ML083530605
| ML083530605 | |
| Person / Time | |
|---|---|
| Site: | Peach Bottom  |
| Issue date: | 01/06/2009 |
| From: | Collins S Region 1 Administrator |
| To: | Elizabeth Wilson Wackenhut Corp |
| McLaughlin M | |
| Shared Package | |
| ML083530073 | List: |
| References | |
| 1-2008-001, EA-08-301 EA-08-301 | |
| Download: ML083530605 (7) | |
Text
January 6, 2009 EA-08-301 Wackenhut Nuclear Services ATTN: Mr. Eric Wilson, Chief Executive Officer G4S Regulated Security Solutions 4200 Wackenhut Drive Palm Beach Gardens, FL 33410
SUBJECT:
NOTICE OF VIOLATION (NRC Investigation Report No. 1-2008-001)
Dear Mr. Wilson:
This refers to an investigation completed by the NRCs Office of Investigations (OI) on July 25, 2008. The purpose of the investigation was to determine if security officers employed by Wackenhut Nuclear Services (WNS) at Exelon Generation Companys (Exelon) Peach Bottom Atomic Power Station (Peach Bottom) were willfully inattentive to duty on multiple occasions and failed to adhere to behavioral observation program requirements during 2007.
In a telephone conversation on November 4, 2008, Mr. James Trapp and Mr. Daniel Holody of my staff, and I, informed you that the NRC had completed the subject OI investigation, and based on the review of the evidence gathered during the investigation, the NRC had determined that a violation occurred involving multiple security officers on multiple occasions who were: (1) inattentive, and/or (2) observed inattentive officers and failed to report those officers to management. I informed you that we concluded that the actions of the WNS security officers placed Exelon in violation of NRC regulations, that some of the officers actions were deliberate, and that the NRC was considering escalated enforcement action for the violation. Further, I informed you that the NRC had sufficient information regarding the apparent violation and your corrective actions to make an enforcement decision without the need for a predecisional enforcement conference (PEC) or a written response from you; but informed you that you may choose to participate in those processes or alternative dispute resolution (ADR). You informed us that WNS did not believe that a PEC, written response, or ADR was needed.
Based on the information developed during the investigation, the NRC has determined that a violation of NRC requirements occurred. The violation is cited in the enclosed Notice of Violation (Notice) and the circumstances surrounding it are described in detail in this letter. The violation involved deliberate misconduct by WNS employees contracted to Exelon that caused Exelon to be in violation of: (1) 10 CFR 73.55(f)(1) and 73.55(h)(1), because the inattentive security officers were not capable of maintaining continuous communication with the security alarm stations, nor were they immediately available to fulfill response requirements in accordance with the safeguards contingency plan; and, (2) the Peach Bottom Operating License and Security Plan, because the security officers failed to report their observations of behavior that constituted an unreasonable risk to the health and safety of the public. Specifically, multiple security officers failed to maintain availability by being inattentive in the Peach Bottom ready room on various occasions, and multiple security officers failed to report to their supervisor instances where their own actions or those of fellow workers were observed to involve
Mr. E. Wilson 2 inattentiveness or signs of fatigue. The evidence supporting the violations, as well as the determination that the violations, in part, resulted from deliberate acts by the security officers, included a review of video records of activities in the Peach Bottom ready room on March 12, June 6, June 20, and August 10, 2007, and testimony provided by the security officers in the ready room on those dates, as well as testimony of other security officers and station employees. Given the underlying security significance and its deliberate nature, this violation has been categorized in accordance with the NRC Enforcement Policy as Severity Level III.
Therefore, I have been authorized, after consultation with the Director, Office of Enforcement, to issue the enclosed Notice of Violation.
The NRC recognizes that Exelon removed WNS from providing the contracted security force at its facilities, including Peach Bottom. The NRC also recognizes that WNS has initiated comprehensive corrective actions at its remaining facilities as a result of Confirmatory Orders that the NRC issued on January 22 and April 9, 2008, for similar actions by WNS security officers at the Turkey Point facility (ML080230153 and ML081000175).
The NRC has concluded that the information regarding the reason for the violations, the corrective actions taken and planned to correct the violations and prevent recurrence, and the date when full compliance was achieved is already adequately addressed on the docket in this letter, the aformentioned Confirmatory Orders, and in NRC Inspection Report Nos.
