No. I-09-001 

Contact: Diane Screnci, 610/337-5330 

 Neil Sheehan, 610/337-5331 

Jan. 6, 2009 

E-mail: opa1@nrc.gov

NRC PROPOSES $65,000 FINE FOR VIOLATIONS ASSOCIATED WITH 

INATTENTIVE SECURITY GUARDS AT PEACH BOTTOM NUCLEAR PLANT 

 

The Nuclear Regulatory Commission is proposing a $65,000 civil penalty for Exelon Nuclear 

for issues associated with inattentive security officers at the Peach Bottom nuclear power plant. Exelon 

owns and operates the two-reactor site, which is located in Delta (York County), Pa. 

In September 2007, the NRC became aware of video recordings of Peach Bottom security 

guards who appeared to be inattentive while on duty. In response, the NRC conducted an Augmented 

Inspection Team (AIT) review at the facility the same month, as well as an AIT follow-up review in 

November 2007. The teams of inspectors concluded there had been multiple occasions during which 

multiple guards were inattentive in a plant “ready room,” a room where officers who are not on patrol 

or on watch are allowed to read, study, eat or relax but must remain ready to respond. The inspections 

resulted in the NRC issuing a “white” (low to moderate safety significance) finding to Exelon on Feb. 

12, 2008 for the deficiencies. However, the NRC determined that the plant’s security program was not 

significantly degraded. 

Notwithstanding the “white” finding, enforcement action was held in abeyance pending 

completion of an investigation initiated by the NRC’s Office of Investigations and reviews by the 

agency’s Office of Enforcement. Based on the investigation, which was completed on July 25, 2008, 

the NRC found that multiple security officers at the plant were deliberately inattentive on multiple 

occasions, and that multiple guards deliberately failed to report observations of inattentiveness to 

supervisors. 

Wackenhut Nuclear Services was the security contractor for Peach Bottom at the time the 

inattentiveness episodes occurred, but Exelon has since terminated that contract and established its 

own in-house security force. 

“The NRC holds its licensees – in this case, Exelon – accountable for the actions of its 

employees and contractors,” NRC Region I Administrator Samuel J. Collins said. “Exelon has made 

wide-ranging changes to its security program at Peach Bottom and at other plants it owns as a result of 

these events. The industry has also heeded these lessons. Going forward, we will continue to make it 

NRC NEWS

U.S. NUCLEAR REGULATORY COMMISSION

Office of Public Affairs, Region I 

475 Allendale Road, King of Prussia, Pa. 19406 

Site: http://www.nrc.gov
clear that the NRC considers inattentiveness on the part of those charged with the vital task of 

protecting and operating our nuclear power plants to be completely unacceptable.” 

The Notice of Violation notes that the specific violations for which the fine is being issued 

include a failure to adhere to an NRC requirement that armed responders maintain continuous 

communication with each alarm station and be available to immediately respond to threats, and a 

failure to meet a plant license condition requiring, in part, the reporting of aberrant behavior. 

 

When considering the appropriate enforcement action for the violations, the NRC weighed 

several factors, including: whether the company had any escalated enforcement action during the past 

two years or past two inspections, whichever was longer; whether the company should be given credit 

for actions related to identification; and whether the company’s actions were prompt and 

comprehensive. In this case, Exelon did not have any escalated enforcement action for Peach Bottom 

during the last two years or last two inspections. The company was not given credit for identification, 

since the issues came to light because of an allegation. However, Exelon was given credit for prompt 

and comprehensive corrective actions once the violations were identified. Therefore, a civil penalty of 

$65,000 was deemed appropriate consistent with the NRC enforcement policy. 

Among the corrective actions taken by the company were: increased oversight of security 

performance through direct observations by supervisors and management; transition from a contract 

security force to a proprietary security force; and expanded extent-of-condition reviews to evaluate 

other departments and contractors for safety culture, issue reporting and attentiveness aids. 

Besides the enforcement action taken against Exelon, the NRC is issuing a Severity Level III 

Notice of Violation to Wackenhut Nuclear Services. The violation is for deliberate actions of 

Wackenhut employees that caused Exelon to not be in compliance with NRC security regulations and a 

plant license condition. Previously, after identification of the issues at Peach Bottom, the NRC issued 

Confirmatory Orders in early 2008 to Wackenhut as part of Alternate Dispute Resolution settlement 

agreements for Wackenhut security officer performance issues, including inattentiveness at the Turkey 

Point nuclear power plant in Florida in the 2004-06 timeframe. Those orders required Wackenhut, in 

part, to implement initiatives at all nuclear power plants protected by the company to ensure security 

officer attentiveness, improve the behavior observation program and enhance safety culture. 

Exelon has 30 days to respond in writing to the enforcement action. 

### 

 News releases are available through a free listserv subscription at the following Web address: 

http://www.nrc.gov/public-involve/listserver.html. The NRC homepage at www.nrc.gov also offers a SUBSCRIBE link. Email notifications are sent to subscribers when news releases are posted to NRC's Web site.