NRC ORDER – ORDER

On December 1, 2009, an immediately effective Confirmatory Order was issued to Exelon Generating Company, LLC (Exelon) to confirm commitments made as a result of an Alternative Dispute Resolution mediation session held on September 3, 2009. This enforcement action is based on two violations of NRC requirements at Exelon's Peach Bottom Atomic Power Station (Peach Bottom), including the deliberate failure of a former reactor operator to report an arrest in a timely manner and the deliberate failure of a former maintenance supervisor to provide complete and accurate information on a personal history questionnaire. Exelon agreed to take the following actions: (1) provide additional training on deliberate misconduct at Peach Bottom and other Exelon sites, for both employees and supervisors; (2) perform an assessment to verify the effectiveness of the deliberate misconduct training; (3) conduct training with licensed operators on the special obligations associated with holding an NRC license; (4) perform an assessment of Peach Bottom employee conduct, including trending; (5) conduct additional Exelon fleet-wide training on the Behavioral Observation Program, fitness for duty requirements, and the Employee Assistance Program; (6) submit a lessons-learned article to two professional organizations requesting publication in their respective newsletters; and (7) discuss with the Institute of Nuclear Power Operations the possibility of incorporating training on deliberate misconduct into its supervisor and operator development programs. In consideration of these commitments, and other actions already completed by Exelon, the NRC agreed to refrain from issuing a civil penalty or Notice of Violation for these violations.