05000277/2007405; 05000278/2007405 (ML073550590) and 05000277/2008406; 05000278/2008406 (ML082420606). Accordingly, you are not required to respond to this letter unless the description therein does not accurately reflect your corrective actions or your position. In that case, or if you choose to provide additional information, you should follow the instructions specified in the enclosed Notice.
If you disagree with this enforcement sanction, you may request ADR with the NRC in an attempt to resolve this issue. ADR is a general term encompassing various techniques for resolving conflicts outside of court using a neutral third party. The technique that the NRC has decided to employ is mediation. Additional information concerning the NRCs program is described in the enclosed brochure (NUREG/BR-0317) and can be obtained at http://www.nrc.gov/about-nrc/regulatory/enforcement/adr.html. The Institute on Conflict Resolution (ICR) at Cornell University has agreed to facilitate the NRCs program as a neutral party. Please contact ICR at (877) 733-9415 within 10 days of the date of this letter if you are interested in pursuing resolution of this issue through ADR.
In accordance with 10 CFR 2.390 of the NRCs Rules of Practice, a copy of this letter, its enclosures, and your response, if you choose to respond, 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. 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, 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 information, 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 withholding confidential commercial or financial information). The NRC also includes significant
Mr. E. Wilson 3 enforcement actions on its Web site at http://www.nrc.gov: select What We Do, Enforcement, then Significant Enforcement Actions.
Should you have any questions concerning this letter, please contact Ms. Marsha Gamberoni, Director, Division of Reactor Safety, Region I, at (610) 337-5126.
Sincerely,
/RA/
Samuel J. Collins Regional Administrator
Enclosures:
- 1. Notice of Violation
- 2. NUREG/BR-0317 cc w/encl:
Chief Operating Officer, Exelon Generation Company, LLC Site Vice President, Peach Bottom Atomic Power Station
Mr. E. Wilson 3 enforcement actions on its Web site at http://www.nrc.gov: select What We Do, Enforcement, then Significant Enforcement Actions.
Should you have any questions concerning this letter, please contact Ms. Marsha Gamberoni, Director, Division of Reactor Safety, Region I, at (610) 337-5126.
Sincerely,
/RA/
Samuel J. Collins Regional Administrator
Enclosures:
- 1. Notice of Violation
- 2. NUREG/BR-0317 cc w/encl:
Chief Operating Officer, Exelon Generation Company, LLC Site Vice President, Peach Bottom Atomic Power Station ADAMS Document Accession No.: ML083530605 SUNSI Review Complete: RJS (Reviewer=s Initials)
DOCUMENT NAME: S:\Enf-allg\Enforcement\Proposed-Actions\Region1\Peach Bottom Inattentive SOs\Peach Bottom Wackenhut (NOV) 12-17-08 HQ Concur.doc After declaring this document AAn 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/DRS E RI/DRS RI/DRP RI/DRP NAME *RSummers *JTrapp *MGamberoni *PKrohn *DLew DATE 11/12/08 11/13/08 11/18/08 11/20/08 11/21/08 OFFICE RI/OI RI/RC RI/ORA HQ/NSIR NAME *EWilson *KFarrar *DHolody *GWest DATE 11/19/08 11/19/08 12/17/08 12/17/08 OFFICE HQ/OGC HQ/OE RI/RA NAME *MBarkman *CCarpenter SCollins DATE 12/16/08 12/17/08 01/06/09 OFFICIAL RECORD COPY
- see previous concurrence page
Mr. E. Wilson 4 DISTRIBUTION w/encl:
ADAMS (PARS) MAshley, NRR SECY RZimmerman, NSIR CA WDean, NSIR OEMAIL RCorreia, NSIR OEWEB DFurst, NSIR WBorchart, EDO JCanady, NSIR BMallett, DEDR Enforcement Coordinators RII, RIII, RIV CCarpenter, OE EHayden, OPA SMagruder, OE HBell, OIG SMerchant, OE GCaputo, OI NHilton, OE STitherington-Buda, OCFO GBowman, OE MWilliams, OCFO LLopez, OE DScrenci/NSheehan, RI NHasan, OE PKrohn, RI RTaylor, OE FBower, RI SWoods, OE KFarrar, RI SBogle, OE DHolody, RI RSummers, OE MMcLaughlin, RI SWilliams, OEDO ADeFrancisco, RI TBloomer, OEDO CO=Daniell, RI CMarco, OGC Region I OE Files MBarkman, OGC SCollins, RI ELeeds, NRR MDapas, RI JWiggins, NRR MGamberoni, RI BBoger, NRR DLew, RI JLubinski, NRR JTrapp, RI HChernoff, NRR NMcNamara, RI RNelson, NRR MBrown, RI JHughey, NRR PBamford, NRR
NOTICE OF VIOLATION Wackenhut Nuclear Services EA-08-301 Palm Beach Gardens, FL 33410 As a result of an NRC Office of Investigations (OI) investigation completed on July 25, 2008, a violation of NRC requirements was identified. In accordance with the NRC Enforcement Policy, the violation is listed below:
