are subject to escalated enforcement action. The violations are cited in the enclosed non-public Notice of Violation (Notice), provided as Enclosure 1 to this letter. The circumstances surrounding the violations were previously described in detail in the non-public enclosures of the subject letter referenced above.
In accordance with the NRC Enforcement Policy, a base civil penalty is considered for any escalated violation. Because your facility was the subject of escalated enforcement action within the two years prior to this occurrence3, the NRC considered whether credit was warranted for Identification and Corrective Action in accordance with the civil penalty assessment process in Section 2.3.4 of the NRC Enforcement Policy. The NRC has concluded that credit is warranted for Identification because Constellation independently identified the violations and reported the matter to the NRC. The NRC concluded that credit is warranted for Corrective Actions because Constellation took prompt and comprehensive corrective actions to address the violations.
Enclosure 2 (non-public) provides an explanation of the severity level determination for the violations and a description of Constellations corrective actions to address the violations.
In recognition of these prompt and comprehensive corrective actions, I have been authorized, after consultation with the Director, Office of Enforcement, not to propose a civil penalty.
However, significant violations in the future could result in a civil penalty. In addition, issuance of a Notice that includes escalated enforcement action may subject Constellation to increased inspection effort. The NRC also includes significant enforcement actions on its website at https://www.nrc.gov/about-nrc/regulatory/enforcement.
The NRC has concluded that information regarding: (1) the reason for the violations; (2) the corrective actions that have been taken and the results achieved; and (3) the date when full compliance will be achieved is already adequately addressed on the docket in our letter dated March 5, 2025, and in your letter dated April 3, 2025. Therefore, you are not required to respond to this letter unless the description therein does not accurately reflect your corrective actions or your position. In that case, or if you choose to provide additional information, you should follow the instructions in the enclosed Notice.
_____________________________
3 On November 28, 2022, the NRC issued a White finding and an associated Notice of Violation (ML22314A098) to Constellation Energy Generation, LLC at Peach Bottom Atomic Power Station, Unit 2. The White finding, an issue of low-to-moderate safety significance, involved Constellations failure to accomplish an activity affecting quality using a procedure appropriate to the circumstances and was a violation of Title 10 of the Code of Federal Regulations Part 50, Appendix B, Criterion V, Instructions, Procedures, and Drawings. In accordance with NRC Inspection Manual Chapter 0305, Operating Reactor Assessment Program, Section 13.02.b, the NRC will conduct traditional enforcement follow-up inspections to review the corrective actions taken to address these violations.
In accordance with Title 10 of the Code of Federal Regulations (10 CFR) 2.390, Public Inspections, Exemptions, Requests for Withholding, of the NRCs Rules of Practice and Procedure, a copy of this cover letter will be available electronically for public inspection in the NRCs Public Document Room or from the Publicly Available Records (PARS) component of the NRCs Agencywide Documents Access and Management System (ADAMS). ADAMS is accessible from the NRC website at http://www.nrc.gov/reading-rm/adams.html (the Public Electronic Reading Room).
However, material enclosed herewith contains Security-Related Information subject to withholding in accordance with 10 CFR 2.390(d)(1) since its disclosure to unauthorized individuals could present a security vulnerability. Therefore, the material in Enclosures 1 and 2 will not be made available electronically for public inspection in the NRC Public Document Room or from ADAMS. If you choose to respond and Security-Related Information is necessary to provide an acceptable response, please mark your entire response Security-Related Information and follow the instructions for withholding in 10 CFR 2.390(b)(1).
If you have any questions concerning this matter, please contact Brice Bickett of my staff at 610-337-5312, or via electronic mail at Brice.Bickett@nrc.gov.
Sincerely, Andrea L. Kock Regional Administrator
Docket Numbers: 50-277 and 50-278 License Numbers: DPR-44 and DPR-56
Enclosures:
1. Notice of Violation (Non-public)
2. Determination of Severity Level and Description of Corrective Actions (Non-public)
cc w/o non-public encl; w/o OUO-SRI:
Distribution via ListServ
cc w/ non-public encl; w/OUO-SRI:
D. Shearer, Director, Bureau of Radiation Protection, PA Department of Environmental Protection B. Fuller, Bureau of Radiation Protection, PA Department of Environmental Protection G. Donahue, Director, Emergency Preparedness Planning, Maryland Department of the Environment R. Moye, Manager Site Security S. Volmer, Manager Site Security Operations ANDREA KOCK Digitally signed by ANDREA KOCK Date: 2025.05.16 15:14:05 -04'00' SUBJECT:
PEACH BOTTOM ATOMIC POWER STATION, UNITS 2 AND 3 - NOTICE OF VIOLATION, NRC INSPECTION REPORT 05000277/2025441 AND 05000278/2025441, AND INVESTGATION REPORT 1-2024-015 DATED MAY 19, 2025
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ML25136A319 (Cover letter w/o enclosure) (Publicly Available)
ADAMS ACCESSION NUMBER: ML25134A253 (Cover letter w/SRI enclosure) (Non-Publicly Available)
SUNSI Review/
X Non-Sensitive
Sensitive
X Publicly Available
Non-Publicly Available
X Cover Letter w/OUO-SRI Enclosure SUNSI Review/
Non-Sensitive X
Sensitive
Publicly Available X
Non-Publicly Available
OFFICE RI/ORA RI/ORA RI/DRSS RI/ORA RI/DRSS RA
L Casey M McLaughlin B Bickett B Klukan M Ferdas A Kock DATE 5/1/2025 5/2/2025 5/6/2025 5/7/2025 5/14/2025 5/19/2025 OFFICE OE NSIR/DSO OGC
NAME J Peralta T Inverso M Rosso
DATE 5/9/2025 5/7/2025 5/12/2025 DISTRIBUTION: (via email)
ADAMS SECY
RIDSSECYMAILCENTER OEMAIL
OEWEB M Gavrilas, EDO
RIDSEDOMAILCENTER T. Steadham, OEDO S. Morris, OEDO D. Pelton, OE
RIDSOEMAILCENTER J. Cai, OE J. Peralta, OE D. Furst, OE A. Kock, RA D. Collins, DRA L. Casey, ORA T. Hennessey, ORA B. Klukan, ORA B. Welling, DORS R. McKinley, DORS J. Zimmerman, DRSS M. Ferdas, DRSS M. Young, DORS S. Haney, DORS L. Cline, DORS C. Dukehart, DORS B. Bickett, DRSS C. Davis, DRSS E. Brothman, NRR
NRRENFORCEMENT T. Inverso, NSIR B. Yip, NSIR D. Davis, NSIR J. Bream, NSIR J. Rey, NSIR R. Carpenter, OGC M. Rosso, OGC
RIDSOGCMAILCENTER A. DeRemigi, OI F. Gore, OI
RIDSOIMAILCENTER M. Hodgkins, OCA
RIDSOCAMAILCENTER D. Screnci, PAO-RI
RIDSOPAMAILCENTER RidsNrrPMPeachBottom Resource RidsNrrDorlLpl1 Resource RidsNrrDirsEnforcement Resource RidsOcfoMailCenter Resource Enforcement Coordinators RII, RIII, RIV (M Kowal; D Betancourt-Roldan, B Alferink)
H Pittman, OPA
RIDSOPAMAILCENTER R Feitel, OIG
RIDSOIGMAILCENTER D DAbate, OCFO
RIDSOCFOMAILCENTER