ML071200298
| ML071200298 | |
| Person / Time | |
|---|---|
| Site: | Peach Bottom  |
| Issue date: | 04/30/2007 |
| From: | David Lew Division Reactor Projects I |
| To: | Crane C Exelon Generation Co, Exelon Nuclear |
| KROHN P, RI/DRP/PB4/610-337-5120 | |
| References | |
| 1-2006-016, EA-07-053 | |
| Download: ML071200298 (5) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION REGION I 475 ALLENDALE ROAD KING OF PRUSSIA, PENNSYLVANIA 19406-1415 April 30, 2007 EA 07-053 Mr. Christopher M. Crane President and CNO Exelon Nuclear Exelon Generation Company, LLC 200 Exelon Way KSA 3-E Kennett Square, PA 19348
SUBJECT:
NRC OFFICE OF INVESTIGATIONS CASE NO. 1-2006-016 (Peach Bottom Atomic Power Station)
Dear Mr. Crane:
This letter refers to an investigation initiated by the NRC Office of Investigations (OI), Region I, on January 19, 2006, after your staff informed the NRC that it identified that a nuclear equipment operator (NEO) did not conduct required fire protection surveillances at the Peach Bottom Atomic Power Station and created inaccurate records by documenting the activities as being complete. Your staff determined that this occurred on two occasions: July 7, 2004, and May 3, 2005.
The OI investigation was initiated to determine if the NEO deliberately failed to complete the required fire protection surveillances and deliberately falsified the records documenting the activities as being complete. Based on the evidence developed during its investigation, including admissions by the NEO, OI substantiated that the individual deliberately failed to complete the required fire protection surveillances and deliberately falsified the records documenting the activities as being completed.
The actions by the NEO resulted in Peach Bottom being in violation of Technical Specification (TS) 5.4.1, Procedures, which requires, in part, that written procedures be established, implemented, and maintained covering fire protection program implementation. Exelon procedure ST-0-037B-341-3, "Unit 3 Reactor Building Fire System Hose Station Visual Inspection," records the 14-step visual inspection of each Unit 3 Reactor Building Fire System Hose Station, and Exelon procedure RT-0-037-321-2, "Monthly Inspection of Reactor Building Fire Extinguishers," records the 13-step visual inspection of each Unit 2 reactor building fire extinguisher. Contrary to these requirements, the Unit 3 reactor building fire system hose station visual inspection and the Unit 2 reactor building fire extinguisher inspection were not implemented on July 7, 2004 and May 3, 2005, respectively. Also, the subject test data sheets were initialed by the NEO indicating the inspection of sixteen fire system hose stations in the Unit 3 reactor building and eight fire extinguishers in the Unit 2 reactor building were
Mr. Christopher M. Crane 2
satisfactorily completed. However, Exelon's review, as substantiated by OIs investigation, revealed that the NEO did not spend sufficient time in the areas to complete the number of visual inspections documented in the data sheets in accordance with the inspection requirements.
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 considered that the violation, absent willfulness, would be of minor safety significance because the fire protection equipment was maintained in a functional condition even though the surveillance activities were not properly completed. However, the NRC escalated the severity level to Severity Level IV because the violation involved a deliberate act. The NRC Enforcement Policy is available on the NRC's website at http://www.nrc.gov.
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 Enforcement Policy, the NRC has determined that although the violation was willful, a non-cited violation (NCV) is appropriate in this case because: (1) you identified the violation and notified the NRC; (2) the violation involved the acts of an individual who was at a low level within the organization, and who was not a licensee official in the context of the NRC Enforcement Policy; (3) the violation resulted from the isolated actions of a single individual without management involvement; and, (4) you took significant remedial action which included conducting a prompt investigation, reviewing the access records for other NEOs to determine if others were similarly involved, terminating the employment of the NEO responsible for the willful violation, and placing the issue in your corrective action program. Your follow-up actions included distributing information to supervisors and managers reinforcing the importance of fraud detection and deterrence, and providing information regarding use of security door access records and electronic data records as additional supervisory oversight tools for use for investigation and performance monitoring.
