ML13017A140

Ltr. to Pacilio, EA-12-203, Oyster - NRC Investigation Report No. 1-2012-044

ML13017A140
Person / Time
Site:	Oyster Creek
Issue date:	01/17/2013
From:	Roberts D J Division Reactor Projects I
To:	Pacilio M J Exelon Nuclear
HUNEGS, G
References
EA-12-203, 1-2012-044
Download: ML13017A140 (4)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION REGION I 2100 RENAISSANCE BOULEVARD, SUITE 100 KING OF PRUSSIA, PENNSYLVANIA 19406-2713 January 17, 2013

EA-12-203 Michael J. Pacilio President and Chief Nuclear Officer

Exelon Nuclear 4300 Winfield Road

Warrenville, IL 60555

SUBJECT:

NRC INVESTIGATION REPORT NO. 1-2012-044

Dear Mr. Pacilio:

This letter refers to the investigation by the U. S. Nuclear Regulatory Commission (NRC) Office of Investigations (OI) conducted at the Oyster Creek Nuclear Generating Station (OC). The investigation, which was completed on September 26, 2012, was conducted to determine whether an OC employee who was enrolled in an initial licensing training (ILT) class as a senior reactor operator (SRO) candidate, deliberately failed to report a May 30, 2004, arrest (for driving under the influence (DUI)) to his supervisor and OC security on the employee's first day back to work following the arrest, in accordance with site procedures. The OI investigation was initiated after OC identified and investigated this matter, determined that the employee did, in fact, deliberately fail to report the arrest within the required time frame, terminated the individual's employment, updated his Personal Access Data System entry to reflect the unfavorable termination, and subsequently informed the NRC Region I office.

Based on the evidence gathered during the OI investigation, the NRC has concluded that the employee, who was arrested on May 30, 2004, while he was offsite and during non-working hours, deliberately did not report the arrest on his first day back to work following the arrest and also knew he should have promptly reported the arrest. Although the employee testified to OI that he informed his supervisor of the arrest approximately one week after it occurred, the employee admitted that he had delayed the reporting, and also did not follow up with the supervisor when he received no further direction regarding the arrest. Also, after the employee entered the ILT class, he completed a psychological testing form dated January 7, 2010, to certify his mental fitness to be an SRO. However, his responses to several questions pertaining to his driving record, alcohol-related offenses, and DUIs, specifically, did not address the May 30, 2004, arrest. OC identified that the arrest occurred when it reviewed a Certificate of Medical History form that the employee completed on April 12, 2012, and on which he acknowledged

having either abused alcohol or a DUI.

M. Pacilio 2 Based on the above, the NRC has concluded that the employee deliberately provided OC information that he knew was inaccurate in some respect material to the NRC when he failed to document the arrest on the January 7, 2010, psychological form. The information is material because the NRC requires licensees to evaluate the circumstances of any arrest to determine whether the individual's trustworthiness and reliability has been called into question, and to re-determine the appropriate unescorted access status for the individual.

After reviewing the specific circumstances r egarding this issue, the NRC is not taking any enforcement action against OC.

You are not required to respond to this letter. However, should you choose to respond, your response should be sent to the U.S. Nuclear Regulatory Commission, ATTN: Regional Administrator, Region I, 2100 Renaissance Boulevard, Suite 100, King of Prussia, PA 19406, and marked "Open by Addressee Only," within 30 days of the

date of this letter, with a copy to the NRC Senior Resident Inspector at OC.

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 and from the NRC's Agency-wide Documents Access and Managem ent 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. Gordon Hunegs at 610-337-5046.

Sincerely,

/RA/ Darrell J. Roberts, Director Division of Reactor Projects

Docket No. 50-219 License No. DPR-16

cc: Distribution via ListServ

ML13017A140 X SUNSI Review/

MMM X Non-Sensitive X Publicly Available OFFICE RI/ORA RI/DRP RI/DRS RI/DRS RI/OI RI/ORA NAME M McLaughlin/ MMM* G Hunegs/ GKH* A Dimitriadis/ AD* C Miller/ JWC for* J Teator/ JAT* K Farrar/ KLF* DATE 11/28/12 11/29/12 12/11/12 12/14/12 12/17/12 12/18/12 OFFICE RI/ORA OE NRR OGC RI/DRP NAME D Holody/ DJH* R Carpenter/ J Bowen/ E Monteith NLO DRoberts/DJR DATE 12/17/12 12/20/12 1/07/13 1/03/13 01/ 16 /13 M. Pacilio 3

Distribution:

W. Dean, RA D. Lew, DRA

D. Roberts, DRP

C. Miller, DRS P. Wilson, DRP J. Clifford, DRS G. Hunegs, DRP S. Barber, DRP

A. Dimitriadis, DRS D. Screnci / N. Sheehan, PAO K. Farrar, RI D. Holody, RI M. McLaughlin / C. Crisden, RI

R. Urban, RI

J. Kulp, Oyster Creek SRI A. Patel, Oyster Creek RI D. Bearde, RI N. McNamara / D. Tifft, RI Enforcement Coordinators RII, RIII, RIV (C. Evans, S. Orth, H. Gepford)

R. Carpenter, OE E. Monteith, OGC J. Bowen, NRR S. Coker, NSIR

J. Teator, OI M. Holmes, OI ROPreportsResource R1 OE Files (with concurrences)

R1DRPMailResource