BYRON STATION, UNITS 1 AND 2 FOLLOW-UP INSPECTION OFEMERGENC

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UNITED STATESNUCLEAR REGULATORY COMMISSIONREGION III2443 WARRENVILLE ROAD, SUITE 210LISLE, IL 60532-4352July 21, 2011EA-11-128Mr. Michael J. PacilioSenior Vice President, Exelon Generation Company, LLCPresident and Chief Nuclear Officer (CNO), Exelon Nuclear4300 Winfield RoadWarrenville IL 60555SUBJECT:BYRON STATION, UNITS 1 AND 2 FOLLOW-UP INSPECTION OFEMERGENCY ACTION LEVEL AND EMERGENCY PLAN CHANGE INSPECTION REPORT 05000454/2010502(DRS); 05000455/2010502(DRS)Dear Mr. Pacilio:On May 24, 2011, the U. S. Nuclear Regulatory Commission (NRC) completed an in-officeinspection of your Byron Station, Units 1 and 2. The purpose of the inspection was to review the facts and circumstances concerning Unresolved Item 05000454/2009005-02;05000455/2009005-02, “Changes to Emergency Action Level HU6 Potentially Decrease the Effectiveness of the Plans without Prior NRC Approval.” The enclosed report documentsthe inspection results, which were discussed by telephone on June 22, 2011, with Mr. D. Drawbaugh and other members of your staff.The inspection examined activities conducted under your license as they relate to safety and compliance with the Commission’s rules and regulations and with the conditions of your license.The inspectors reviewed selected procedures and records, observed activities, and interviewed personnel.This inspection was a follow-up to an issue identified during the December 2009 annualinspection of emergency plan and emergency action level changes at Exelon’s Braidwood Station, Inspection Report 05000456/2010503; 05000457/2010503. The NRC identified achange was made to an emergency action level basis which introduced a decrease ineffectiveness to Braidwood’s emergency plan. The NRC issued a Severity Level IV TraditionalEnforcement violation with a Green finding to Braidwood. Extent of condition inspections were conducted at the other nine Exelon sites where similar violations and findings were identified.Based on the results of this inspection, the NRC identified one issue that was evaluated underthe risk significance determination process as having very low significance (Green). This findingwas reviewed using the NRC Enforcement Policy and involved a violation of NRC requirements.The NRC has determined this finding was a Severity Level IV violation. However, because of itsvery low safety significance, and because the issue was entered into your corrective actionprogram, the NRC is treating the issue as a Non-Cited Violation (NCV) in accordance with Section 2.3.2 of the NRC Enforcement Policy.
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M. Pacilio-2-If you contest the subject or severity of a Non-Cited Violation, you should provide a responsewithin 30 days of the date of this inspection report, with the basis for your denial, to the U. S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, DC20555-0001, with a copy to the Regional Administrator, U. S. Nuclear Regulatory Commission -Region III, 2443 Warrenville Road, Suite 210, Lisle, IL 60532-4352; the Director, Office ofEnforcement, U. S. Nuclear Regulatory Commission, Washington, DC 20555-0001; and the Resident Inspector Office at the Byron Station. In addition, if you disagree with the characterization of any finding in this report, you should provide a response within 30 days ofthe date of this inspection report, with the basis for your disagreement, to the RegionalAdministrator, Region III, and the NRC Resident Inspector at the Byron Station. The information that you provide will be considered in accordance with Inspection Manual Chapter 0305.In accordance with 10 CFR 2.390 of the NRC's "Rules of Practice," a copy of this letter, its enclosure, and your response (if any) will be available electronically for public inspection in theNRC Public Document Room or from the Publicly Available Records (PARS) component ofNRC's document system (ADAMS), accessible from the NRC Web site athttp://www.nrc.gov/reading-rm/adams.html (the Public Electronic Reading Room).Sincerely,/RA/Hironori Peterson, ChiefOperations BranchDivision of Reactor SafetyDocket Nos. 50-454; 50-455License Nos. NPF-37; NPF-66Enclosure:Inspection Report No. 05000454/2010502(DRS);05000455/2010502(DRS)w/Attachment: Supplemental Informationcc w/encl: Distribution via ListServ