ML11019A009

NRC Office of Investigations Case No. I-2010-002, Oyster Creek

ML11019A009
Person / Time
Site:	Oyster Creek
Issue date:	01/19/2011
From:	Clifford J Division Reactor Projects I
To:	Pacilio M Exelon Nuclear, Exelon Generation Co
BELLAMY, RR
References
RI-2009-A-0082, 1-2010-002
Download: ML11019A009 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION REGION I 475 ALLENDALE ROAD KING OF PRUSSIA, PENNSYLVANIA 19406-1415 January 19, 2011 Mr. Michael J. Pacilio RI-2009-A-0082 Senior Vice President, Exelon Generation Company, LLC President and Chief Nuclear Officer, Exelon Nuclear 4300 Winfield Road Warrenville, IL 60555

Subject:

NRC Office of Investigations Case No. 1-2010-002

Dear Mr. Pacilio:

The Region I Field Office, NRC Office of Investigations (OI), initiated an investigation (Case No.

1-2010-002) on October 15, 2009, to determine whether a Reactor Operator at Oyster Creek was subject to discrimination by receiving added management scrutiny as a result of raising safety concerns through the generation of a number of issue reports (IRs). Based upon documentary and testimonial evidence during the OI investigation, the NRC concluded that there was insufficient evidence to substantiate that the Reactor Operator had been discriminated against for raising safety concerns.

Specifically, OI determined that the Operations Department had attempted to implement a policy to have supervisors review IRs prior to the initiator submitting them, in order to ensure that the IRs were factually correct and did not contain inflammatory or emotional language. However, the policy had not been formally or uniformly implemented. In fact, due to complaints raised by operations personnel, the policy was determined to be out of process and was stopped by Oyster Creek senior management. OI determined that the short-lived policy did not require supervisors to approve IRs, only to review them, and that there was a lack of evidence to support that the Reactor Operator was singled out by the policy.

Please note that final NRC investigation documents, such as the OI report described above, may be made available to the public under the Freedom of Information Act (FOIA) subject to redaction of information appropriate under the FOIA. Requests under the FOIA should be made in accordance with 10 CFR 9.23, Requests for Records, a copy of which is enclosed for your information.

Also, in accordance with 10 CFR 2.390 of the NRC's "Rules of Practice," a copy of this letter will be available electronically for public inspection in the NRC Public Document Room or from the Publicly Available Records (PARS) component of NRC's document system (ADAMS). ADAMS is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html (the Public Electronic Reading Room).

Mr. Michael J. Pacilio 2 RI-2009-A-0082 No response to this letter is required. Should you have any questions regarding this letter, please contact Mr. Jeffrey Kulp of my staff at (610) 337-5200.

Sincerely,

/RA/

James W. Clifford, Acting Director Division of Reactor Projects

Enclosure:

As Stated

Mr. Michael J. Pacilio 3 RI-2009-A-0082 Distribution:

R. Zimmerman, OE R1Allegation Resource J. Clifford, DRP R. Bellamy, DRP J. Kulp, DRP S. Barber, DRP C. Newport, DRP D. Screnci, PAO SUNSI Review Complete: RJU (Reviewers Initials)

DOCUMENT NAME: G:\ORA\ALLEG\LICENSEE\20090082lic.docx After declaring this document An 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 DRP:RPB6 RI:RC RI:OI ORA:SAC DRP:DD NAME J Kulp K Farrar E Wilson R Urban/jrm J Clifford DATE 01/13/2011 01/18/2011 01/14/2011 01/18/2011 01/19/2011 OFFICIAL RECORD COPY