IR 05000289/2011010
| ML113060097 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 11/02/2011 |
| From: | Roberts D J NRC/RGN-I/DRP/PB6 |
| To: | Pacilio J M Exelon Generation Co, Exelon Nuclear |
| DIPAOLO EM | |
| References | |
| EA-11-169, FOIA/PA-2015-0093 IR-11-010 | |
| Download: ML113060097 (5) | |
Text
UNITED STATESN UCLEAR REGU LATORY COMMISSIONREGION I475 ALLENDALE ROADKING OF PRUSSIA, PENNSYLVANIA 19406.1415November 2, ?OLLEA-11-169Mr. Michael J. PacilioSenior Vice President, Exelon Generation Company, LLCPresident and Chief Nuclear Officer, Exelon Nuclear4300 Winfield Rd.Warrenville, lL 60555
SUBJECT: NRC INVESTIGATION REPORT NO. 1-2011-034 AND NRC INSPECTIONREPORT NO. 05000289 1201 1 01 0
Dear Mr. Pacilio:
This letter refers to the investigation by the U. S. Nuclear Regulatory Commission's (NRC)Office of lnvestigations (Ol) thbt was conducted at Exelon's Three Mile lsland (TMl) facility, andcompleted on July 7,2011. The investigation was conducted to determine whether a contractorindividual deliberately failed to report a June 13,2010, arrest involving drug-related and drivingunder the influence iharges, on a personal history questionnaire (PHQ) whqn he applied forunescorted access authorization (UAA) at TMI on July 28,2010. Although TMl, in accordancewith site procedures, conducted a criminal history check through the Federal Bureau ofInvestigaiion prior to granting the contractor UAA, the criminal check did not identify that theindividual had been airested ltikely due to the temporal proximity of the arrest to the date onwhich the criminal check was conilucted). Accordingly, TMI granted UAA to the individual, andhe worked at the site from August 4-25,2010. After leaving TMl, the individual applied for andreceived UAA at the Browns Ferry Nuclear Plant (Browns Ferry) and Cooper Nuclear Station(Cooper). Neither Browns Ferry nor Cooper was required to conduct a criminal history check,since the individual had recently been granted UAA at TMl, and TMI had performed such acheck. In April 2011, the individual applied for UAA at Salem Nuclear Generating Station(Salem) whibh, in accordance with its site procedures, conducted a criminal history.check, andidentified the June 2010 arrest. Salem notified TMl, Browns Ferry, and Cooper of theindividual's criminal background, and TMI informed the NRC of the issue.Based on the evidence gathered during the Ol investigation, including: (1) the individual'sstatement to Exelon; (2) Exelon's procedure regarding the processing of PHQs; and, (3) Exelonrecords which indicated that the individual had attended an in-processing orientation class atTMl, during which the students were instructed regarding how to correctly fill out a PHQ, andspecifically the criminal history section, the NRC has concluded that the contractor deliberatelycaused Exelon to violate 10 CFR 50.9, "Completeness and accuracy of information."Specifically, the individual created an inaccurate record (the PHQ) by failing to include on it thathe had been arrested. The PHQ was required to be maintained by the licensee per TMIimplementing procedure SY-AA-103-502, "Arrest Reporting," and the site Physical SecurityPlan.
