[Federal Register Volume 70, Number 232 (Monday, December 5, 2005)]
[Notices]
[Pages 72473-72475]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-6827]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-373; 50-374; License Nos. NPF-11; NPF-18; EA-04-170]


In the Matter of Exelon Generation Company, LLC, LaSalle County 
Station, 2601 North 21st Road, Marseilles, IL 61341-9757; Confirmatory 
Order Modifying License (Effective Immediately)

I

    Exelon Generation Company, LLC (Exelon or licensee) is the holder 
of Facility Operating License Nos. NPF-11 and NPF-18 issued by the U.S. 
Nuclear Regulatory Commission (NRC or Commission) pursuant to 10 CFR 
part 50 on April 17, 1982, and February 16, 1983. The licenses 
authorize the operation of LaSalle County Station, Units 1 and 2 
(LaSalle), in accordance with conditions specified therein. The 
facility is located on the licensee's site in LaSalle County, IL.

II

    On January 25, 2004, three employees of The Venture (Venture), 
contractors to Exelon, and their foreman, also a Venture employee, 
entered a High Radiation Area (HRA) in the LaSalle Unit 1 Reactor 
Building raceway to conduct preparations for valve replacement. The 
contractors did not sign onto the required HRA radiation work permit 
(RWP) or receive the required briefing for work in the HRA. This 
resulted in an apparent violation of LaSalle Technical Specification 
(TS) 5.7.1, ``High Radiation Areas with Dose Rates Not Exceeding 1.0 
rem/hour at 30 Centimeters from the Radiation Source or from any 
Surface Penetration by the Radiation,'' which requires that an 
appropriate RWP be utilized by radiation workers and that a pre-job 
brief be provided prior to entry into any HRA. The NRC's Office of 
Investigations determined that two of the three craft workers and the 
foreman willfully violated the station radiation procedures 
implementing the TSs.
    In a letter dated November 19, 2004, transmitting the Summary of 
Investigation, the NRC provided Exelon an opportunity to address the 
apparent violation. In a letter dated December 17, 2004, Exelon 
responded to the apparent violation by acknowledging that a willful 
violation occurred, that the violation should be categorized at 
Severity Level IV, and that the violation met the NRC criteria to be 
categorized as a non-cited violation (NCV). In a letter dated May 2, 
2005, the NRC categorized the violation at Severity Level III and 
issued Exelon a ``Notice of Violation and Proposed Imposition of Civil 
Penalty--$60,000,'' for LaSalle. On May 12, 2005, in response to the 
NRC's enforcement action, Exelon informed the NRC of its intent to 
appeal the Notice of Violation and Proposed Imposition of Civil Penalty 
and requested the use of the Alternative Dispute Resolution (ADR) 
process as a means to obtain resolution.
    ADR is a general term encompassing various techniques for resolving 
conflict outside of court using a neutral third party, and the NRC 
currently has a pilot program for using ADR. The technique that the NRC 
decided to employ during the pilot program, which is now in effect, is 
mediation.

