ML031560417

Re Office of Investigation Report 3-2002-027 EA-03-102 (IR 05000237-02-015 & 05000249-02-015)

ML031560417
Person / Time
Site:	Dresden
Issue date:	06/03/2003
From:	Pederson C Division of Nuclear Materials Safety III
To:	Skolds J Exelon Generation Co
References
3-2002-027, EA-03-102 IR-02-015
Download: ML031560417 (7)

See also: IR 05000237/2002015

Text

June 3, 2003

EA-03-102

Mr. John L. Skolds, President

and Chief Nuclear Officer

Exelon Nuclear

Exelon Generation Company, LLC

4300 Winfield Road

Warrenville, IL 60555

SUBJECT:

DRESDEN NUCLEAR POWER STATION

NRC INSPECTION REPORT 50-237/02-15(DRS); 50-249/02-15(DRS);

OFFICE OF INVESTIGATION REPORT 3-2002-027

Dear Mr. Skolds:

This refers to the inspection conducted on August 26 through October 4, 2002, at

your Dresden Nuclear Power Station, Units 2 and 3. The purpose of the inspection was

to conduct the biennial baseline inspection of the operator requalification program with an

emphasis on the failure of your staff to ensure that the Dresden licensed operators maintained

their licenses. This failure resulted in the NRC having to issue 47 Notices of Enforcement

Discretion (NOED) letters. The inspection also focused on the circumstances surrounding

your staffs failure to provide accurate and complete information to the NRC regarding the

status of the completion of the requalification program for an individual applying for a reactor

operator license renewal. Inspection Report No. 50-237/249/02-15 which discussed the details

of these issues was issued on November 1, 2002. This letter also refers to the NRC Office of

Investigations (OI) report issued on April 9, 2003. The purpose of the OI investigation was to

determine: (1) if a deliberate falsification of an operators license renewal occurred; (2) if the

License Operator Requalification Training Program lead deliberately failed to timely renew

operator licenses; and (3) if the operations training manager deliberately failed to ensure that

operator licenses were renewed within the NRC-required time frame.

Based on the results of the investigation, OI did not substantiate any deliberate misconduct.

A copy of the OI investigation report (Case No. 3-2002-027/RIII-2002-A-143) synopsis is

enclosed. However, based on the results of the inspection, four apparent violations were

identified, one of which is being considered for escalated enforcement action in accordance

with the "General Statement of Policy and Procedure for NRC Enforcement Actions"

(Enforcement Policy), NUREG-1600. The remaining three apparent violations are not being

considered for escalated enforcement and will be dispositioned in the next Dresden integrated

inspection report. The current Enforcement Policy is included on the NRCs website at

www.nrc.gov; select What We Do, Enforcement, then Enforcement Policy. On March 6,

2002, your staff provided information to the NRC regarding the requalification status of one

individual applying for an NRC reactor operators license renewal. This information was

incorrect and incomplete in that it stated that the individual had met the NRC licensed operator

requalification examination requirements when, in fact, the individual did not. As a result, on

J. Skolds

-2-

March 12, 2002, the NRC renewed a reactor operator license that would not have been

renewed had the correct status of the operator requalification program for the individual been

known. Your staff became aware of this issue on July 11, 2002, and communicated the

information to NRC Region III management via teleconference on July 11, 2002. The

circumstances surrounding this apparent violation, the significance of the issues, and the need

for lasting and effective corrective action were discussed with members of your staff at the

inspection exit meeting on October 4, 2002. As a result, it may not be necessary to conduct a

predecisional enforcment conference in order to enable the NRC to make an enforcement

decision.

In addition, since you identified the violation, and based on our understanding of your

corrective actions, a civil penalty may not be warranted in accordance with Section VI.C.2 of

the Enforcement Policy. The final decision will be based on your confirming on the license

docket that the corrective actions previously described to the staff have been or are being

taken.

Before the NRC makes its enforcement decision, we are providing you an opportunity to either:

(1) respond to the apparent violation (URI 50-237/249/02-15-05(DRS)) addressed in Inspection

Report No. 50-237/249/02-15 within 30 days of the date of this letter; or (2) request a

predecisional enforcement conference. If a conference is held, it will be open for public

observation. The NRC will also issue a press release to announce the conference. Please

contact Roger Lanksbury at (630) 829-9631 within 7 days of the date of this letter to notify the

NRC of your intended response.

If you choose to provide a written response, it should be clearly marked as a "Response to An

Apparent Violation in Inspection Report No. 50-237/249/02-15; EA-03-102" and should include

for each apparent violation: (1) the reason for the apparent violation, or, if contested, the basis

for disputing the apparent violation; (2) the corrective steps that have been taken and the

results achieved; (3) the corrective steps that will be taken to avoid further violations; and

(4) the date when full compliance will be achieved. Your response may reference or include

previous docketed correspondence, if the correspondence adequately addresses the required

response. If an adequate response is not received within the time specified or an extension of

time has not been granted by the NRC, the NRC will proceed with its enforcement decision or

schedule a predecisional enforcement conference.

