ML072920283

CAL 1-07-005, Peach Bottom Atomic Power Station

ML072920283
Person / Time
Site:	Peach Bottom
Issue date:	10/19/2007
From:	Collins S Region 1 Administrator
To:	Crane C Exelon Generation Co, Exelon Nuclear
References
CAL 1-07-005
Download: ML072920283 (6)

Text

October 19, 2007 CAL No. 1-07-005 Mr. Christopher M. Crane President and Chief Nuclear Officer Exelon Nuclear Exelon Generation Company, LLC 200 Exelon Way Kennett Square, PA 19348

SUBJECT:

CONFIRMATORY ACTION LETTER (1-07-005)

Dear Mr. Crane:

On September 21, 2007, the NRC initiated a special inspection by an Augmented Inspection Team (AIT) at the Peach Bottom Atomic Power Station (Peach Bottom) to assess aspects of your security program. The inspection was initiated in light of information received by the NRC, on September 19, 2007, indicating personnel behaviors adverse to the security of Peach Bottom, specifically, inattentiveness by security officers. At the time, Exelon Generation Company, LLC (Exelon) had initiated its own investigation into this matter, and during the AIT, provided the NRC with a copy of a transition plan which would change the site security force management from Wackenhut to an Exelon security force.

On October 4, 2007, the NRC sent you a letter describing the interim results of the AIT, which confirmed that a number of security officers from one security team, were, at times during the past year, inattentive to their duties while stationed in a Ready-Room (a room where security officers not on patrol or on watch are allowed to read, study, eat, or relax, but must remain ready to respond). As a result, the NRC requested that you provide a letter, by November 3, 2007, describing the actions that you plan to assure the following: (1) security officers remain attentive at all times while on duty in all required locations at the facility; (2) security officers are both willing and able to recognize instances of inattentiveness and promptly take all appropriate actions; (3) supervisors and personnel take the necessary actions to encourage officers and all plant staff to bring forward any concerns, including indications of inattentiveness, and promptly address such concerns when raised; and, (4) inattentiveness does not extend to other departments or contractors at Peach Bottom. The NRC also requested that you address why this issue was apparently not identified by Exelon.

Exelon has transmitted to the NRC several letters, dated September 21, 2007, October 4, 2007, and October 9, 2007, regarding this matter (ML072900343). These letters, in part, informed the NRC of specific actions that Exelon was taking to confirm compliance with all security requirements related to attentiveness by security officers. One completed action described in your October 4, 2007, letter was the conduct of meetings by the Peach Bottom Site Vice President and Plant Manager with the security force personnel reinforcing the expectations regarding raising concerns and resolving issues, as well as describing the mechanisms available to personnel for communicating concerns. This letter also provided an update on the

Mr. Christopher M. Crane 2 preliminary results of your investigation, described additional interim actions taken to date, and informed the NRC of actions planned for the near term.

It is our understanding, based on a telephone conversation with Exelon, including Mr. Ronald Degregorio, Senior Vice President, Mid-Atlantic, on October 18, 2007, and as described in the aforementioned letters, that you have taken and will complete the following actions:

1) Exelon corporate security management personnel, with the assistance of other site security managers, will conduct and document, daily random observations of the implementation of various aspects of the security program at Peach Bottom until November 18, 2007. Five (5) observations will occur in a 24 hour2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> period, 7 days per week. Random observations will include, but are not limited to, verifying attentiveness at security ready rooms and posts, including bullet resistant enclosures (BREs).

2) Exelon site management will conduct and document, daily observations of various security posts chosen at random. A minimum of one (1) observation will occur daily. In addition, site management will visit the ready room at least once per day, 7 days per week, including at least one backshift visit per week. These actions will continue until November 20, 2007.

3) The Peach Bottom Site Vice President and the Plant Manager will observe the Central Alarm Station and Secondary Alarm Station, as well as one security shift turnover per month until March 2008.

4) Until the transition to an Exelon security force is implemented, on or about November 1, 2007:

• Wackenhut corporate security management will provide 24 hour2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> supervisory oversight coverage of the security activities at the plant.

• Wackenhut site security management will provide 10 hour1.157407e-4 days <br />0.00278 hours <br />1.653439e-5 weeks <br />3.805e-6 months <br /> oversight of security activities, above normal staffing limits, to the day and night shifts.

• Wackenhut security supervision will provide continuous observation and oversight of security personnel in the ready room.

