ML083590136

EN-08-074, Issuance of Notice of Violation and Proposed Civil Penalty in the Amount of $65,000 to Exelon Generation Company and Issuance of Notice of Violation to Wackenhut

ML083590136
Person / Time
Site:	Peach Bottom
Issue date:	12/24/2008
From:	Gregory Bowman, Hilton N D NRC/OE
To:	Exelon Generation Co, Wackenhut Services
Bowman G T, OE, 4152939
References
EA-08-298, EA-08-301, EN-08-074
Download: ML083590136 (3)

Text

December 24, 2008 EN-08-074 OFFICE OF ENFORCEMENT NOTIFICATION OF SIGNIFICANT ENFORCEMENT ACTION

Licensee: Exelon Generation Company, LLC (EA-08-298) Peach Bottom Atomic Power Station Docket Nos. 50-277 and 50-278 and Company: Wackenhut Nuclear Services (EA-08-301) 4200 WNS Drive Palm Beach Gardens, FL 33410

Subject:

ISSUANCE OF NOTICE OF VIOLATION AND PROPOSED CIVIL PENALTY IN THE AMOUNT OF $65,000 TO EXELON GENERATION COMPANY AND ISSUANCE OF NOTICE OF VIOLATION TO WACKENHUT This is to inform the Commission that a Notice of Violation and Proposed Civil Penalty of $65,000 will be issued on or about January 6, 2009, to Exelon Generation Company, LLC (Exelon). This action is based on a Severity Level III problem involving inattentive security officers at Peach Bottom Atomic Power Station. An investigation conducted by the NRC Office of Investigations determined that multiple security officers at Peach Bottom were deliberately inattentive on multiple occasions. In addition, multiple security officers deliberately failed to report observations of inattentiveness to their supervision. These security officers put Exelon in violation of 10 CFR 73.55, which requires armed responders to maintain continuous communication with each alarm station and be available to immediately respond to threats, and Peach Bottom License Condition 2.C(3), which requires, in part, reporting of aberrant behavior. In the civil penalty assessment process, no credit was given for identification because the issue was brought to Exelon's attention through an allegation. Credit was given for prompt and comprehensive corrective actions, leading to a base civil penalty of $65,000.

In addition, a Severity Level III Notice of Violation will be issued to Wackenhut Nuclear Services (WNS) on or about January 6, 2009. Specifically, WNS was found to have been in violation of 10 CFR 50.5, which prohibits any contractor of a licensee from engaging in deliberate misconduct that causes a licensee to be in violation of any NRC regulation or condition of a license issued by the Commission. As discussed above, the deliberate actions of WNS employees caused Exelon to be in violation of 10 CFR 73.55 and License Condition 2.C(3).

Previously, in early 2008, WNS was issued Confirmatory Orders as part of alternate dispute resolution settlement agreements for security officer performance issues, including inattentiveness, at Turkey Point Nuclear Plant. Those orders required WNS, in part, to implement initiatives at all facilities supported by WNS to ensure security officer attentiveness, improve the behavior observation program, and enhance safety culture.

Consistent with the Enforcement Policy, the individuals involved will not be subject to enforcement action because of their low level in the organization and because they were not retained by Exelon. They will be issued closeout letters describing the results of the NRC's investigation and detailing their violations, if any. One of the individuals videotaped inattentive 2 security officers and released the tape to the press. That individual was also determined to have deliberately violated NRC requirements. The closeout letter to this individual will identify that he or she knew of the requirement to report observations of inattentiveness in a timely and comprehensive manner but failed to do so, while acknowledging that he or she contributed to the NRC's understanding of the issue and development of industry-wide corrective actions.

Copies of the enforcement actions and individual letters can be reviewed in ADAMS under ML083530073. It should be noted that Exelon, WNS, and the individuals involved have not been specifically informed of these actions.

The schedule for the issuance for all actions is:

Mailing the letter and Notice of Violation to the licensee January 6, 2009 Mailing the letter and Notice of Violation to Wackenhut January 6, 2009 Mailing the closeout letters to the individuals January 6, 2009 Telephone notification to the licensee and Wackenhut January 6, 2009

The States of Pennsylvania and Maryland will be notified.

Contacts: Greg Bowman, OE, (301) 415-2939 Nick Hilton, OE, (301) 415-3055

PRELIMINARY INFORMATION - NOT FOR PUBLIC DISCLOSURE UNTIL VERIFICATION THAT LICENSEE HAS RECEIVED ACTION 2 retained by Exelon. They will be issued closeout letters describing the results of the NRC's investigation and detailing their violations, if any. One of the individuals videotaped inattentive security officers and released the tape to the press. That individual was also determined to have deliberately violated NRC requirements. The closeout letter to this individual will identify that he or she knew of the requirement to report observations of inattentiveness in a timely and comprehensive manner but failed to do so, while acknowledging that he or she contributed to the NRC's understanding of the issue and development of industry-wide corrective actions.

Copies of the enforcement actions and individual letters can be reviewed in ADAMS under ML083530073. It should be noted that Exelon, WNS, and the individuals involved have not been specifically informed of these actions.

The schedule for the issuance for all actions is:

Mailing the letter and Notice of Violation to the licensee January 6, 2009 Mailing the letter and Notice of Violation to Wackenhut January 6, 2009 Mailing the closeout letters to the individuals January 6, 2009 Telephone notification to the licensee and Wackenhut January 6, 2009

The States of Pennsylvania and Maryland will be notified.

Contacts: Greg Bowman, OE, (301) 415-2939 Nick Hilton, OE, (301) 415-3055

Electronic Distribution: EN-08-074, December 24, 2008 OWFN Chairman Klein Comm. Jaczko Comm. Lyons Comm. Svinicki SECY OCA PA IP OWFN EDO DEDR DEDMRS OE OGC NRR NSIR OI STP TWFN OCFO OP CENTER NMSS OIG OCIO RES ACRS Regional Offices RI RII RIII RIV MAIL ADAMS OE Staff DISTRIBUTION: (Hard copy) C. Carpenter, OE S. Magruder, OE G. Bowman, OE N. Hilton, OE OE r/f EA-08-298 File EA-08-301 File EN binder

Publicly Available X Non-Sensitive X ML083590136 OFFICE OE:ES OE:BC NAME GBowman NHilton DATE 12/24/08 12/24/08 OFFICIAL RECORD COPY