ML031980267
| ML031980267 | |
| Person / Time | |
|---|---|
| Site: | Peach Bottom  |
| Issue date: | 07/16/2003 |
| From: | Lanning W Division of Reactor Safety I |
| To: | Skolds J Exelon Generation Co, Exelon Nuclear |
| References | |
| 1-2003-002 | |
| Download: ML031980267 (5) | |
Text
July 16, 2003 Mr. John L. Skolds President and CNO Exelon Nuclear Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555
SUBJECT:
PEACH BOTTOM ATOMIC POWER STATION NRC OFFICE OF INVESTIGATIONS CASE NO. 1-2003-002
Dear Mr. Skolds:
On January 3, 2003, the NRCs Office of Investigations (OI) initiated an investigation to determine if a reactor operator (RO) at Peach Bottom, or the facility licensee (Exelon Nuclear),
deliberately violated a September 13, 2001, NRC operators License Amendment Restriction.
This amendment required the NRC to be notified of, and to be in agreement with, the acceptable medical status of an RO prior to the RO returning to licensed operator duties.
Based on the evidence developed during the investigation, the NRC has concluded that the RO and Exelon Nuclear violated the NRCs license amendment requirement because the RO returned to licensed duties between April 2002 and December 2002, without notifying the NRC or receiving agreement from the NRC that the RO was medically fit to return to control room duties. However, the NRC did not conclude that the RO or Exelon Nuclear deliberately violated the amendment. The synopsis from OI Case No. 1-2003-002 is enclosed.
After careful consideration of the information developed during the investigation, the NRC has concluded that a violation of NRC requirements occurred. Specifically, 10 CFR 55.53(f) requires, in part, that before resumption of functions authorized by a license issued under this part, an authorized representative of the facility licensee shall certify that the qualifications and status of the licensee are current and valid. Contrary to this requirement, on April 24, 2002, Exelon Nuclear reactivated an RO to perform control room duties in violation of his license, which restricted him from performing control room duties, without first notifying the NRC and having the NRC in agreement with his medical condition.
In accordance with the "General Statement of Policy and Procedure for NRC Enforcement Actions" (Enforcement Policy), NUREG-1600, which is available on the NRCs website at http://www.nrc.gov/what-we-do/regulatory/enforcement.html, the NRC has classified the violation at Severity Level IV due to its very low safety significance because the NRC, based on a review by its reviewing physician, subsequently determined that it was acceptable for the RO to return to licensed duties. In addition, because compliance was restored and the violation was entered into your corrective action program, the NRC is treating it as a non-cited violation, consistent with Section VI.A of the NRCs Enforcement Policy. If you contest this non-cited violation, you should provide a response within 30 days of the date of this letter, with the basis for your denial, to the Nuclear Regulatory Commission, ATTN.: Document Control Desk,
Mr. J. L. Skolds 2 Washington, D.C. 20555-0001; with copies to the Regional Administrator Region I; the Director, Office of Enforcement, United States Nuclear Regulatory Commission, Washington, D.C.
20555-0001; and the NRC Resident Inspector at the Peach Bottom Atomic Power Station.
In accordance with 10 CFR 2.790 of the NRCs "Rules of Practice," a copy of this letter will be available electronically for public inspection in the NRC Public Document Room (PDR) or from the Publically Available Records (PARS) component of the NRCs document system (ADAMS).
ADAMS is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html (the Public Electronic Reading Room).
Questions concerning this matter may be addressed to Mr. Richard Crlenjak, Deputy Director, Division of Reactor Safety, at 610-337-5128. We appreciate your prompt and comprehensive actions in this matter.
