[Federal Register Volume 78, Number 216 (Thursday, November 7, 2013)]
[Notices]
[Pages 66965-66967]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-26757]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-237; 50-249; License Nos. DPR-19; DPR-25; EA-13-068; 
NRC-2013-0245]


In the Matter of Exelon Generation Company, LLC; Dresden Nuclear 
Power Station Confirmatory Order Modifying License

I

    Exelon Generation Company, LLC (Exelon or the licensee) is the 
holder of Reactor Operating License Nos. DPR-19 and DPR-25 issued by 
the Nuclear Regulatory Commission (NRC or Commission) pursuant to Title 
10 of the Code of Federal Regulations (10 CFR) Part 50 on February 20, 
1991, for Unit 2 and on January 12, 1971, for Unit 3. Both licenses 
were renewed on October 28, 2004. The licenses authorize the operation 
of the Dresden Nuclear Power Station (Dresden Station) in accordance 
with conditions specified therein.
    This Confirmatory Order is the result of an agreement reached 
during an alternative dispute resolution (ADR) mediation session 
conducted on September 18, 2013.

II

    On June 6, 2012, the U.S. Nuclear Regulatory Commission's Office of 
Investigations (OI), Region III Field Office, initiated an 
investigation to determine if a Senior Reactor Operator (SRO), an 
Equipment Operator (EO), or any other personnel at the Dresden Station 
knew that a SRO planned to commit an off-site crime and failed to 
report that SRO for aberrant behavior. The investigation was completed 
on March 29, 2013, and was documented in the OI Report No. 3-2012-020. 
At the time of this investigation, both the SROs, who plotted the off-
site crime and the EO whom they were trying to recruit, had their site 
access revoked and all three employees were subsequently terminated by 
the licensee. Based on the evidence developed during its investigation, 
the NRC identified an apparent violation of NRC requirements in Title 
10 of the Code of Federal Regulations, Part 73, Sections 56(a)(2), 
56(f)(1), and 56(f)(3) with multiple examples in that:
    1. An EO, who had unescorted access to the Dresden Station, failed 
to report concerns to a supervisor regarding an observed change in 
behavior of two individuals who had unescorted access to the Dresden 
Station when the other individuals attempted to recruit him in their 
plans to commit a violent crime off-site.
    2. A SRO, who had unescorted access to the Dresden Station, failed 
to report concerns to a supervisor regarding an observed change in 
behavior of another individual who had unescorted access to the Dresden 
Station when the other individual attempted to recruit him in his plans 
to commit a violent crime off-site.
    3. A SRO, who had unescorted access to the Dresden Station, failed 
to report concerns to a supervisor regarding an observed change in 
behavior of another individual who had unescorted access to the Dresden 
Station when the other individual went along with his plans to commit a 
violent crime off-site.
    4. An SRO, with unescorted access to the Dresden Station, failed to 
promptly contact a reviewing official upon learning of questionable 
behavior when the SRO was informed by two reactor operators about the 
questionable behavior of an EO.
    On September 18, 2013, Exelon and the NRC met in an ADR session 
mediated by a professional mediator, arranged through Cornell 
University's Institute on Conflict Resolution. ADR is a process in 
which a neutral mediator with no decision-making authority assists the 
parties in reaching an agreement on resolving any differences regarding 
the dispute. This confirmatory order is issued pursuant to the 
agreement reached during the ADR process.

Ill

    In response to the NRC's offer, Exelon requested use of the NRC's 
ADR process to resolve differences it had with the NRC. During that ADR 
session, a preliminary settlement agreement was reached. The elements 
of the agreement consisted of the following:
    A. The licensee stated that it has completed the following actions, 
which are hereby acknowledged in the Confirmatory Order:
     Revised Exelon procedure SY-AA-103-513, ``Behavioral 
Observation Program'' to indicate that the behavioral observation 
program includes an expectation to report offsite illegal activity;
     Conducted an Exelon-wide briefing of the issue and the 
expectation to report unusual behavior observed either on or offsite;
     Trained Dresden Station personnel of the changes to the 
procedure and the expectations for reporting aberrant offsite 
activities; and
     Verified that Dresden Station personnel understood the 
procedural requirements and guidance.
    In addition, the licensee stated that the general employee training 
program, which is used at Exelon and at other reactor utilities, was 
revised to include guidance on reporting offsite aberrant activities.
    B. Responsibility to Report Offsite Aberrant Behavior or Credible 
Information:
    B.1. Within 90 days of the effective date of the Confirmatory 
Order, revise Exelon procedure SY-AA-103-513, ``Behavioral Observation 
Program'': (1) to provide additional guidance on the types of offsite 
activities, if observed, or credible information that should be 
reported to reviewing officials, and (2) to ensure that procedural 
requirements to pass information forward without delay are clearly 
communicated.
    B.2. Within 90 days of the revision to the procedure described in 
B.1., provide training to Exelon staff of the revision.
    B.3. Within 18 months of the effective date of the Confirmatory 
Order, develop and conduct an effectiveness assessment of its revised 
procedure and of the general employee training to determine if Exelon 
personnel remain aware of the need to report observed offsite aberrant 
behavior or credible information.
    B.4. These terms and conditions apply to the current Exelon fleet 
of operating reactors existing as of the date of the Confirmatory 
Order.
    C. Recognition within Reactor Community:
    Within 90 days of the effective date of the Confirmatory Order, 
Exelon will develop and make a presentation based on the facts and 
lessons learned from the events that gave rise to the Confirmatory 
Order. Exelon agrees to make this presentation at an appropriate 
industry forum and to submit an operating experience summary to an 
industry-wide organization. Exelon will make the presentation materials 
available to the onsite NRC resident inspectors at the Dresden Station.
    D. Informing NRC when Actions Are Complete:
    Unless otherwise specified, Exelon will submit written notification 
to the

