IR 05000454/2016406

Temporary Instruction 2800/041; Inspection Report and Exercise of Enforcement Discretion 05000454/2016406; 05000455/2016406 (Cover Letter Only)

ML16119A058
Person / Time
Site:	Byron
Issue date:	04/27/2016
From:	O'Brien K Division of Reactor Safety III
To:	Bryan Hanson Exelon Generation Co, Exelon Nuclear
References
EA-16-094 IR 2016406
Download: ML16119A058 (4)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION

REGION III

2443 WARRENVILLE RD. SUITE 210 LISLE, IL 60532-4352 April 27, 2016 EA-16-094 Mr. Bryan Senior VP, Exelon Generation Company, LLC President and CNO, Exelon Nuclear 4300 Winfield Road Warrenville, IL 60555 SUBJECT: BYRON STATION, UNITS 1 AND 2 - TEMPORARY INSTRUCTION 2800/041, 10 CFR PART 37, PHYSICAL PROTECTION OF CATEGORY 1 AND CATEGORY 2 QUANTITIES OF RADIOACTIVE MATERIAL AT FACILITIES WITH A 10 CFR PART 73, PHYSICAL PROTECTION PROGRAM; INSPECTION REPORT AND EXERCISE OF ENFORCEMENT DISCRETION 05000454/2016406; 05000455/2016406

Dear Mr. Hanson:

On March 25, 2016, the U.S. Nuclear Regulatory Commission (NRC) completed an inspection at your Byron Station, Units 1 and 2, using Temporary Instruction 2800/041, Title 10 of the Code of Federal Regulations (10 CFR) Part 37, Physical Protection of Category 1 and Category 2, Quantities of Radioactive Material at Facilities with a 10 CFR Part 73, Physical Protection Program. The enclosed inspection report documents the results of the inspection, which were discussed on March 25, 2016, with Mr. M. Kanavos and other members of your staff.

The inspection examined activities conducted under your license as they relate to the implementation of 10 CFR Part 37, your compliance with the Commissions rules and regulations, and with the conditions of your operating licenses. Within these areas, the inspection involved examination of selected procedures and representative records, observations of activities, and interviews with personnel.

One licensee-identified violation, which was determined to be of very-low significance (Severity Level IV), is documented in this report. This violation met the criteria specified in NRC Enforcement Guidance Memorandum 14-001, Interim Guidance for Dispositioning 10 CFR Part 37, Violations with Respect to Large Components or Robust Structures Containing Category 1 or Category 2 Quantities of Material at Power Reactor Facilities Licensed under 10 CFR Parts 50 and 52. Therefore, I have been authorized, after consultation with the Director, Office of Enforcement, and the Regional Administrator, to exercise enforcement discretion for this violation and the NRC is not taking enforcement action for the noncompliance.

In accordance with Title 10 of the Code of Federal Regulations (10 CFR) 2.390, Public Inspections, Exemptions, Requests for Withholding, of the NRC's "Rules of Practice," a copy of this letter will be available electronically for public inspection in the NRCs Public Document Enclosure transmitted herewith contains Sensitive Unclassified Non-Safeguards Information. When separated from enclosure, this transmittal document is decontrolled. Room or from the Publicly Available Records (PARS) component of the NRC's Agencywide Documents Access and Management System (ADAMS). ADAMS is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html (the Public Electronic Reading Room).

However, the material enclosed herewith contains Security-Related Information in accordance with 10 CFR 2.390(d)(1) and its disclosure to unauthorized individuals could present a security vulnerability. Therefore, the material in the enclosure will not be made available electronically for public inspection in the NRC Public Document Room or from the PARS component of NRC's ADAMS. If you choose to provide a response and Security-Related Information is necessary to provide an acceptable response, please mark your entire response Security-Related Information-Withhold from public disclosure under 10 CFR 2.390 in accordance with 10 CFR 2.390(d)(1) and follow the instructions for withholding in 10 CFR 2.390(b)(1). In accordance with 10 CFR 2.390(b)(1)(ii), the NRC is waiving the affidavit requirements for your response.

Should you have any questions regarding this inspection, we will be pleased to discuss the issues with you.

Sincerely,

/RA/

Kenneth G. OBrien, Director Division of Reactor Safety Docket Nos. 50-454; 50-455 License Nos. NPF-37; NPF-66 Nonpublic Enclosure:

IR 05000454/2016406; 05000455/2016406 cc: G. Armstrong, Byron Station Security Manager J. Klinger, State Liaison Officer, Illinois Emergency Management Agency cc w/o encl: Distribution via LISTSERV