IR 05000352/2008008

Download: ML082140197

Text

August 1, 2008

EA-08-170 Mr. Charles Chief Nuclear Officer (CNO) and Senior Vice President Exelon Generation Company, LLC Chief Nuclear Officer (CNO) AmerGen Energy Company, LLC 200 Exelon Way Kennett Square, PA 19348

SUBJECT: NRC OFFICE OF INVESTIGATIONS REPORT NO. 1-2007-046 LIMERICK GENERATING STATION - NRC INSPECTION REPORT 05000352/2008008 AND 05000353/2008008

Dear Mr. Pardee:

This letter refers to the investigation initiated by the U. S. Nuclear Regulatory Commission's (NRC) Office of Investigations (OI) on August 20, 2007, at the Limerick Generating Station (LGS). The investigation was initiated after you informed the NRC, on August 3, 2007, that during a routine check of security officers' driver licenses, one security officer's license was found to be altered. During a follow up of the discovery, it was determined that the security officer had not reported arrests as required by the LGS Security Plan. The OI investigation was initiated, in part, to determine whether the security officer had deliberately failed to report the arrests in violation of the LGS security plan. As a result of the investigation, the NRC confirmed that the security officer had deliberately failed to report arrests during his employment at LGS; had altered his license; and, had unescorted access to vital areas of the plant. The LGS Security Plan requires, in part, that individuals with unescorted access to report any arrests, criminal charges, convictions or proceedings that may impact upon his trustworthiness or reliability. The NRC determined that the security officer failed to report arrests that may have had an impact on his trustworthiness or reliability, thereby causing LGS to be in violation of its security plan. The NRC further determined that the security officer engaged in deliberate misconduct by deliberately failing to report the arrests to LGS, as required. Specifically, the security officer admitted that he did not report the arrests for fear that he would lose his job. The NRC determined that the officer was familiar with the requirements for working in a nuclear power plant and he had signed and dated forms indicating that he had not been arrested even though he was aware of the prior offenses and that such information was required to be reported.

Because you are responsible for the actions of your employees, and because the violation was willful, the violation was evaluated under the NRC traditional enforcement process as set forth in Section IV.A.4 of the NRC Enforcement Policy. The NRC concluded that the violation, absent willfulness, would be considered minor, because there would have been no reason to deny the security officer's unescorted access as he was otherwise fully qualified for the position. The current NRC Enforcement Policy is included on the NRC's website at http://www.nrc.gov; select About NRC, Regulation, Enforcement, then Enforcement Policy. The NRC considered issuance of a Notice of Violation for this issue. However, after considering the factors set forth in Section VI.A.1 of the NRC Enforcement Policy, the NRC determined that a non-cited violation (NCV) is appropriate in this case because: (1) you identified the violation, while utilizing an audit process beyond the requirements of your security program, and promptly informed the NRC of the occurrence; (2) the violation involved the acts of an individual who was not considered to be a licensee official within the context of the NRC enforcement policy; (3) the violation appeared to be an isolated action of the employee without management involvement and was not caused by a lack of management oversight; and, (4) you took significant remedial action commensurate with the significance of the event such that it demonstrated the seriousness of the violation to other employees and contractors.

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 I; the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001; and the NRC Resident Inspector at the Limerick Generating Station facility. 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 document system (ADAMS) accessible from the NRC Web site at http://www.nrc.gov/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.

Should you have any questions regarding this letter, please feel free to contact Mr. Paul Krohn at 610-337-5120.

Sincerely,/RA by James W. Clifford For/

David C. Lew, Director Division of Reactor Projects Docket No. 50-352/50-353 License No. NPF-39/NPF-85 DISTRIBUTION: ADAMS (PARS) SECY OCA OEMAIL W. Borchardt, EDO B. Mallett, DEDR E. Leeds, NRR J. Wiggins, NRR B. Boger, NRR S. Williams, RI, OEDO T. Bloomer, OEDO C. Carpenter, OE S. Magruder, OE L. Lopez, OE N. Hasan, OE L. Sreenivas, OE S. Merchant, OE S. Woods, OE S. Bogle, OE D. Starkey, OE C. Marco, OGC R. Romine, OGC R. Zimmerman, NSIR D. Dorman, NSIR R. Correia, NSIR H. Bell, OIG E. Hayden, OPA G. Caputo, OI S. Titherington-Buda, OCFO M. Williams, OCFO S. Collins, RA M. Dapas, RA D. Screnci, RI, PAO N. Sheehan, RI, PAO K. Farrar, RI C. O'Daniell, RI, ORA E. Wilson, RI, OI M. Kowal, NRR R. Nelson, NRR D. Lew, RI, DRP M. Gamberoni, RI, DRS P. Krohn, DRP E. DiPaolo, SRI C. Bickett, RI Enforcement Coordinators RII, RIII, RIV D. Holody, RI A. DeFrancisco, RI R. Summers, RI C. Evans, RII K. O'Brien, RIII K. Fuller, RIV R1DRP_Mail Region I OE Files (with concurrences)Section IV.A.4 of the NRC Enforcement Policy. The NRC concluded that the violation, absent willfulness, would be considered minor, because there would have been no reason to deny the security officer's unescorted access as he was otherwise fully qualified for the position. The current NRC Enforcement Policy is included on the NRC's website at http://www.nrc.gov; select About NRC, Regulation, Enforcement, then Enforcement Policy. The NRC considered issuance of a Notice of Violation for this issue. However, after considering the factors set forth in Section VI.A.1 of the NRC Enforcement Policy, the NRC determined that a non-cited violation (NCV) is appropriate in this case because: (1) you identified the violation, while utilizing a license audit process beyond the requirements of your security program, and promptly informed the NRC of the occurrence; (2) the violation involved the acts of an individual who was not considered to be a licensee official within the context of the NRC enforcement policy; (3) the violation appeared to be an isolated action of the employee without management involvement and was not caused by a lack of management oversight; and, (4) you took significant remedial action commensurate with the significance of the event such that it demonstrated the seriousness of the violation to other employees and contractors. 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 I; the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001; and the NRC Resident Inspector at the Limerick Generating Station facility.

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 document system (ADAMS) accessible from the NRC Web site at http://www.nrc.gov/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. Should you have any questions regarding this letter, please feel free to contact Mr. Paul Krohn at 610-337-5120.

Sincerely,/RA by James W. Clifford For/

David C. Lew, Director Division of Reactor Projects SUNSI Review Complete: RJS____(Reviewer's Initials) DOCUMENT NAME: G:\DRP\BRANCH4\ENFORCEMENT\LGS\SEC OFF LIC FALS\LIM SEC GUARD_LICENSEE LETTER_REV_FLB.DOC After declaring this document "An Official Agency Record" it will be released to the Public. To receive a copy of this document, indicate in the box: "C" = Copy without attachment/enclosure "E" = Copy with attachment/enclosure "N" = No copy ML082140197 OFFICE RI/DRP RI/DRP RI/DRS RI/OI RI/RC NAME FGaskins/FLB for PKrohn/FB For JTrapp/JMT EWilson/EW KFarrar/KF DATE 07/15/08 07/16/08 07/ 15/08 07/16/08 07/16/08 OFFICE RI/ORA *OGC *OE RI/DRP NAME DHolody/AED for DLew/JWC FOR DATE 07/ 16/08 / /08 / /08 07/30/08 OFFICIAL RECORD COPY * RJS not required by EA Strategy Form