ML111230582

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NRC Office of Investigations Case No. 1-2010-040
ML111230582
Person / Time
Site: Oyster Creek
Issue date: 05/02/2011
From: Darrell Roberts
NRC/RGN-I/DRP/PB6
To: Pacilio M
Exelon Nuclear, Exelon Generation Co
bellamy, rr
References
RI-2010-A-0034, 1-2010-040
Download: ML111230582 (2)


Text

UNITED STATES NUCLEAR REGULATORY COMMISSION REGION I 475 ALLENDALE ROAD KING OF PRUSSIA, PENNSYLVANIA 19406-1415 May 2, 2011 Mr. Michael J. Pacilio RI-2010-A-0034 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. 1-2010-040

Dear Mr. Pacilio:

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

1-2010-040) on June 8, 2010, to determine whether a security officer was discriminated against when he/she received a negative personnel record entry after raising security concerns during a training class. Based on testimonial and documentary evidence gathered during the OI investigation, the NRC concluded that the security officer was not subject to a discriminatory action because of raising security concerns during training.

The NRCs conclusion was based on interviews of individuals involved directly in the matter, as well as others in attendance at the training session. The evidence suggested that the negative Fundamental Management System (FMS) entry was used to document a coaching observation made by the supervisor during the training session.

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.

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). No response to this letter is required. Should you have any questions regarding this letter, please contact Dr. Ronald Bellamy of my staff at (610) 337-5200.

Sincerely,

/RA/

Darrell J. Roberts, Director Division of Reactor Projects

Enclosure:

As Stated

Mr. Michael J. Pacilio 2 RI-2010-A-0034 Distribution:

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

DOCUMENT NAME: G:\ORA\ALLEG\LICENSEE\20100034lic.docx ML111230582 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:FOD RI:RC ORA:SAC DRP/DD NAME R Bellamy E Wilson K Farrar R Urban D Roberts DATE 04/28/2011 04/29/2011 04/28/2011 04/29/2011 04/29/2011 OFFICIAL RECORD COPY