In addition, please be advised that the number and characterization of apparent violations

described in Inspection Report No. 50-237/249/02-15 may change as a result of further NRC

review. You will be advised by separate correspondence of the results of our deliberations on

this matter.

J. Skolds

-3-

In accordance with 10 CFR 2.790 of the NRCs "Rules of Practice," a copy of this letter and its

enclosure will be made available electronically for public inspection in the NRC Public

Document Room or from the NRCs document system (ADAMS), accessible from the NRC

Web site at http://www.nrc.gov/reading-rm/adams.html. To the extent possible your response

should not include any personal privacy, proprietary, or safeguards information so that it can

be made available to the Public without redaction.

Sincerely,

/RA by Roy Caniano Acting For/

Cynthia D. Pederson, Director

Division of Reactor Safety

Docket Nos. 50-237; 50-249

License Nos. DPR-19; DPR-25

Enclosure:

Synopsis of Office of Investigation Report

Case #3-2002-027/RIII-2002-A-143

cc w/encl:

Site Vice President - Dresden Nuclear Power Station

Dresden Nuclear Power Station Plant Manager

Regulatory Assurance Manager - Dresden

Chief Operating Officer

Senior Vice President - Nuclear Services

Senior Vice President - Mid-West Regional

Operating Group

Vice President - Mid-West Operations Support

Vice President - Licensing and Regulatory Affairs

Director Licensing - Mid-West Regional

Operating Group

Manager Licensing - Dresden and Quad Cities

Senior Counsel, Nuclear, Mid-West Regional

Operating Group

Document Control Desk - Licensing

M. Aguilar, Assistant Attorney General

Illinois Department of Nuclear Safety

State Liaison Officer

Chairman, Illinois Commerce Commission

J. Skolds

-3-

In accordance with 10 CFR 2.790 of the NRCs "Rules of Practice," a copy of this letter and its

enclosure will be made available electronically for public inspection in the NRC Public

Document Room or from the NRCs document system (ADAMS), accessible from the NRC

Web site at http://www.nrc.gov/reading-rm/adams.html. To the extent possible your response

should not include any personal privacy, proprietary, or safeguards information so that it can

be made available to the Public without redaction.

Sincerely,

/RA by Roy Caniano Acting For/

Cynthia D. Pederson, Director

Division of Reactor Safety

Docket Nos. 50-237; 50-249

License Nos. DPR-19; DPR-25

Enclosure:

Synopsis of Office of Investigation Report

Case #3-2002-027/RIII-2002-A-143

cc w/encl:

Site Vice President - Dresden Nuclear Power Station

Dresden Nuclear Power Station Plant Manager

Regulatory Assurance Manager - Dresden

Chief Operating Officer

Senior Vice President - Nuclear Services

Senior Vice President - Mid-West Regional

Operating Group

Vice President - Mid-West Operations Support

Vice President - Licensing and Regulatory Affairs

Director Licensing - Mid-West Regional

Operating Group

Manager Licensing - Dresden and Quad Cities

Senior Counsel, Nuclear, Mid-West Regional

Operating Group

Document Control Desk - Licensing

M. Aguilar, Assistant Attorney General

Illinois Department of Nuclear Safety

State Liaison Officer

Chairman, Illinois Commerce Commission

DOCUMENT NAME: G:DRS\\ML031560417.wpd

• See Previous Concurrence

To receive a copy of this document, indicate in the box: "C" = Copy without attachment/enclosure "E" = Copy with attachment/enclosure "N" = No copy

OFFICE

RIII *

RIII *

RIII *

RIII *

RIII

NAME

CPhillips:aa/sd

RLanksbury BClayton

RPaul

CPederson

DATE

6/3/03

6/3/03

6/3/03

6/3/03

6/3/03

OFFICIAL RECORD COPY

J. Skolds

-4-

ADAMS Distribution:

F. Congel, OE

D. Dambly, OGC

L. Dudes, NRR

J. Dixon-Herrity, OE

AJM

DFT

LWR

RidsNrrDipmIipb

GEG

MAR

HBC

DRC1

DRPIII

DRSIII

PLB1

JRK1

OEMAIL

SYNOPSIS

Office of Investigation Case #3-2002-027

This investigation was initiated on September 23, 2002, by the U.S. Nuclear Regulatory

Commission, Office of Investigations, Region III, to determine: (1) if a deliberate falsification of

an operators license renewal occurred; (2) if the Licensed Operator Requalification Training

(LORT) lead deliberately failed to timely renew operator licenses; and (3) if the operations

training manager deliberately failed to ensure that operator licenses were renewed within the

NRC-required time frame at the Dresden Nuclear Power Station.

Allegation 1: Based upon the evidence developed during this investigation, it was not

substantiated that a Senior Training Specialist and LORT lead deliberately falsified an

operators license renewal.

Allegation 2: Based upon the evidence developed during this investigation, it was not

substantiated that the LORT lead deliberately failed to timely renew operator licenses.

Allegation 3: Based upon the evidence developed during this investigation, it was not

substantiated that the operations training manager deliberately failed to ensure that operator

licenses were renewed within the NRC-required time frame.