M. PacilioBecause the violation was caused by the deliberate action of the individual, it was evaluatedunder the NRC's traditional enforcement process as set forth in the NRC Enforcement Policy.The NRC considered that the violation involved the willful action of a non-supervisory individual,and therefore determined that the violation is appropriately classified at Severity Level lV inaccordance with the NRC Enforcement Policy. The current NRC Enforcement Policy can befound on the NRC's website at http://www.nrc.qov; by selecting "About NRC," "How WeRegulate ," "Enforcement," and finally, "Enforcement Policy."The NRC considered issuance of a Notice of Violation for this issue. However, after assessingthe factors set forth in Section 2.3.2 ol the NRC Enforcement Policy, the NRC determined that anon-cited violation (NCV) is appropriate in this case because, subsequent to the violation beingidentified, Exelon took appropriate corrective actions, including notifying the NRC and identifyingthe individual's action to other power reactor licensees through the PersonnelAccess DataSystemA response to this letter is not required. However, if you contest this NCV or its significance,you should provide a response within 30 days of the date of this letter, with the basis for yourdenial, to the U.S. Nuclear Regulatory Commission, ATTN.: Document Control Desk,Washington, D.C. 20555-0001, with copies to the Regional Administrator, Region l; the Director,Office of Enforcement, U.S, Nuclear Regulatory Commission, Washington, D.C. 20555-0001;and the NRC Resident Inspector at TMl, Unit 1.In accordance with 10 CFR 2.390 of the NRC's "Rules of Practice," a copy of this letter and yourresponse, if you choose to provide one, will be available electronically for public inspection inthe NRC Public Document Room or from the NRC's Agencywide Documents Access andManagement System (ADAMS), accessible from the NRC Web site athttp://www.nrc.qov/reading-rm/adams.html. To the extent possible, your response, if youchoose to provide one, should not include any personal privacy, proprietary, or safeguardsinformation so that it can be made available to the public without redaction. Should you have any questions regarding this letter, please contact Mr. Eugene DiPaolo at61 0-337-5046.
Sincerely,Docket No. 50-289License No. DPR-50cc: Distribution via ListServR. M. Krich, Vice President, Nuclear Licensing, Browns Ferry Nuclear PlantBrian J. O'Grady, Vice President, Nuclear and Chief Nuclear Officer, Cooper NuclearStationDarrell J. Robefts, DirbctorDivision of Reactor Projects Distribution Wencl:W Dean, Rl, RADLew, Rl, DRADRoberts, Rl, DRPRPowell, Rl, DRPJClifford, Rl, DRPCMiller, Rl, DRSPWilson, Rl, DRSJTrapp, Rl, DRSDScrenci/NSheehan, Rl, ORAKFarrar, Rl, ORADHolody, Rl, ORAMMcLaughlin, Rl ORAEDiPaolo, Rt DRPSBarber, Rl DRPDWerkheiser, Rl, Site SRIJHeinly, Rl, Site RlCO'Daniell, Rl, ORAEnforcement Coordinators Rll, Rlll, RIV (CEvans, Sorth, HGepford)DFurst, OEMAshley, NRRSCoker, NSIRRl DRPMailResourceR1 OE Files (with concurrences)ROPreportsResource@nrc. qovRidsNrrPMTMlResource Should you have any questions regarding this letter, please contact Mr. Eugene DiPaolo at610-337-5046.
Sincerely,/RA by David A. Ayres for/Darrell J. Roberts, DirectorDivision of Reactor ProjectsDocket No. 50-289License No. DPR-50cc: Distribution via ListServR. M. Krich, Vice President, Nuclear Licensing, Browns Ferry Nuclear PlantBrian J. O'Grady, Vice President, Nuclear and Chief Nuclear Officer, Cooper NuclearStationSUNSI Review Gomplete: AED (Reviewer's lnitials)MLl13060097DOC NAME:SlEnf-allg\Enforcement\Proposed-Actions\Regionl\TMl Anest Case Site Letter mmm.docxAfter declaring this document "An Official Agency Record" it will be released to the Public.To receive a coov ofthis document. indicate in box:'C" ='E" = Coov Mattachment/enclosure'l'1" =OFFICE RI/ORARI/DRPRI/DRSRI/DRSRt/olNAME ADeFrancisco/AED*EDiPaolo/ EMD*JTrapp/JMT.CMiller/CGM.JTeator/JAT.DATE 09/30/111010711110t07t1110t12t1110t17t11OFFICE RI/ORARI/ORAOERI/DRPNAME D Holodv/MMM for*K Farrar/ KLF*DFursVEMonteith*D Roberts/DAADATE 1011711110t18t1110118111110t24t11. See previous sheet for concurrenceOFFICIAL RECORD COPY