III

    On July 11, 2005, the NRC and Exelon met at the Exelon headquarters 
in Warrenville, IL, at an ADR session mediated by a professional 
mediator and arranged through Cornell University's Institute on 
Conflict Resolution. As a result of this ADR session, all parties 
reached a settlement agreement, which was signed by both Exelon and NRC 
representatives on July 11, 2005. Subsequent to the ADR mediation 
session, the parties agreed to the addition of two time frames. The 
phrase, ``prior to the next two refueling outages'' replaced the word 
``each'' in item 2.I, and a corrective actions completion date of no 
later than 6 months from the date of issuance of this Confirmatory 
Order, unless otherwise stated, was added to section IV of this 
Confirmatory Order. This resulted in the following stipulations:
    1. The NRC issued a May 2, 2005, Notice of Violation and Proposed 
Imposition of a Civil Penalty (Severity Level III violation, $60,000 
civil penalty) based upon three craft workers and their foreman 
willfully entering a posted HRA without signing the required radiation 
work permit or receiving a HRA briefing in violation of TSs 5.7.1.b and 
e.
    2. After having had an opportunity to examine these issues during 
mediated ADR, Exelon and the NRC have concluded that they can resolve 
all issues on a mutually satisfactory basis. Accordingly, Exelon and 
the NRC have agreed to enter this settlement agreement to provide for 
full settlement of any enforcement matters between Exelon and the NRC 
related to or arising out of events which were the subject of the NRC's 
proposed enforcement action on May 2, 2005. Both Exelon and the NRC 
agree to the following:
    a. A willful violation occurred as documented in the NRC's May 2, 
2005, Notice of Violation; however, the NRC agreed to categorize this 
as a Severity Level IV violation and agreed not to consider it as part 
of the civil penalty assessment process (NRC Enforcement Policy, 
section VI.C.2) should the NRC consider future enforcement actions 
against LaSalle.
    b. A Confirmatory Order is an appropriate enforcement sanction to 
confirm action in this case, and the NRC agrees to a reduced civil 
penalty of $10,000.
    c. Exelon will document in LaSalle station procedures or training 
material, the following corrective actions:
    i. Revise initial radiation worker training material to highlight 
HRA entry requirements and consequences for the radiation worker if 
requirements are not met;
    ii. Revise RWP instructions that allow HRA entry to state ``high 
radiation entry brief required;''
    iii. Add warnings to worker acknowledgments on the computer screen 
during the access control electronic dosimetry log-in process;
    iv. Add the radiation protection aid for conducting HRA briefings; 
and
    v. Require a signature from transient refueling outage workers 
prior to

[[Page 72474]]

issuance of dosimetry that acknowledges their understanding of HRA 
entry requirements and the consequences for violating them.
    d. During the first 10 days, or longer as necessary, of the next 
two refueling outages, LaSalle will have greeters at primary access 
points to the radiologically controlled area to enhance awareness of 
radiological controls.
    e. For the next two refueling outages, all transient refueling 
outage workers, except as specifically authorized by the Radiation 
Protection Manager, will be required to attend and pass a dynamic 
learning activity on proper HRA entry.
    f. LaSalle will perform an industry benchmark evaluation of HRA 
controls, and evaluate changes to existing practices prior to the next 
refueling outage.
    g. In addition to the corrective actions already documented in 
Exelon's December 17, 2004 response, Exelon will require that Venture 
revise its Operating Procedures, which are applicable fleet-wide, to 
further assure compliance with HRA entry requirements and to 
specifically include the following requirements:
    i. That a discussion of pertinent radiological practices be 
conducted at each daily shift brief;
    ii. That Venture employees who will work in radiation areas will 
read, understand, and sign a pledge to attest to his/her commitment to 
follow all radiological requirements. (Each pledge will be co-signed by 
the Venture site manager, project superintendent, or site as low as 
reasonably achievable (ALARA) coordinator and will be retained for a 
period of one year.);
    iii. That Venture superintendents will be present at select pre-job 
briefs involving HRA entries; and
    iv. That Venture will participate in Exelon Radiation Protection 
Manager peer group meetings at least semi-annually to evaluate and take 
action on radiation protection issues.
    h. Exelon will conduct a review of the implementation and 
effectiveness of its and Venture's corrective actions covered in this 
Order. This review shall be conducted for at least the next two 
refueling outages at LaSalle. The results of each review will be made 
available for NRC review upon request. The review shall be conducted by 
knowledgeable individuals independent of the LaSalle facility.
    i. The LaSalle Plant Manager or Site Vice President will meet with 
contract leadership prior to the next two refueling outages to 
establish personnel expectations in following radiological work 
requirements.
    j. The scope of this agreement includes the events which were the 
subject of the NRC's proposed enforcement action on May 2, 2005.
    By a letter from Exelon to the NRC dated August 25, 2005, Exelon 
documented these settlement agreement stipulations and acknowledged 
concurrence with the terms and conditions of the settlement agreement 
dated and signed by representatives of Exelon and the NRC on July 11, 
2005.
    In view of the Confirmatory Order, which was consented to by 
Exelon, as evidenced by your signed ``Consent and Hearing Waiver Form'' 
(copy attached) dated November 18, 2005, and based, in part, on the 
expectation that Exelon will satisfactorily implement the conditions of 
this Confirmatory Order; the NRC is reclassifying the violation from 
Severity Level III to Severity Level IV and will not consider it as 
part of the civil penalty assessment process (Enforcement Policy, 
section VI.C.2) should the NRC consider future enforcement actions at 
LaSalle. Additionally, the NRC will reduce the proposed $60,000 civil 
penalty to $10,000.
    I find that the licensee's commitments as set forth in section IV 
are acceptable and necessary and conclude that, with these commitments, 
the public health and safety are reasonably assured. In view of the 
foregoing, I have determined that the public health and safety require 
that the licensee's commitments be confirmed by this Order. Based on 
the above and the licensee's consent, this Order is immediately 
effective upon issuance.

