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), 72473-72475 [E5-6827]
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Federal Register / Vol. 70, No. 232 / Monday, December 5, 2005 / Notices
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www.nrc.gov/reading-rm/adams.html.
Copies of Renewed Facility Operating
License Nos. DPR–65 and NPF–49 may
be obtained by writing to the U.S.
Nuclear Regulatory Commission,
Washington, DC, 20555–0001,
Attention: Director, Division of License
Renewal. Copies of the MPS Units 2 and
3, Safety Evaluation Report (NUREG–
1838) and the Final Environmental
Impact Statements (NUREG–1437,
Supplement 22) may be purchased from
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Service, U.S. Department of Commerce,
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Dated at Rockville, Maryland, this 28th day
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For the Nuclear Regulatory Commission.
Frank P. Gillespie,
Director, Division of License Renewal, Office
of Nuclear Reactor Regulation.
[FR Doc. E5–6833 Filed 12–2–05; 8:45 am]
BILLING CODE 7590–01–P
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
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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
PO 00000
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Fmt 4703
Sfmt 4703
72473
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
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Federal Register / Vol. 70, No. 232 / Monday, December 5, 2005 / Notices
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 semiannually 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.
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17:14 Dec 02, 2005
Jkt 208001
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
PO 00000
Frm 00053
Fmt 4703
Sfmt 4703
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 semiannually 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.
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Federal Register / Vol. 70, No. 232 / Monday, December 5, 2005 / Notices
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
hearingdocket@nrc.gov and also to the
Office of the General Counsel either by
means of facsimile transmission to (301)
415–3725 or by e-mail to
OGCMailCenter@nrc.gov. 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).
VerDate Aug<31>2005
17:14 Dec 02, 2005
Jkt 208001
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
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72475
NUCLEAR REGULATORY
COMMISSION
[Docket No. 040–09011]
Notice of Availability of Environmental
Assessment and Finding of No
Significant Impact for License
Amendment for the Department of the
Army, Watervliet Arsenal’s Facility in
Watervliet, NY
Nuclear Regulatory
Commission.
ACTION: Notice of Availability.
AGENCY:
FOR FURTHER INFORMATION CONTACT:
Betsy Ullrich, Commercial and R&D
Branch, Division of Nuclear Materials
Safety, Region I, 475 Allendale Road,
King of Prussia, Pennsylvania, 19406,
telephone (610) 337–5040, fax (610)
337–5269; or by e-mail: exu@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The Nuclear Regulatory Commission
(NRC) is issuing a license amendment to
the Department of the Army, Watervliet
Arsenal for Materials License No. STB–
1554, to authorize release of Building
120 at its facility in Watervliet, New
York, for unrestricted use. NRC has
prepared an Environmental Assessment
(EA) in support of this action in
accordance with the requirements of 10
CFR part 51. Based on the EA, the NRC
has concluded that a Finding of No
Significant Impact (FONSI) is
appropriate. The amendment will be
issued following the publication of this
Notice.
II. EA Summary
The purpose of the action is to
authorize the release of Building 120 at
the licensee’s Watervliet, New York,
facility for unrestricted use. The
Department of the Army, Watervliet
Arsenal was authorized by NRC from
1972 to use radioactive materials for
research and development purposes at
the site. On March 7, 2005, the
Department of the Army, Watervliet
Arsenal, requested that NRC release
Building 120 at the facility for
unrestricted use. The Department of the
Army has conducted surveys of the
facility and provided information to the
NRC to demonstrate that Building 120
meets the license termination criteria in
subpart E of 10 CFR part 20 for
unrestricted use.
The NRC staff has prepared an EA in
support of the license amendment. The
facility was surveyed prior to the
licensee requesting the license
amendment. The NRC staff has
reviewed the information and final
E:\FR\FM\05DEN1.SGM
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]]>Agencies
[Federal Register Volume 70, Number 232 (Monday, December 5, 2005)]
[Notices]
[Pages 72473-72475]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-6827]
-----------------------------------------------------------------------
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 hearingdocket@nrc.gov and also to the
Office of the General Counsel either by means of facsimile transmission
to (301) 415-3725 or by e-mail to OGCMailCenter@nrc.gov. 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