10 CFR 50.5 requires, in part, that any contractor, subcontractor, or employee of a contractor or subcontractor of any licensee or applicant for a license, who knowingly provides to any licensee, contractor, or subcontractor, any goods or services that relate to a licensee's activities in this part, may not engage in deliberate misconduct that causes or would have caused, if not detected, a licensee to be in violation of any rule, regulation, or order; or any term, condition, or limitation of any license issued by the Commission.
Contrary to the above, on multiple occasions prior to August 2007, Wackenhut employees engaged in deliberate misconduct that caused Exelon, the licensee at Peach Bottom, to be in violation of NRC regulations and a condition of its Operating License.
Specifically, the following regulations and conditions were not met and were caused by the deliberate acts of Wackenhut employees:
- 1. Armed response individuals on duty were not capable of maintaining continuous communication with an individual in each continuously manned alarm station as required by 10 CFR 73.55(f)(1), nor were they immediately available to fulfill response requirements in accordance with the safeguards contingency plan as required by 10 CFR 73.55(h)(1). Specifically, three security officers at Exelons Peach Bottom Atomic Power Station who were posted as members of the response team in the ready room, were deliberately inattentive on multiple occasions; and
- 2. Security officers failed to implement their duties which include reporting to their supervisor instances of any observed behavior indicating degradation of performance or impairment, including signs of fatigue or any other condition, which may constitute an unreasonable risk to the heath and safety of the public, as required by License Condition 2.C(3) of the Peach Bottom Atomic Power Station Operating License and the Peach Bottom Atomic Power Station Security Plan, Section 4. Specifically, four security officers observed inattentiveness in themselves or fellow workers in the Peach Bottom Atomic Power Station ready room and deliberately did not report those instances to their supervisor on multiple occasions.
This is a Severity Level III violation (Supplements III and VII).
The NRC has concluded that the information regarding the reason for the violations, the corrective actions taken and planned to correct the violations and prevent recurrence, and the date when full compliance was achieved is already adequately addressed on the docket in the Enclosure 1
Notice of Violation 2 letter transmitting this Notice; Confirmatory Orders issued to Wackenhut Nuclear Services on January 22 and April 9, 2008; and NRC Inspection Report Nos. 05000277/2007405; 05000278/2007405 and 05000277/2008406; 05000278/2008406. However, if the description therein does not accurately reflect your position or your corrective actions, you are required to submit a written statement or explanation under 10 CFR 2.201. In that case, or if you choose to respond, clearly mark your response as a Reply to a Notice of Violation (EA-08-301), and send it to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852-2738, with a copy to the Regional Administrator, U.S. Nuclear Regulatory Commission, Region I, and a copy to the NRC Resident Inspector at the facility that is the subject of this Notice.
If you choose to respond, your response will be made available electronically for public inspection in the NRC Public Document Room or from the NRC=s document system (ADAMS),
to the extent possible, it should not include any personal privacy, proprietary, or safeguards information so that it can be made available to the public without redaction. ADAMS is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. 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 that such material is withheld from public disclosure, you must specifically identify the portions of your response that you seek to have withheld and provide in detail the bases for your claim (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 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.
In accordance with 10 CFR 19.11, you may be required to post this Notice within two working days.
Dated this 6th day of January 2009.
Enclosure 1