IV

    Accordingly, pursuant to sections 103, 161b, 161i, 161o, 182, and 
186 of the Atomic Energy Act of 1954, as amended, and the Commission's 
regulations in 10 CFR 2.202 and 10 CFR part 50, it is hereby ordered, 
effective immediately, that License Nos. NPF-11 and NPF-18 are modified 
as follows:
    By no later than 6 months from the date of issuance of this 
Confirmatory Order, unless otherwise stated, the licensee will complete 
the following:
    1. Exelon will document in LaSalle station procedures or training 
material, the following corrective actions:
    a. Revise initial radiation worker training material to highlight 
HRA entry requirements and consequences for the radiation worker if 
requirements are not met;
    b. Revise RWP instructions that allow HRA entry to state ``high 
radiation entry brief required;''
    c. Add warnings to worker acknowledgments on the computer screen 
during the access control electronic dosimetry log-in process;
    d. Add the radiation protection aid for conducting HRA briefings; 
and
    e. Require a signature from transient refueling outage workers 
prior to issuance of dosimetry that acknowledges their understanding of 
HRA entry requirements and the consequences for violating them.
    2. During the first 10 days, or longer as necessary, of the next 
two refueling outages, LaSalle will have greeters at primary access 
points to the radiologically controlled area to enhance awareness of 
radiological controls.
    3. For the next two refueling outages, all transient refueling 
outage workers, except as specifically authorized by the Radiation 
Protection Manager, will be required to attend and pass a dynamic 
learning activity on proper HRA entry.
    4. LaSalle will perform an industry benchmark evaluation of HRA 
controls, and evaluate changes to existing practices prior to the next 
refueling outage.
    5. In addition to the corrective actions already documented in 
Exelon's December 17, 2004 response, Exelon will require that Venture 
revise its Operating Procedures, which are applicable fleet-wide, to 
further assure compliance with HRA entry requirements and to 
specifically include the following requirements:
    a. That a discussion of pertinent radiological practices be 
conducted at each daily shift brief;
    b. That Venture employees who will work in radiation areas will 
read, understand, and sign a pledge to attest to his/her commitment to 
follow all radiological requirements. (Each pledge will be co-signed by 
the Venture site manager, project superintendent, or site as low as 
reasonably achievable (ALARA) coordinator and will be retained for a 
period of one year.);
    c. That Venture superintendents will be present at select pre-job 
briefs involving HRA entries; and
    d. That Venture will participate in Exelon Radiation Protection 
Manager peer group meetings at least semi-annually to evaluate and take 
action on radiation protection issues.
    6. Exelon will conduct a review of the implementation and 
effectiveness of its and Venture's corrective actions covered in this 
Order. This review shall be conducted for at least the next two 
refueling outages at LaSalle. The results of each review will be made 
available for NRC review upon request. The review shall be conducted by 
knowledgeable individuals independent of the LaSalle facility.