[[Page 66966]]

U.S. NRC Region III Director of Reactor Safety at one year from the 
date of the Confirmatory Order, and annually thereafter, as actions are 
completed until total completion.
    E. The resulting Confirmatory Order will not be considered an 
escalated enforcement action by the NRC for any future assessment of 
the Dresden Station.
    F. In consideration of the commitments above, the NRC agrees to not 
issue a finding, a Notice of Violation, a civil penalty, or to take any 
further enforcement action in the matter of EA-13-068 discussed in the 
NRC's letter to Exelon dated July 3, 2013.
    On October 4, 2013, Exelon consented to issuing this Order with the 
commitments as described in Section V below. Exelon further agreed that 
this Order is to be effective upon issuance and that the licensee has 
waived its right to a hearing.

IV

    Since the licensee has agreed to take additional actions to address 
NRC concerns, as set forth in Section III above, the NRC has concluded 
that its concerns can be resolved through issuance of this Confirmatory 
Order.
    I find that Exelon's commitments as set forth in Section V 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 public health and safety require that 
Exelon's commitments be confirmed by this Confirmatory Order. Based on 
the above and Exelon's consent, this Confirmatory Order is effective 
upon issuance.

V

    Accordingly, pursuant to Sections 104b, 161 b, 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, 
that the actions described below will be taken at Dresden Nuclear Power 
Station and other nuclear plants in Exelon's fleet and that License 
Nos. DPR-19 and DPR-25 are modified as follows with respect to the 
actions taken or to be taken at Dresden Nuclear Power Station:
    A. Responsibility to Report Offsite Aberrant Behavior or Credible 
Information:
    A.1. Within 90 days of the effective date of the Confirmatory 
Order, revise Exelon procedure SY-AA-103-513, ``Behavioral Observation 
Program'': (1) to provide additional guidance on the types of offsite 
activities, if observed, or credible information that should be 
reported to reviewing officials, and (2) to ensure that procedural 
requirements to pass information forward without delay are clearly 
communicated.
    A.2. Within 90 days of the revision to the procedure described in 
A.1., provide training to Exelon staff of the revision.
    A.3. Within 18 months of the effective date of the Confirmatory 
Order, develop and conduct an effectiveness assessment of its revised 
procedure and of the general employee training to determine if Exelon 
personnel remain aware of the need to report observed offsite aberrant 
behavior or credible information.
    A.4. These terms and conditions apply to the current Exelon fleet 
of operating reactors existing as of the date of the Confirmatory 
Order.
    B. Recognition within Reactor Community:
    Within 90 days of the effective date of the Confirmatory Order, 
Exelon will develop and make a presentation based on the facts and 
lessons learned from the events that gave rise to the Confirmatory 
Order. Exelon agrees to make this presentation at an appropriate 
industry forum and to submit an operating experience summary to an 
industry-wide organization. Exelon will make the presentation materials 
available to the onsite NRC resident inspectors at the Dresden Station.
    C. Informing NRC when Actions Are Complete:
    Unless otherwise specified, Exelon will submit a written status of 
the Confirmatory Order action items to the U.S. NRC Region III Director 
of Reactor Safety by October 31, 2014, and annually thereafter, until 
all actions are completed.
    The Regional Administrator, Region III, may, in writing, relax or 
rescind any of the above conditions upon demonstration by Exelon of 
good cause.

