ML073240586

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EN-07-063 - Exelon Generation Company, LLC - Proposed Imposition of Civil Penalty - $65,000
ML073240586
Person / Time
Site: Dresden  Constellation icon.png
Issue date: 11/20/2007
From:
NRC/OE
To:
Exelon Generation Co
Starkey D
References
EA-07-200, EN-07-063 EN-07-063
Download: ML073240586 (2)


Text

November 20, 2007 EN 07-063 OFFICE OF ENFORCEMENT NOTIFICATION OF SIGNIFICANT ENFORCEMENT ACTION Licensee: Exelon Generation Company, LLC EA-07-200 Dresden Nuclear Power Station Docket Nos.50-010, 50-237, and 50-249

Subject:

PROPOSED IMPOSITON OF CIVIL PENALTY - $65,000 This is to inform the Commission that a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $65,000 will be issued on or about November 26, 2007, to Exelon Generation Company, LLC. This action is based on a Severity Level III problem involving four licensee-identified examples of failure to comply with 10 CFR 74.19 between 1959 and 2007.

Specifically, the licensee failed to (a) keep complete records showing the inventory (including location and unique identity), transfer, and disposal of all special nuclear material (SNM) in its possession; (b) establish, maintain, and follow written MC&A procedures that were sufficient to enable the licensee to account for SNM in its possession; and (c) conduct a physical inventory of all SNM in its possession at intervals not to exceed 12 months. This resulted in the failure to account for two fuel pellets and a number of incore detectors containing SNM.

In accordance with the Enforcement Policy, a base civil penalty in the amount of $65,000 is considered for a Severity Level III problem. Because Dresden has not been the subject of escalated enforcement actions within the last 2 years, the staff considered whether credit was warranted for corrective action in accordance with the civil penalty assessment process in Section VI.C.2 of the Enforcement Policy. Credit is warranted for corrective actions which included, but were not limited to, revising the Dresden material control and accounting (MC&A) procedures, and revising corporate procedures to ensure that visual verification of SNM items is performed on an annual basis for all required locations, and that the required SNM receipt, inventory, and disposal records are retained for the lifetime of the plant. The outcome of the normal civil penalty assessment process would result in no civil penalty. Notwithstanding, discretion is warranted, in accordance with Section VII.A.1(c) of the Enforcement Policy, to propose imposition of a base civil penalty for the licensees particularly poor performance in implementing the Dresden MC&A program.

It should be noted that the licensee has not been specifically informed of the enforcement action.

The schedule of issuance and notification is:

Mailing of Notice November 26, 2007 Telephone Notification of Licensee November 26, 2007 Contacts: Doug Starkey, OE, 415-3456 Nick Hilton OE, 415-3055 1

Electronic Distribution: EN-07-063, November 20, 2007 OWFN OWFN TWFN Regional Offices Chairman Klein EDO OCFO RI RII Comm. Jaczko DEDR OP CENTER RIII RIV Comm. Lyons DEDMRS NMSS SECY OE OIG OCA OGC OCIO MAIL PA NRR RES ADAMS IP NSIR ACRS OE staff OI STP DISTRIBUTION: (Hard copy)

CCarpenter SMagruder NHilton MBurrell DStarkey OE r/f EA-07-200 EN Binder ML073240586 OFFICE OE:ES OE:BC NAME DStarkey NHilton DATE 11/20/07 11/20/07 OFFICIAL RECORD COPY 2