ML12292A140

NRC Investigation Report No. 1-2012-030, Letter to Exelon, HP Proc NCV-IV EA-12-190

ML12292A140
Person / Time
Site:	Limerick
Issue date:	10/18/2012
From:	Darrell Roberts Division Reactor Projects I
To:	Pacilio M Exelon Generation Co
KROHN, PG
References
EA-12-190
Download: ML12292A140 (5)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION REGION I 2100 RENAISSANCE BOULEVARD, SUITE 100 KING OF PRUSSIA, PENNSYLVANIA 19406-2713 October 18, 2012 EA-12-190 Mr. Michael J. Pacilio 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. 1-2012-030

Dear Mr. Pacilio:

This letter refers to the investigation by the U. S. Nuclear Regulatory Commission (NRC) Office of Investigations (OI) conducted at Exelon Nuclears (Exelons) Limerick Generating Station (Limerick). The OI investigation, which was completed on August 29, 2012, was conducted to determine whether a contract foreman employed by Shaw deliberately failed to follow procedures on the use of electronic dosimetry (ED) after the loss of his ED at Limerick. The investigation was initiated after Exelon informed the NRC, on February 23, 2012, that a contract foreman had used a crew members ED to re-enter a Radiological Controlled Area (RCA) after the foreman realized he had lost his ED within the RCA. This was contrary to Exelon procedures which required the use of personal dosimetry and the immediate notification of radiation protection (RP) personnel of any lost ED.

Based on the evidence gathered during the OI investigation, the NRC concluded that on February 23, 2012, the contract foreman deliberately failed to follow the ED procedures when he requested that one of his crew members (who had not yet logged out of the RCA) provide the foreman with his (the crew members) ED, so that the foreman could go back into the RCA and find his (the foremans) ED. This was contrary to requirements in the Limerick operating license, and resulted in a violation. Specifically, Technical Specification 6.8.1 requires that written procedures be established, implemented, and maintained covering the activities recommended in Regulatory Guide 1.33, Appendix A, Revision 2, dated February 1978; Regulatory Guide 1.33, Appendix A, Revision 2, dated February 1978, Item 7.e recommends the establishment of written Radiation Protection procedures for personnel monitoring activities in radiation areas; and, Exelon Procedure RP-AA-1008, Revision 2, Section 4, requires, in part that the loss of personal dosimetry be immediately reported to RP.

The NRC concluded, based on the evidence gathered during the OI investigation, that the foremans actions were deliberate. This conclusion was based on the foremans admission to OI that he had received training on the correct ED procedure; his experience working in the RCA; his acknowledgement that he should not have asked to borrow the crew members ED to re-enter the RCA to look for his own; and his acknowledgement that he should have reported

M. Pacilio 2 the issue to RP staff immediately. Based on evidence gathered during the OI investigation, the NRC did not conclude that the crew members actions were willful.

Because the foremans violation was willful, it was evaluated under the NRCs traditional enforcement process using the factors set forth in Section 2.3.2 of the NRC Enforcement Policy.

After careful consideration of these factors, the NRC concluded that this violation should be classified at Severity Level (SL) IV. In reaching this decision, the NRC considered that the significance of the underlying violation was minor because, while the foreman was in possession of the wrong ED, he entered an area of the RCA where dose rates were very low and he was in that area for a very short period of time. In addition, he still had his TLD on his person when he re-entered the RCA. However, the NRC decided to increase the significance of this violation to SL IV since it was willful and the NRC regulatory program is based, in part, on licensees and their contractors acting with integrity.

In accordance with Section 2.3.2 of the Enforcement Policy, and with the approval of the Director, Office of Enforcement, this issue has been characterized as a non-cited violation, because: (1) the violation was identified by the licensee; (2) the violation involved the acts of an individual who, while a supervisor to the crew member, would not have been considered a licensee official with oversight of regulated activities as defined in the Enforcement Policy; (3) the violation did not involve a lack of management oversight and was the isolated action of the employee; and (4) significant remedial action commensurate with the circumstances was taken by the licensee. Regarding the corrective actions, Exelon conducted an internal investigation to determine the cause and appropriate corrective actions and took disciplinary action with respect to both the foreman and the crew member.

The NRC has concluded that information regarding the reason for the violation, the corrective actions taken and planned to correct the violation and prevent recurrence, and the date when full compliance was achieved is already adequately addressed on the docket in this letter.

Therefore, you are not required to respond to this letter unless the description herein does not accurately reflect your corrective actions or your position. 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, 2100 Renaissance Boulevard, Suite 100, King of Prussia, PA 19406; the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001; and the NRC Resident Inspector at Limerick.

In accordance with 10 CFR 2.390 of the NRCs Rules of Practice, a copy of this letter, its enclosure, and your response, if you choose to provide one, will be available electronically for public inspection in the NRC Public Document Room and from the NRCs Agency-wide Documents Access and Management System (ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html.

M. Pacilio 3 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 Region I Docket Nos.: 50-352, 50-353 License Nos.: NPF-39, NPF-85 cc: Distribution via ListServ

M. Pacilio 3 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 Region I Docket Nos.: 50-352, 50-353 License Nos.: NPF-39, NPF-85 cc: Distribution via ListServ DOC NAME: S:\Enf-allg\Enforcement\Proposed-Actions\Region1\Limerick HP Proc NCV-IV EA-12-190.docx X Non-Sensitive X Publicly Available X SUNSI Review/

Sensitive Non-Publicly Available OFFICE RI/ORA RI/DRP RI\DRS RI\DRS RI\OI RI/ORA ADeFrancisco/

NAME P Krohn/ PGK* J Noggle/ JDN* C Miller/ CGM* J Teator/ JAT* K Farrar/ KLF*

AED*

DATE 10/02/12 10/02/12 10/03/12 10/03/12 10/04/12 10/10/12 OFFICE RI\ORA OE NRR OGC RI/DRP J Steffes via E Monteith NLO NAME D Holody/ DJH* J Bowen via email D Roberts/

email via email DATE 10/10/12 10/16/12 10/16/12 10/16/12 10/17/12

• Concurrence on previous sheet OFFICIAL USE COPY

M. Pacilio 4 Distribution:

W. Dean, RI, RA D. Lew, DRA D. Roberts, DRP J. Clifford, DRP C. Miller, DRS P. Wilson, DRS J. Noggle, DRS P. Krohn, DRP D. Screnci / N. Sheehan, OPA K. Farrar, RI D. Holody, RI R. Urban, RI M. McLaughlin, RI C. Crisden, RI A. Rosebrook, RI S. Ibarrola, DRP N. McNamara / D. Tifft, RI E. DiPaolo, SRI J. Hawkins, RI N. Esch, AA C. ODaniell, RI J. Steffes, OE J. Bowen, NRR J. Teator, OI M. Holmes, OI D. Gallagher, OI E. Monteith, OGC R1DRPMail Resource ROPreports Resource RidsNrrPMLimerickResource R1 OE Files (with concurrences)