ML13291A160

EN-13-036, Dresden Station Confirmatory Order and Prohibition Orders (IA-13-024, IA-13-025) Enforcement Notification, (EA-13-068)

ML13291A160
Person / Time
Site:	Dresden
Issue date:	10/18/2013
From:	Gerald Gulla, Nick Hilton NRC/OE
To:	Exelon Generation Co
Gulla G
References
EN-13-036, IA-13-024, IA-13-025
Download: ML13291A160 (3)

Text

October 18, 2013 EN 13-036 OFFICE OF ENFORCEMENT NOTIFICATION OF SIGNIFICANT ENFORCEMENT ACTION Licensee: Exelon Generation Company, LLC EA-13-068 Dresden Nuclear Power Station, Units 2 and 3 Docket No. 50-237, 50-249 Individuals: Mr. Landon E. Brittain, Former Dresden Senior Reactor IA-13-024 Operator Mr. Michael J. Buhrman, Former Dresden Senior Reactor IA-13-025 Operator

Subject:

ISSUANCE OF A CONFIRMATORY ORDER AND PROHIBITION ORDERS This is to inform the Commission that a Confirmatory Order (CO) will be issued to Exelon Generation Company, LLC (Exelon, licensee) and Prohibition Orders will be issued to Mr.

Landon E. Brittain and Mr. Michael J. Buhrman on or about October 24, 2013. The CO will confirm commitments reached as part of an alternative dispute resolution (ADR) mediation settlement agreement between Exelon and the Nuclear Regulatory Commission (NRC). The Prohibition Orders will prohibit Mr. Brittain and Mr. Buhrman from involvement in NRC-licensed activities until such time that these individuals demonstrate reasonable assurance that they will comply with NRC requirements.

An investigation was initiated by the NRC Office of Investigations on June 6, 2012, to determine if Dresden Nuclear Power Station (Dresden) personnel, including a senior reactor operator (SRO), an equipment operator, or other personnel, had knowledge of another SRO planning to commit a violent off-site crime and willfully failed to report that SRO to management for aberrant behavior. The staff concluded that from July 2011 until May 2012, Mr. Brittain and Mr.

Buhrman, two now former Dresden SROs plotted and planned to rob an armored car. During this planning stage they also attempted, but failed to recruit a Dresden equipment operator to assist in this crime.

However, prior to executing the armored car robbery, Mr. Buhrman was apprehended by police for hijacking a car at gunpoint, was later released on bail and fled the country. Mr. Buhrman was tried in absentia, found guilty of aggravated vehicular hijacking and sentenced to a 40-year prison term. Mr. Buhrman was recently apprehended by the Venezuelan intelligence service for various illegal activities, and U.S. authorities (local in conjunction with Federal) are working towards his extradition. At the time of the carjacking, Mr. Brittain was not charged for a crime, but was under investigation for a number of criminal acts. He also fled the country and was later apprehended in Venezuela and extradited to the U.S. He was charged with vehicular hijacking, aggravated vehicular hijacking and obstruction of justice and is currently in the county jail.

2 At the time of the investigation both SROs and the equipment operator had their site access revoked and were subsequently terminated by the licensee. The three individuals along with an additional Dresden SRO, who failed to immediately inform a reviewing official upon learning of this questionable behavior, were in violation of 10 CFR 73.56, Personnel access authorization requirements for nuclear power plants.

As part of the NRCs normal enforcement process, Exelon elected ADR to resolve the matter through mediation. The mediation session was held on September 18, 2013, and a settlement agreement was reached. As part of the ADR settlement agreement, Exelon has completed or intends to complete a number of corrective actions. These actions include fleet wide procedure revisions and training, fleet wide briefings, a presentation at an appropriate industry forum and submit an operating experience summary to an industry wide organization. In consideration of the corrective actions and commitments outlined in the CO, the NRC agreed to refrain from issuing a finding, Notice of Violation and to preclude consideration of this CO as enforcement history for the Dresden Station. The licensee has reviewed the conditions of the CO and has waived its hearing rights.

It should be noted that the licensee has not been specifically informed of the enforcement action. The schedule of issuance and notification is:

Mailing of Orders October 24, 2013 Telephone Notification of Licensee October 24, 2013 The State of Illinois will be notified.

CONTACTS: Gerry Gulla, OE, (301) 415-2872 Nick Hilton, OE, (301) 415-2741

3 DISTRIBUTION: EN-13-036, October 18, 2013 OWFN OWFN TWFN Regional Offices Chairman Macfarlane EDO OCFO RI RII Comm. Svinicki DEDR OP CENTER RIII RIV Comm. Apostolakis DEDMRS OIS Comm. Magwood OE RES Comm. Ostendorff OGC ACRS MAIL SECY NRR FSME OE staff OCA OI NRO OPA OIG OIP 3WFN NMSS NSIR DISTRIBUTION:

Non-Public RZimmerman, OE NHilton, OE GGulla, OE MHalter, NRR SCoker, NSIR OE r/f EN Binder ADAMS Accession Number: ML13291A160 OFFICE OE:ES OE:BC NAME GGulla NHilton DATE 10/18/13 10/18/13 OFFICIAL RECORD COPY