ML092050557

IR 05000320-09-007, on 06/22/2009 - 06/24/2009, for Three Mile Island, Unit 2, Middletown, Pennsylvania

ML092050557
Person / Time
Site:	Three Mile Island
Issue date:	07/24/2009
From:	Joustra J Decommissioning Branch I
To:	Hagan J GPU Nuclear
References
IR-09-007
Download: ML092050557 (6)

See also: IR 05000320/2009007

Text

NUCLEAR REGULATORY COMMISSION

REGION I

475 ALLENDALE ROAD

KING OF PRUSSIA, PENNSYLVANIA 19406-1415

July 24, 2009

Docket No. 05000320 License No. DPR-73

Joseph J. Hagan

President and Chief Nuclear Officer

GPU Nuclear, Inc.

76 South Main Street

Akron, OH 44308

SUBJECT: NRC INSPECTION REPORT NO. 05000320/2009007, GPU NUCLEAR, INC.,

THREE MILE ISLAND NUCLEAR STATION UNIT 2, MIDDLETOWN,

PENNSYLVANIA

Dear Mr. Hagan:

On June 22-24, 2009, the U.S. Nuclear Regulatory Commission (NRC) conducted a safety

inspection at Three Mile Island Nuclear Station, Unit 2 (TMI-2) of activities authorized by the

above listed NRC license. The inspection was an examination of your licensed activities as they

relate to radiation safety and to compliance with the Commission's regulations and the license

conditions. The inspection consisted of observations by the inspector, interviews with personnel,

and a selective examination of representative records. The findings of the inspection were

discussed with Mr. Petro, of your organization, and members of the Exelon management and

staff on June 24, 2009, at the conclusion of the inspection. The enclosed report presents the

results of this inspection.

Based on the results of this inspection, the NRC has determined that one Severity Level IV

violation of NRC requirements occurred. The violation involves the failure to perform a quality

assurance audit of the radioactive waste program in accordance with the GPU Nuclear Post-

Defueling Monitored Storage Quality Assurance Plan for TMI-2, as required by Technical Specification 6.5.3.1. This violation is being treated as a Non-Cited Violation (NCV), consistent

with Section VI.A.1 of the Enforcement Policy. The NCV is described in the subject inspection

report. If you contest the violation or significance of the NCV, you should provide a response

within 30 days of the date of this inspection report, with the basis for your denial, to the Nuclear

Regulatory Commission, ATTN: Document Control Desk, Washington DC 20555-0001, with

copies to: (1) the Regional Administrator, Region 1; (2) the Director, Office of Enforcement,

United States Nuclear Regulatory Commission, Washington, DC 20555-0001; and (3) the NRC

Resident Inspector at Three Mile Island Nuclear Station.

In accordance with 10 CFR 2.390 of the NRCs Rules of Practice, a copy of this letter, its

enclosure, and your response, if applicable, will be available electronically for public inspection

in the NRC Public Document Room and from the NRCs Agencywide Documents Access and

Management System (ADAMS), accessible from the NRC Web site at

http://www.nrc.gov/reading-rm/adams.html. To the extent possible, your response, if you choose

to provide one, should not include any personal privacy, proprietary, or safeguards information

so that it can be made available to the public without redaction.

J. Hagan 2

Current NRC regulations are included on the NRC's website at http://www.nrc.gov/reading-

rm/doc-collections/cfr. The current Enforcement Policy is included on the NRC's website at

http://www.nrc.gov/about-nrc/regulatory/enforcement/enforce-pol.html. You may also obtain

these documents by contacting the Government Printing Office (GPO) toll-free at 1-866-512-

1800. The GPO is open from 7:00 a.m. to 6:30 p.m. EST, Monday through Friday (except

Federal holidays).

Please contact Laurie Kauffman at (610) 337-5323 if you have any questions regarding this

matter.

Sincerely,

/RA K. D. Modes for/

Judith A. Joustra, Chief

Decommissioning Branch

Division of Nuclear Materials Safety

Enclosure:

Inspection Report No. 05000320/2009007

cc w/encl:

C. Crane, President and Chief Operating Officer, Exelon Corporation

K. Fili, Vice President, GPU Nuclear Fleet Oversight

D. Petro, Responsible Engineer, FirstEnergy

G. Gillespie, Responsible Engineer, FirstEnergy

W. Noll, Site Vice President - TMI Unit 1, Exelon

M. Pacilio, Chief Operating Officer, Exelon Nuclear

W. Noll, Site Vice President, TMI Unit 1, Exelon Nuclear

T. Dougherty, Plant Manager, TMI, Unit 1, Exelon Nuclear

D. Atherholdt, Regulatory Assurance, TMI, Unit 1, Exelon Nuclear

Senior Vice President, Nuclear Services, Exelon Nuclear

Senior Vice President, Mid-Atlantic Operations, Exelon Nuclear

Senior Vice President, Operations Support, Exelon Nuclear

Vice President, Licensing and Regulatory Affairs, Exelon Nuclear

P. Cowan, Director, Licensing, Exelon Nuclear

D. Helker, Licensing, Exelon Generation

J. Fewell, Esq., Associate General Counsel, Exelon

Correspondence Control Desk, Exelon Nuclear

J. Hagan 3

cc w/encl cont.:

Chairman, Board of County Commissioners of Dauphin County

Chairman, Board of Supervisors of Londonderry Township

R. Janati, Director, Bureau of Radiation Protection, State of PA

D. Allard, Director, PA DEP

J. Johnsrud, National Energy Committee

E. Epstein, TMI-Alert (TMIA)

D. McGoff, U.S. Department of Energy

W. Keever, The Patriot

B. Hoffman, U.S. Environmental Protection Agency

W. Cohen, Consumer Advocate, Department of Justice

D. Smith, Exelon Generation Company LLC

R. Borsum, B&W Nuclear Technologies

D. Jenkins, Esq., First Energy Legal Department

Senior Resident Inspector, TMI-1

J. Lee

A. Crable

J. Hagan 2

Current NRC regulations are included on the NRC's website at http://www.nrc.gov/reading-

rm/doc-collections/cfr. The current Enforcement Policy is included on the NRC's website at

http://www.nrc.gov/about-nrc/regulatory/enforcement/enforce-pol.html. You may also obtain

these documents by contacting the Government Printing Office (GPO) toll-free at 1-866-512-

1800. The GPO is open from 7:00 a.m. to 6:30 p.m. EST, Monday through Friday (except

Federal holidays).

Please contact Laurie Kauffman at (610) 337-5323 if you have any questions regarding this

matter.

Sincerely,

/RA K. D. Modes for/

Judith A. Joustra, Chief

Decommissioning Branch

Division of Nuclear Materials Safety

Enclosure:

Inspection Report No. 05000320/2009007

cc w/encl:

C. Crane, President and Chief Operating Officer, Exelon Corporation

K. Fili, Vice President, GPU Nuclear Fleet Oversight

D. Petro, Responsible Engineer, FirstEnergy

G. Gillespie, Responsible Engineer, FirstEnergy

W. Noll, Site Vice President - TMI Unit 1, Exelon

M. Pacilio, Chief Operating Officer, Exelon Nuclear

W. Noll, Site Vice President, TMI Unit 1, Exelon Nuclear

T. Dougherty, Plant Manager, TMI, Unit 1, Exelon Nuclear

D. Atherholdt, Regulatory Assurance, TMI, Unit 1, Exelon Nuclear

Senior Vice President, Nuclear Services, Exelon Nuclear

Senior Vice President, Mid-Atlantic Operations, Exelon Nuclear

Senior Vice President, Operations Support, Exelon Nuclear

Vice President, Licensing and Regulatory Affairs, Exelon Nuclear

P. Cowan, Director, Licensing, Exelon Nuclear

D. Helker, Licensing, Exelon Generation

J. Fewell, Esq., Associate General Counsel, Exelon

Correspondence Control Desk, Exelon Nuclear

Distribution w/encl: (via E-mail)

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DOCUMENT NAME: T:\DNMS\WordDocs\Current\Insp Letter\LDPR-73.2009007.ncv.doc

SUNSI Review Complete: LKauffman ltr - ML092050557, rpt - ML092050569

After declaring this document AAn Official Agency Record@ it will be released to the Public.

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OFFICE DNMS/RI N DNMS/RI

NAME LKauffman/LAK JJoustra/KDM f/

DATE 07/24/2009 07/24/2009

OFFICIAL RECORD COPY

J. Hagan 4

Distribution w/encl: (via E-mail)

S. Collins, RA

M. Dapas, DRA

D. Lew, DRP

J. Clifford, DRP

J. Kinneman, DNMS

D. Collins, DNMS

J. Joustra

L. Kauffman

K. Banovac, TMI-2 PM, FSME

D. Persinko, FSME

R. Bellamy, DRP

S. Barber, DRP

C. Newport, DRP

J. Greives, DRP

D. Kern, DRP, Sr Resident Inspector

J. Brand, DRP, Resident Inspector

D. Holody, RI

C. LaRegina, DRP, OA

L. Trocine, RI OEDO

P. Bamford, TMI-1 PM, NRR

G. Miller, TMI-1 PM Backup, NRR

R. Nelson, NRR

H. Chernoff, NRR

ROPreports@nrc.gov