Sincerely,
/RA/ Richard V. Crlenjak Acting For Wayne D. Lanning, Director Division of Reactor Safety Docket Nos. 50-277; 50-278 License No. DPR-44, DPR-56
Enclosure:
Synopsis of NRC Investigation 1-2003-002
Mr. J. L. Skolds 3 cc w/encl:
Senior Vice President, Mid-Atlantic Regional Operating Group President and CNO, Exelon Generation Company, LLC Senior Vice President, Operations Support Vice President, Mid-Atlantic Operations Support Senior Vice President, Nuclear Services Site Vice President, Peach Bottom Atomic Power Station Plant Manager, Peach Bottom Atomic Power Station Vice President - Licensing Director, Licensing, Mid-Atlantic Regional Operating Group Director, Nuclear Oversight Regulatory Assurance Manager - Exelon Generation Company, LLC Vice President and General Counsel D. Quinlan, Manager, Financial Control, PSEG R. McLean, Power Plant Siting, Nuclear Evaluations D. Levin, Acting Secretary of Harford County Council R. Ochs, Maryland Safe Energy Coalition Mr. & Mrs. Dennis Hiebert, Peach Bottom Alliance Mr. & Mrs. Kip Adams D. Allard, Director, Pennsylvania Bureau of Radiation Protection R. Janati, Chief, Division of Nuclear Safety, Pennsylvania Bureau of Radiation Protection Correspondence Control Desk Commonwealth of Pennsylvania State of Maryland TMI - Alert (TMIA)
Board of Supervisors, Peach Bottom Township R. Fletcher, Department of Environment, Radiological Health Program J. Johnsrud, National Energy Committee, Sierra Club Public Service Commission of Maryland, Engineering Division Manager, Licensing - Limerick and Peach Bottom P. Cote, Acting Regional Director, FEMA Region III (EP Exercise/IRs Only)
Mr. J. L. Skolds 4 DISTRIBUTION:
SECY CA OEMAIL OEWEB WTravers, EDO SCollins, DEDR FCongel, OE DDambly, OGC LChandler, OGC BBorchardt, NRR JJolicoeur, OEDO WRogers, NRR JClifford, NRR JBoska, PM, NRR SWall, PM, NRR (Backup)
MCheok, RES Enforcement Coordinators RII, RIII, RIV SGagner, OPA HBell, OIG GCaputo, OI DDandois, OC HMiller, RA JWiggins, DRA WLanning, DRS RBlough, DRP DScrenci/NSheehan, PAO-RI MShanbaky, RI RConte, RI AMcMurtray, Senior Resident Inspector KFarrar, RI DHolody/RUrban, RI DFlorek, RI ABlamey, RI GMatakas, RI RJunod, RI Region I OE Files (with concurrences)
DOCUMENT NAME: C:\ORPCheckout\FileNET\ML031980267.wpd 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 OFFICE RI/ORA RI/DRP RI/DRS RI/DRP RI/OI NAME Rurban (RJU) Rconte (RJC) Wlanning (RVC for) Rblough (ARB) Ewilson (WJD for)
DATE 7/10/03 7/10/03 7/11/03 7/11/03 7/14/03 OFFICE RI/ORA RI/RC NAME Dholody (DJH) Kfarrar (KLF)
DATE 7/15/03 7/15/03 OFFICIAL RECORD COPY
SYNOPSIS This investigation was initiated by the U. S. Nuclear Regulatory Commission (NRC), Office of Investigations (OI), Region I, on January 3, 2003, to determine if a reactor operator (RO),
Peach Bottom Atomic Power Station (PB), Delta, PA, or the facility licensee, Exelon Nuclear, deliberately violated a September 13, 2001, NRC Operators License Amendment Restriction (amendment) which required that the NRC be notified of and in agreement with the ROs acceptable medical status prior to performing control room duties. Specifically, an RO performed control room duties between April 24 and December 18, 2002, in spite of the NRC amendment which restricted him/her from doing so without first notifying and having the NRC in agreement with the ROs acceptable medical status.
Based on evidence developed during this investigation, OI concludes that the RO and Exelon Nuclear did violate the NRCs amendments requirements because the RO returned to licensed duties from April to December 2002, without notifying the NRC, and the NRC was not in agreement with the ROs acceptable medical status, prior to performing control room duties.
However, OI did not substantiate that the RO did so knowing that his/her actions to resume control room duties violated NRC requirements, or that the facility licensee deliberately allowed the ROs return to control room duties knowing that it was contrary to the amendment Case No. 1-2003-002