[[Page 72475]]

    7. The LaSalle Plant Manager or Site Vice President will meet with 
contract leadership prior to the next two refueling outages to 
establish personnel expectations in following radiological work 
requirements.
    8. The licensee shall pay a civil penalty in the amount of $10,000 
within 30 days of the date of this Order, in accordance with NUREG/BR-
0254. In addition, at the time of making the payment, the licensee 
shall submit a statement indicating when and by what method payment was 
made, to the Director, Office of Enforcement, U.S. Nuclear Regulatory 
Commission, One White Flint North, 11555 Rockville Pike, Rockville, MD 
20852-2738.
    The Director, Office of Enforcement, may relax or rescind, in 
writing, any of the above conditions upon a showing by the licensee of 
good cause.

V

    Any person adversely affected by this Confirmatory Order, other 
than the licensee, may request a hearing within 20 days of its 
issuance. Where good cause is shown, consideration will be given to 
extending the time to request a hearing. A request for extension of 
time must be made in writing to the Director, Office of Enforcement, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555, and include a 
statement of good cause for the extension. Any request for a hearing 
shall be submitted to the Secretary, U.S. Nuclear Regulatory 
Commission, ATTN: Chief, Rulemakings and Adjudications Staff, 
Washington, DC 20555. Copies of the hearing request shall also be sent 
to the Director, Office of Enforcement, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555; to the Assistant General Counsel for 
Materials Litigation and Enforcement at the same address; to the 
Regional Administrator, NRC Region III, 2443 Warrenville Road, Suite 
210, Lisle, IL 60532-4352, and to the licensee. Because of continuing 
disruptions in delivery of mail to U.S. Government offices, it is 
requested that answers and requests for hearing be transmitted to the 
Secretary of the Commission either by means of facsimile transmission 
to (301) 415-1101 or by e-mail to [email protected] and also to the 
Office of the General Counsel either by means of facsimile transmission 
to (301) 415-3725 or by e-mail to [email protected]. If a person 
other than the licensee requests a hearing, that person shall set forth 
with particularity the manner in which his interest is adversely 
affected by this Order and shall address the criteria set forth in 10 
CFR 2.309(d) and (f).
    If a hearing is requested by a person, other than the licensee, 
whose interest is adversely affected, the Commission will issue an 
Order designating the time and place of any hearing. If a hearing is 
held, the issue to be considered at such hearing shall be whether this 
Confirmatory Order should be sustained.
    In the absence of any request for hearing, or written approval of 
an extension of time in which to request a hearing, the provisions 
specified in section IV above shall be final 20 days from the date of 
this Order without further order or proceedings. If an extension of 
time for requesting a hearing has been approved, the provisions 
specified in section IV shall be final when the extension expires if a 
hearing request has not been received. An answer or a request for 
hearing shall not stay the immediate effectiveness of this order.

    For the Nuclear Regulatory Commission.

    Dated this 22nd day of November 2005.
Michael R. Johnson,
Director, Office of Enforcement.

Attachment--Consent and Hearing Waiver Form

    Exelon Generation Company, LLC (EGC) hereby agrees to comply 
with the commitments described in the NRC's letter dated November 
15, 2005, and agrees to incorporation of those commitments into a 
Confirmatory Order that will be immediately effective upon issuance. 
I recognize that by signing below, EGC consents to the issuance of 
the Confirmatory Order, effective immediately, with the commitments 
agreed to at an Alternative Dispute Resolution mediation session 
held in Warrenville, IL, on July 11, 2005; as documented in an 
August 25, 2005, letter from EGC to the NRC; and as incorporated in 
the draft Confirmatory Order. I also recognize that by signing 
below, pursuant to 10 CFR 2.202(a)(3) and (d), EGC waives the right 
to request a hearing on all or any part of the Order.

Dated: November 18, 2005.

T. S. O'Neill,
Vice President, Licensing and Regulatory Affairs.

[FR Doc. E5-6827 Filed 12-2-05; 8:45 am]
BILLING CODE 7590-01-P