IR 05000289/2011010
| ML113060097 | |
| Person / Time | |
|---|---|
| Site: | Three Mile Island  |
| Issue date: | 11/02/2011 |
| From: | Darrell Roberts NRC/RGN-I/DRP/PB6 |
| To: | Pacilio J Exelon Generation Co, Exelon Nuclear |
| DIPAOLO EM | |
| References | |
| EA-11-169, FOIA/PA-2015-0093 IR-11-010 | |
| Download: ML113060097 (5) | |
Text
UNITED STATES N UCLEAR REGU LATORY COMMISSION
REGION I
475 ALLENDALE ROAD KING OF PRUSSIA, PENNSYLVANIA 19406.1415
SUBJECT:
NRC INVESTIGATION REPORT NO. 1-2011-034 AND NRC INSPECTION REPORT NO. 05000289 1201 1 01 0
Dear Mr. Pacilio:
This letter refers to the investigation by the U. S. Nuclear Regulatory Commission's (NRC)
Office of lnvestigations (Ol) thbt was conducted at Exelon's Three Mile lsland (TMl) facility, and completed on July 7,2011. The investigation was conducted to determine whether a contractor individual deliberately failed to report a June 13,2010, arrest involving drug-related and driving under the influence iharges, on a personal history questionnaire (PHQ) whqn he applied for unescorted access authorization (UAA) at TMI on July 28,2010. Although TMl, in accordance with site procedures, conducted a criminal history check through the Federal Bureau of Investigaiion prior to granting the contractor UAA, the criminal check did not identify that the individual had been airested ltikely due to the temporal proximity of the arrest to the date on which the criminal check was conilucted). Accordingly, TMI granted UAA to the individual, and he worked at the site from August 4-25,2010. After leaving TMl, the individual applied for and received UAA at the Browns Ferry Nuclear Plant (Browns Ferry) and Cooper Nuclear Station (Cooper). Neither Browns Ferry nor Cooper was required to conduct a criminal history check, since the individual had recently been granted UAA at TMl, and TMI had performed such a check. In April 2011, the individual applied for UAA at Salem Nuclear Generating Station (Salem) whibh, in accordance with its site procedures, conducted a criminal history.check, and identified the June 2010 arrest. Salem notified TMl, Browns Ferry, and Cooper of the individual's criminal background, and TMI informed the NRC of the issue.
Based on the evidence gathered during the Ol investigation, including: (1) the individual's statement to Exelon; (2) Exelon's procedure regarding the processing of PHQs; and, (3) Exelon records which indicated that the individual had attended an in-processing orientation class at TMl, during which the students were instructed regarding how to correctly fill out a PHQ, and specifically the criminal history section, the NRC has concluded that the contractor deliberately caused Exelon to violate 10 CFR 50.9, "Completeness and accuracy of information."
Specifically, the individual created an inaccurate record (the PHQ) by failing to include on it that he had been arrested. The PHQ was required to be maintained by the licensee per TMI implementing procedure SY-AA-103-502, "Arrest Reporting," and the site Physical Security Plan. Because the violation was caused by the deliberate action of the individual, it was evaluated under the NRC's traditional enforcement process as set forth in the NRC Enforcement Policy.
The NRC considered that the violation involved the willful action of a non-supervisory individual, and therefore determined that the violation is appropriately classified at Severity Level lV in accordance with the NRC Enforcement Policy. The current NRC Enforcement Policy can be found on the NRC's website at http://www.nrc.qov; by selecting "About NRC," "How We Regulate ," "Enforcement," and finally, "Enforcement Policy."
