ML112710309
| ML112710309 | |
| Person / Time | |
|---|---|
| Site: | Peach Bottom  |
| Issue date: | 09/28/2011 |
| From: | Darrell Roberts Division Reactor Projects I |
| To: | Pacilio M Exelon Generation Co, Exelon Nuclear |
| Krohn P | |
| References | |
| 1-2011-012, EA-11-102 | |
| Download: ML112710309 (4) | |
Text
September 28, 2011 EA-11-102 Mr. Michael J. Pacilio Senior Vice President, Exelon Generation Company, LLC President and Chief Nuclear Officer, Exelon Nuclear 4300 Winfield Road Warrenville, IL 60555
SUBJECT:
NRC INVESTIGATION REPORT NO. 1-2011-012
Dear Mr. Pacilio:
This letter refers to the investigation conducted by the U. S. Nuclear Regulatory Commission (NRC) Office of Investigations (OI) at Exelon Generation Company LLCs (Exelons) Peach Bottom Atomic Power Station (Peach Bottom), and completed on April 20, 2011. The investigation was conducted to determine whether a security officer (SO) with Unescorted Access (UA) at Peach Bottom, deliberately failed to report an arrest to Exelon on his first day back at work following the arrest, as required by Exelon procedures. Exelon had previously identified this failure and notified the NRC.
Based on the OI investigation, the NRC found that the SO had been arrested on December 16, 2010, and charged with threatening another motorist. The SO was released on bail the following day and did not report the arrest to his supervisor or any other Exelon official until December 20, 2010, even though the SO reported to Peach Bottom for work on the same evening he was released, as well as on December 18 and December 19, 2010. The SO acknowledged to OI that at the start of each shift, his supervisor would ask if anyone had any legal actions to report. However, the SO testified that he did not report the arrest sooner because he was distracted by the illness of a family member.
The SOs failure to report the arrest was contrary to licensee procedures, and, as of March 31, 2010, was also contrary to NRC regulations regarding access authorization (10 CFR 73.56(g)),
which require that individuals with UA must promptly self report legal actions to their supervisor or other designated manager. Upon receiving such a report from an individual, licensees must evaluate the circumstances and re-determine the individuals UA status. The NRC identified that upon receiving the SOs late notification of his arrest, Exelon immediately rescinded the SOs site access to investigate the matter, and subsequently terminated the SOs employment as a result of its investigation.
The NRC determined that the SO violated NRC requirements by not promptly reporting the arrest, as required by 10 CFR 73.56(g). However, after considering the information developed during the investigation, the NRC has concluded that Exelon did not commit a violation of NRC requirements in regard to this issue.
You are not required to respond to this letter. However, should you chose to respond, your response should be sent to the U.S. Nuclear Regulatory Commission, ATTN: Regional Administrator, Region I, 4875 Allendale Rd., King of Prussia, PA 19406, and marked Open by
M. Pacilio 2
Addressee Only, within 30 days of the date of this letter, with a copy to the NRC Resident Inspector at Peach Bottom.
In accordance with 10 CFR 2.390 of the NRCs Rules of Practice, a copy of this letter will be available electronically for public inspection in the NRC Public Document Room and from the NRCs Agencywide Documents Access and Management System (ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. Should you have any questions regarding this letter, please contact Mr. Paul Krohn at 610-337-5120.
Sincerely,
/RA/
Darrell J. Roberts, Director Division of Reactor Projects Docket Nos.: 50-277, 50-278 License Nos.: DPR-44, DPR-56
M. Pacilio 2
Addressee Only, within 30 days of the date of this letter, with a copy to the NRC Resident Inspector at Peach Bottom.
In accordance with 10 CFR 2.390 of the NRCs Rules of Practice, a copy of this letter will be available electronically for public inspection in the NRC Public Document Room and from the NRCs Agencywide Documents Access and Management System (ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. Should you have any questions regarding this letter, please contact Mr. Paul Krohn at 610-337-5120.
Sincerely,
/RA/
Darrell J. Roberts, Director Division of Reactor Projects Docket Nos.: 50-277, 50-278 License Nos.: DPR-44, DPR-56 SUNSI Review Complete: MMM (Reviewers Initials) ML112710309 DOC NAME:S:\\Enf-allg\\Enforcement\\Proposed-Actions\\Region1\\EA-11-102 PB Arrest Rpt Lic clst final.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 box: "C" = Copy w/o attachment/enclosure "E" = Copy w/attachment/enclosure "N" = No copy OFFICE mmt RI/ORA RI/DRP RI/DRS RI/DRS RI / OI NAME M McLaughlin / MMM*
P Krohn/ A Rosebrook for*
J Trapp/ D Caron for* C Miller/ P Wilson for*
E Wilson/ EPW*
DATE 9/06/11 09/07/11 09/07/11 09/09/11 09/12/11 OFFICE RI/ORA RI/ORA RI/DRP NAME K Farrar/ KLF*
D Holody/ DJH*
D Roberts/DJR DATE 09/13/11 09/13/11 09/28/11 See previous sheet for concurrence OFFICIAL RECORD COPY
M. Pacilio 3
Distribution w/encl:
W. Dean, RI, RA D. Lew, DRA D. Roberts, DRP J. Clifford, DRP C. Miller, DRS P. Wilson, DRS J. Trapp, DRS DScrenci/NSheehan, RI K. Farrar, RI D. Holody, RI M. McLaughlin P. Krohn, DRP A. Rosebrook, DRP S. Ibarolla, DRP S. Hansell, SRI C. Douglas, DRP A. Ziedonis, RI S. Farrell, AA C. ODaniell, RI Enforcement Coordinators RII, RIII, RIV (C Evans, S. Orth, H. Gepford)
D. Furst, OE M. Ashley, NRR S. Coker, NSIR R1DRPMailResource R1 OE Files (with concurrences)
ROPreportsResource@nrc.gov RidsNrrPMSeabrookResource