[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