The NRC considered issuance of a Notice of Violation for this issue. However, after assessing the factors set forth in Section 2.3.2 ol the NRC Enforcement Policy, the NRC determined that a non-cited violation (NCV) is appropriate in this case because, subsequent to the violation being identified, Exelon took appropriate corrective actions, including notifying the NRC and identifying the individual's action to other power reactor licensees through the PersonnelAccess Data System A response to this letter is not required. However, if you contest this NCV or its significance, you should provide a response within 30 days of the date of this letter, with the basis for your denial, to the U.S. Nuclear Regulatory Commission, ATTN.: Document Control Desk, Washington, D.C. 20555-0001, with copies to the Regional Administrator, Region l; the Director, Office of Enforcement, U.S, Nuclear Regulatory Commission, Washington, D.C. 20555-0001; and the NRC Resident Inspector at TMl, Unit 1.
In accordance with 10 CFR 2.390 of the NRC's "Rules of Practice," a copy of this letter and your response, if you choose to provide one, will be available electronically for public inspection in the NRC Public Document Room or from the NRC's Agencywide Documents Access and Management System (ADAMS), accessible from the NRC Web site at http://www.nrc.qov/reading-rm/adams.html. To the extent possible, your response, if you choose to provide one, should not include any personal privacy, proprietary, or safeguards information so that it can be made available to the public without redaction.
M. Pacilio 3 Should you have any questions regarding this letter, please contact Mr. Eugene DiPaolo at 61 0-337-5046.
Sincerely, Darrell J. Robefts, Dirbctor Division of Reactor Projects Docket No. 50-289 License No. DPR-50 cc: Distribution via ListServ R. M. Krich, Vice President, Nuclear Licensing, Browns Ferry Nuclear Plant Brian J. O'Grady, Vice President, Nuclear and Chief Nuclear Officer, Cooper Nuclear Station Distribution Wencl:
W Dean, Rl, RA DLew, Rl, DRA DRoberts, Rl, DRP RPowell, Rl, DRP JClifford, Rl, DRP CMiller, Rl, DRS PWilson, Rl, DRS JTrapp, Rl, DRS DScrenci/NSheehan, Rl, ORA KFarrar, Rl, ORA DHolody, Rl, ORA MMcLaughlin, Rl ORA EDiPaolo, Rt DRP SBarber, Rl DRP DWerkheiser, Rl, Site SRI JHeinly, Rl, Site Rl CO'Daniell, Rl, ORA Enforcement Coordinators Rll, Rlll, RIV (CEvans, Sorth, HGepford)
DFurst, OE MAshley, NRR SCoker, NSIR Rl DRPMailResource R1 OE Files (with concurrences)
ROPreportsResource@nrc. qov RidsNrrPMTMlResource
M. Pacilio 3 Should you have any questions regarding this letter, please contact Mr. Eugene DiPaolo at 610-337-5046.
Sincerely,
/RA by David A. Ayres for/
Darrell J. Roberts, Director Division of Reactor Projects Docket No. 50-289 License No. DPR-50 cc: Distribution via ListServ R. M. Krich, Vice President, Nuclear Licensing, Browns Ferry Nuclear Plant Brian J. O'Grady, Vice President, Nuclear and Chief Nuclear Officer, Cooper Nuclear Station SUNSI Review Gomplete: AED (Reviewer's lnitials) MLl13060097 DOC NAME:SlEnf-allg\Enforcement\Proposed-Actions\Regionl\TMl Anest Case Site Letter mmm.docx After declaring this document "An Official Agency Record" it will be released to the Public.
To receive a coov ofthis document. indicate in box:'C" = 'E" = Coov Mattachment/enclosure'l'1" =
OFFICE RI/ORA RI/DRP RI/DRS RI/DRS Rt/ol NAME ADeFrancisco/AED* EDiPaolo/ EMD* JTrapp/JMT. CMiller/CGM. JTeator/JAT.
DATE 09/30/11 10107111 10t07t11 10t12t11 10t17t11 OFFICE RI/ORA RI/ORA OE RI/DRP NAME D Holodv/MMM for* K Farrar/ KLF* DFursVEMonteith* D Roberts/DAA DATE 10117111 10t18t11 101181111 10t24t11
. See previous sheet for concurrence OFFICIAL RECORD COPY