ML101030075
| ML101030075 | |
| Person / Time | |
|---|---|
| Site: | Oyster Creek |
| Issue date: | 04/12/2010 |
| From: | David Lew Division Reactor Projects I |
| To: | Pardee C Exelon Generation Co, Exelon Nuclear |
| bellamy RR | |
| References | |
| 1-2009-047, EA-10-007 | |
| Download: ML101030075 (3) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION REGION I 475 ALLENDALE ROAD KING OF PRUSSIA, PA 19406-1415 April 12, 2010 EA-10-007 Mr. Charles G. Pardee Senior Vice President, Exelon Generation Company, LLC President and Chief Nuclear Officer, Exelon Nuclear 4300 Winfield Rd.
Warrenville, IL 60555
SUBJECT:
NRC INVESTIGATION REPORT NO. 1-2009-047
Dear Mr. Pardee:
This letter refers to the investigation by the U. S. Nuclear Regulatory Commission's (NRC)
Office of Investigations (OJ) that was completed on January 14, 2010, at Oyster Creek Station (Oyster Creek). The investigation was initiated after Exelon informed the NRC that a contract employee working for Bartlett Nuclear Inc. (Bartlett). at Oyster Creek, failed to report an arrest in accordance with the Oyster Creek Physical Security Plan requirements.
As a result of the 01 investigation, the NRC cc;>nfirmed that the contract employee, who had unescorted access to vital areas of the plant, deliberately failed to report an arrest during his employment for Bartlett at Oyster Creek. The contract employee's actions caused Exelon Generating Company, LLC (Exelon) to be in violation of NRC requirements, specifically License Condition 2.C.(4) of the Oyster Creek operating license, and Section 9.1 of the Oyster Creek PhYSical Security Plan. These documents, in part, require individuals with unescorted access to report any arrest, criminal charges, convictions. or proceedings that may have impact upon the trustworthiness or reliability of the individual. The NRC determined that the contract employee's failure to report the arrest may have had an impact on his trustworthiness or reliability, thereby causing Oyster Creek to be in violation of its Security Plan.
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.AA of the NRC Enforcement Policy. The current NRC Enforcement Policy is included on the NRC's website at http://www.nrc.gov; select About NRC, Regulation, Enforcement, then, Enforcement Policy. The NRC concluded that the failure to report an arrest, absent willfulness, would be considered a Severity Level (SL) IV violation. In accordance with the NRC Enforcement Policy, a willful violation may be considered more significant than the underlying noncompliance based upon the evaluation of several factors. After considering the significance of the underlying violation, as well as the fact that the individual was a non supervisory contract employee, the NRC has decided that an SL IV significance is appropriate.
C. Pardee 2 The NRC considered issuance of a Notice of Violation for this vioh:~tion. However, after considering the factors set forth in Section VI.A1 of the NRC Enforcement Policy, the NRC determined that a non-cited violation (NCV) is appropriate in this case because: (1) Exelon identified the violation and promptly informed the NRC; (2) Exelon placed the issue in its corrective action program and took remedial action to demonstrate the seriousness of the violation to its employees and contractors; (3) the violation appeared to be an isolated action of the employee without management involvement and was not caused by a lack of management oversight; and (4) the violation involved a non-supervisory employee who was not considered a licensee official under the construct *of the NRC Enforcement Policy.
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, D.C. 20555-0001, with copies to the Regional Administrator, Region I; the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001; and the NRC Resident Inspector at Oyster Creek Station.
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 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-rmJadams.html. To the extent possible, your response, if you choose to provide one, should not include any personal privacy, proprietary. or safeguards information so that it can be made available to the public without redaction.
Should yOlu have any questions regarding this letter. please contact Dr. Ronald Bellamy at 610-337 -5200.
Sincerely,
~~~~
Division of Reactor Projects Docket No. 50-219 License No. DPR-16 cc: Distribution via Listserv
C. Pardee 2 The NRC considered issuance of a Notice of Violation for this violation. However, after considering the factors set forth in Section VI.A.1 of the NRC Enforcement Policy, the NRC determined that a non-cited violation (NCV) is appropriate in this case because: (1) Exelon identified the violation and promptly informed the NRC; (2) Exelon placed the issue in its corrective action program and took remedial action to demonstrate the seriousness of the violation to its employees and contractors; (3) the violation appeared to be an isolated action of the employee without management involvement and was not caused by a lack of management oversight; and (4) the violation involved a non-supervisory employee who was not considered a licensee official under the construct of the NRC Enforcement Policy.
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, D.C. 20555-0001, with copies to the Regional Administrator, Region I; the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001:
and the NRC Resident Inspector at Oyster Creek Station.
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 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-rmladams.html. To the extent possible.
your response. if you choose to provide one, should not include any personal privacy.
proprietary, or safeguards information so that it can be made available to the public without redaction.
Should :you have any questions regarding this letter, please contact Dr. Ronald Bellamy at 610-33i'-5200.
Sincerely, IRA by James W, Clifford Acting Fori David C. Lew, Director Division of Reactor Projects SUNSI Review Complete: SB (Reviewer's Initials) ML101030075 DOC NAME: G:\DRP\BRANCH6\ALLEGATIONS\2009 ALLEGATIONS\2009-0085 OC\EA-10-007 OC ARREST LETTER ENF.DOC After declaring this document "An Official Agency Record" it will be released to the Public.
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