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, DC 20555-0001, with copies to the Regional Administrator, Region I, and the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
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 made 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.
Should you have any questions regarding this letter, please feel free to contact Mr. Mel Gray at 610-337-5209.
Sincerely,
/RA/
David C. Lew, Director Division of Reactor Projects Docket No:
50-277/278 License No:
Mr. Christopher M. Crane 2
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 considered that the violation, absent willfulness, would be of minor safety significance because the fire protection equipment was maintained in a functional condition even though the surveillance activities were not properly completed. However, the NRC escalated the severity level to Severity Level IV because the violation involved a deliberate act. The NRC Enforcement Policy is available on the NRC's website at http://www.nrc.gov.
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 Enforcement Policy, the NRC has determined that although the violation was willful, a non-cited violation (NCV) is appropriate in this case because: (1) you identified the violation and notified the NRC; (2) the violation involved the acts of an individual who was at a low level within the organization, and who was not a licensee official in the context of the NRC Enforcement Policy; (3) the violation resulted from the isolated actions of a single individual without management involvement; and, (4) you took significant remedial action which included conducting a prompt investigation, reviewing the access records for other NEOs to determine if others were similarly involved, terminating the employment of the NEO responsible for the willful violation, and placing the issue in your corrective action program. Your follow-up actions included distributing information to supervisors and managers reinforcing the importance of fraud detection and deterrence, and providing information regarding use of security door access records and electronic data records as additional supervisory oversight tools for use for investigation and performance monitoring.
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, DC 20555-0001, with copies to the Regional Administrator, Region I, and the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
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 made 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.
Should you have any questions regarding this letter, please feel free to contact Mr. Mel Gray at 610-337-5209.
Sincerely,
/RA/
David C. Lew, Director Division of Reactor Projects Docket No:
50-277/278 License No:
R. Summers, ORA M. Gray, DRP A. Blough, DRS E. Wilson, OI K. Farrar, RC D. Holody, ORA D. Lew, DRP CCarpenter, OE LTrocine, OE OEMAIL SUNSI Review Complete: PGK (Reviewers Initials)
DOCUMENT NAME:C:\\FileNet\\ML071200298.wpd After declaring this document An Official Agency Record it wil be released to the Public.
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- EWilson KFarrar DHolody DATE 03/09/07 03/21/07 03/21/07 03/23/07 03/23/07 OFFICE OE OGC RI/DRP NAME DSolorio BKlulson DLew DATE 04/10/07 03/29/07 04/16/07 OFFICIAL RECORD COPY ML071200298
Mr. Christopher M. Crane 3
cc w/encl:
Chief Operating Officer, Exelon Generation Company, LLC Site Vice President, Peach Bottom Atomic Power Station Plant Manager, Peach Bottom Atomic Power Station Regulatory Assurance Manager - Peach Bottom Associate General Counsel, Exelon Generation Company Manager, Financial Control & Co-Owner Affairs Vice President, Licensing and Regulatory Affairs Senior Vice President, Mid-Atlantic Senior Vice President - Operations Support Senior Vice President, Nuclear Services Director, Licensing and Regulatory Affairs J. Bradley Fewell, Assistant General Counsel, Exelon Nuclear Manager Licensing, PBAPS Director, Training Correspondence Control Desk Director, Bureau of Radiation Protection, Department of Environmental Protection R. McLean, Power Plant and Environmental Review Division (MD)
G. Aburn, Maryland Department of Environment T. Snyder, Director, Air and Radiation Management Administration, Maryland Department of the Environment (SLO, MD)
Public Service Commission of Maryland, Engineering Division Board of Supervisors, Peach Bottom Township B. Ruth, Council Administrator of Harford County Council Mr. & Mrs. Dennis Hiebert, Peach Bottom Alliance TMI - Alert (TMIA)
J. Johnsrud, National Energy Committee, Sierra Club Mr. & Mrs. Kip Adams E. Epstein, TMI Alert R. Fletcher, Department of Environment, Radiological Health Program