• Wackenhut will conduct random radio checks on average once every 15 minutes during low activity periods and once every 30 minutes during high activity periods for security officers posted in the BREs and ready room.

5) Exelon will provide the NRC information regarding the transition to an Exelon security program and implementing procedures that supersede the above actions, as well as updates on the status of the security force transition plan, via weekly telephone calls, with Region I management. Such changes would include using the new site security management and supervision to conduct random observations of the security program, as well as frequent observations, at least 4 times per shift, of the ready room, until a permanent management observation system is installed.

6) Exelon will complete or maintain all other actions committed to in its October 4, 2007, letter on the schedule listed therein.

Mr. Christopher M. Crane 3

7) Exelon will provide written confirmation to the NRC when these actions are completed.

Pursuant to Section 182 of the Atomic Energy Act, 42 U.S.C. 2232, you are required to:

1) Notify me immediately if your understanding differs from that set forth above;

2) Notify me in writing, if for any reason, you modify or change your plan; and

3) Notify me in writing when you have completed your review and have identified the final corrective actions from your root cause analysis for the inattentive security officers.

The commitments in this Confirmatory Action Letter (CAL) will remain in effect until the NRC has reviewed your root cause analysis, the associated corrective actions and schedule for implementation, and Exelons method for assessing the effectiveness of these actions. The NRC will perform additional inspection(s) to address issues identified during the AIT inspection.

With regard to item 16 of Exelons October 4, 2007, letter, the NRC will schedule a meeting with Exelon upon the completion of your review for this action to discuss the safety conscious work environment (SCWE) survey results as they apply to other Exelon sites. In addition, upon receipt of your response to our October 4, 2007, letter, the NRC may supplement this CAL with additional actions planned to address the NRC concerns contained therein.

Issuance of this Confirmatory Action Letter does not preclude issuance of an order formalizing the above commitments or requiring other actions on the part of the licensee; nor does it preclude the NRC from taking enforcement action for violations of NRC requirements that may have prompted the issuance of this letter.

In accordance with 10 CFR 2.390 of the NRC's "Rules of Practice," a copy of this letter, your submittals referenced herein, and your response, if any, will be made available electronically for public inspection in the NRC Public Document Room or from the NRCs document system (ADAMS), accessible from the NRC Web site at www.nrc.gov/reading-rm/adams.html. To the extent possible, your response should not include any personal privacy, proprietary, or safeguards information so that it can be made available to the Public without redaction. If personal privacy or proprietary information is necessary to provide an acceptable response, then please provide a bracketed copy of your response that identifies the information that should be protected and a redacted copy of your response that deletes such information. If you request withholding of such material, you must specifically identify the portions of your response that you seek to have withheld and provide in detail the bases for your claim of withholding (e.g., explain why the disclosure of information will create an unwarranted invasion of personal privacy or provide the information required by 10 CFR 2.390(b) to support a request for

Mr. Christopher M. Crane 4 withholding confidential commercial or financial information). If safeguards information is necessary to provide an acceptable response, please provide the level of protection described in 10 CFR 73.21.

Sincerely,

/RA/

Samuel J. Collins Regional Administrator Docket Nos.: 50-277; 50-278 License Nos.: DPR-44; DPR-56 cc: See Next Page

ML072920283 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/DRS RI/DRP RI/ORA RI/RC RI/OI NAME MGamberoni DLew DHolody *KFarrar *EWilson DATE 10/19/07 10/19/07 10/19/07 10/19/07 10/19/07 OFFICE NRR NSIR RI/RA NAME **JDyer/jtw for ***RZimmerman/rpc for SCollins DATE 10/19/07 10/19/07 10/19/07 10/ /07 10/ /07 5

cc:

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 Manager, Financial Control & Co-Owner Affairs Vice President, Licensing and Regulatory Affairs Senior Vice President, Mid-Atlantic Senior Vice President - Operations Support Director, Licensing and Regulatory Affairs J. Bradley Fewell, Assistant General Counsel, Exelon Nuclear Manager Licensing, PBAPS Director, Training Correspondence Control Desk D. Allard, Director, Department of Environmental Protection R. McLean, Power Plant and Environmental Review Division (MD)

G. Aburn, Maryland Department of Environment T. Snyder, Maryland Department of Environment 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 J. Powers, Director, PA Office of Homeland Security R. French, Dir, PA Emergency Management Agency