VI

    Any person adversely affected by this Confirmatory Order, other 
than Exelon may request a hearing within 30 days of the date of this 
Order. 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.
    All documents filed in NRC adjudicatory proceedings, including a 
request for hearing, a petition for leave to intervene, any motion or 
other document filed in the proceeding prior to the submission of a 
request for hearing or petition to intervene, and documents filed by 
interested governmental entities participating under 10 CFR 2.315(c), 
must be filed in accordance with the NRC E-Filing rule (72 FR 49139; 
August 28, 2007). The E-Filing process requires participants to submit 
and serve all adjudicatory documents over the internet, or in some 
cases to mail copies on electronic storage media. Participants may not 
submit paper copies of their filings unless they seek an exemption in 
accordance with the procedures described below.
    To comply with the procedural requirements of E-Filing, at least 
ten 10 days prior to the filing deadline, the participant should 
contact the Office of the Secretary by email at [email protected], 
or by telephone at 301-415-1677, to request (1) a digital 
identification (ID) certificate, which allows the participant (or its 
counsel or representative) to digitally sign documents and access the 
E-Submittal server for any proceeding in which it is participating; and 
(2) advise the Secretary that the participant will be submitting a 
request or petition for hearing (even in instances in which the 
participant, or its counsel or representative, already holds an NRC-
issued digital ID certificate). Based upon this information, the 
Secretary will establish an electronic docket for the hearing in this 
proceeding if the Secretary has not already established an electronic 
docket.
    Information about applying for a digital ID certificate is 
available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/apply-certificates.html. System requirements for accessing 
the E-Submittal server are detailed in the NRC's ``Guidance for 
Electronic Submission,'' which is available on the agency's public Web 
site at http://www.nrc.gov/site-help/e-submittals.html. Participants 
may attempt to use other software not listed on the Web site, but 
should note that the NRC's E-Filing system does not support unlisted 
software, and the NRC Meta System Help Desk will not be able to offer 
assistance in using unlisted software. If a participant is 
electronically submitting a document to the NRC in accordance with the 
E-Filing rule, the participant must file the document using the NRC's 
online, Web-based submission form. In order to serve documents through 
the Electronic Information Exchange System, users will be required to 
install a Web browser plug-in from the NRC's Web site. Further 
information on the Web-based submission form, including the 
installation of the Web browser plug-in, is available on the NRC's 
public Web

[[Page 66967]]

site at http://www.nrc.gov/site-help/e-submittals.html.
    Once a participant has obtained a digital ID certificate and a 
docket has been created, the participant can then submit a request for 
hearing or petition for leave to intervene. Submissions should be in 
Portable Document Format (PDF) in accordance with NRC guidance 
available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the 
documents are submitted through the NRC's E-Filing system. To be 
timely, an electronic filing must be submitted to the E-Filing system 
no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of 
a transmission, the E-Filing system time-stamps the document and sends 
the submitter an email notice confirming receipt of the document. The 
E-Filing system also distributes an email notice that provides access 
to the document to the NRC's Office of the General Counsel and any 
others who have advised the Office of the Secretary that they wish to 
participate in the proceeding, so that the filer need not serve the 
documents on those participants separately. Therefore, applicants and 
other participants (or their counsel or representative) must apply for 
and receive a digital ID certificate before a hearing request/petition 
to intervene is filed so that they can obtain access to the document 
via the E-Filing system.
    A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System 
Help Desk through the ``Contact Us'' link located on the NRC's public 
Web site at http://www.nrc.gov/site-help/e-submittals.html, by email to 
[email protected], or by a toll-free call at 866-672-7640. The NRC 
Meta System Help Desk is available between 8 a.m. and 8 p.m., Eastern 
Time, Monday through Friday, excluding government holidays.
    Participants who believe that they have a good cause for not 
submitting documents electronically must file an exemption request, in 
accordance with 10 CFR 2.302(g), with their initial paper filing 
requesting authorization to continue to submit documents in paper 
format. Such filings must be submitted by: (1) first class mail 
addressed to the Office of the Secretary of the Commission, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: 
Rulemaking and Adjudications Staff; or (2) courier, express mail, or 
expedited delivery service to the Office of the Secretary, Sixteenth 
Floor, One White Flint North, 11555 Rockville Pike, Rockville, 
Maryland, 20852, Attention: Rulemaking and Adjudications Staff. 
Participants filing a document in this manner are responsible for 
serving the document on all other participants. Filing is considered 
complete by first-class mail as of the time of deposit in the mail, or 
by courier, express mail, or expedited delivery service upon depositing 
the document with the provider of the service. A presiding officer, 
having granted an exemption request from using E-Filing, may require a 
participant or party to use E-Filing if the presiding officer 
subsequently determines that the reason for granting the exemption from 
use of E-Filing no longer exists.
    Documents submitted in adjudicatory proceedings will appear in the 
NRC's electronic hearing docket which is available to the public at 
http://ehd1.nrc.gov/ehd/, unless excluded pursuant to an order of the 
Commission, or the presiding officer. Participants are requested not to 
include personal privacy information, such as social security numbers, 
home addresses, or home phone numbers in their filings, unless an NRC 
regulation or other law requires submission of such information. 
However, a request to intervene will require including information on 
local residence in order to demonstrate a proximity assertion of 
interest in the proceeding. With respect to copyrighted works, except 
for limited excerpts that serve the purpose of the adjudicatory filings 
and would constitute a Fair Use application, participants are requested 
not to include copyrighted materials in their submission.
    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 Confirmatory Order and shall address the 
criteria set forth in 10 CFR 2.309(d) and (f).
    If a hearing is requested by a person 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 V above shall be final 30 days from the date this 
Confirmatory Order without further order or proceedings. If an 
extension of time for requesting a hearing has been approved, the 
provisions specified in Section V shall be final when the extension 
expires if a hearing request has not been received.
    A request for hearing shall not stay the effectiveness of this 
order.

    Dated this 28th day of October 2013.

    For the Nuclear Regulatory Commission.
Cynthia D. Pederson,
Regional Administrator, Region III.
[FR Doc. 2013-26757 Filed 11-6-13; 8:45 am]
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