IA-02-042, Kirby
| ML033070189 | |
| Person / Time | |
|---|---|
| Site: | Catawba  |
| Issue date: | 11/07/2002 |
| From: | Casto C Division of Reactor Safety II |
| To: | Kirby D - No Known Affiliation |
| References | |
| IA-02-042 2-2002-021 | |
| Download: ML033070189 (5) | |
Text
November 7, 2002 IA-02-042 Donald M. Kirby
[HOME ADDRESS DELETED PER 10 CFR 2.790]
SUBJECT:
OFFICE OF INVESTIGATIONS REPORT NO. 2-2002-021
Dear Mr. Kirby:
This letter is in reference to an investigation completed by the U.S. Nuclear Regulatory Commissions (NRC) Office of Investigations (OI) on August 28, 2002. The purpose of the OI investigation was to determine whether radiation surveys had been deliberately falsified at Duke Energy Corporations (DEC) Catawba Nuclear Station. The investigation found that, during your employment at Catawba as a Radiation Protection Specialist, you deliberately falsified radiation surveys from a period of at least January through June 2002. The synopsis to the OI report is included as Enclosure 1 to this letter.
Based on our review of the investigative report, an apparent violation of the NRCs rule prohibiting deliberate misconduct, 10 CFR 50.5, has been identified. This rule prohibits any employee of a licensee from (1) engaging in deliberate misconduct that causes a licensee to be in violation of any rule, regulation or order of the NRC or any condition of a license; or (2) deliberately submitting to a licensee information that the person submitting the information knows to be incomplete and inaccurate in some material respect to the NRC. In this case, you failed to perform required, routine radiation surveys on numerous occasions and deliberately fabricated data on the required radiological survey records submitted to the licensee. Your actions, in this regard, caused the licensee to be in violation of Technical Specification 5.4; Procedure HB/0/B/1000/045; Radiation Protection Routines, Revision 6; and 10 CFR 50.9 which require that routine surveys be performed and associated documentation be maintained complete and accurate.
Before the NRC makes its enforcement decision, we are providing you an opportunity to either (1) respond to the apparent violation within 30 days of the date of this letter or (2) request a predecisional enforcement conference. If a conference is held, it will be closed to public observation. Please contact Anne T. Boland, Chief, Plant Support Branch at (404) 562-4653 within seven days of the date of this letter to notify the NRC of your intended response.
The purpose of a predecisional enforcement conference is to discuss the apparent violation and the circumstances surrounding it, and to give you an opportunity to provide your perspective on this issue and any other information you believe is relevant to the NRCs enforcement determination. Although not required, you may provide the NRC a written reply to the apparent violation prior to or during the conference. In addition, you may have an attorney or personal representative attend the conference with you, but it should be understood that the NRC will address its questions directly to you.
D. Kirby 2
If you choose to respond in writing, your response should be clearly marked as a "Response to an Apparent Violation - OI Report No. 2-2002-021" and submitted to the above address, ATTN: Anne T. Boland, Chief, Plant Support Branch. The response should include: (1) the reason for the apparent violation, or, if contested, the basis for disputing the apparent violation, (2) the corrective steps that have been taken and the results achieved, and (3) the corrective steps that will be taken to avoid further violations.
If the NRC concludes that you deliberately caused or committed a violation of NRC requirements, the possible sanctions which may be pursued include a Notice of Violation, civil penalty, or an order. An order may prohibit your involvement in NRC-licensed activities, or require other action. As such, whether you to choose to attend a conference or respond in writing, you are specifically invited to address the factors that the NRC would consider in determining whether enforcement action should be taken against you. These factors are described in Section VIII, Enforcement Actions involving Individuals, of the enclosed copy of the General Statement of Policy and Procedures for Enforcement Actions (Enforcement Policy), NUREG-1600 (Enclosure 2).
If a conference is not requested or an adequate response is not received within the time specified or an extension of time has not been granted by the NRC, the NRC will proceed with its enforcement decision.
Please be advised that the characterization of the apparent violation described above may change as a result of further NRC review. You will be advised by separate correspondence of the results of our deliberations on this matter.
A copy of this letter and its enclosures will not be placed in the NRC Public Document Room (PDR) at this time. However, if an enforcement action is issued to you, a copy of this letter and its enclosures will be placed in the PDR in accordance with 10 CFR 2.790 of the NRCs Rules of Practice.
Should you have any questions concerning this letter, please contact me at (404) 562-4600 or Anne Boland, at (404) 562-4653.
Sincerely,
/RA/
Charles A. Casto, Director Division of Reactor Safety
Enclosures:
- 1. Synopsis to OI Report
- 2. NRC Enforcement Policy CERTIFIED MAIL NO. 7001 2510 0004 5474 5711 RETURN RECEIPT REQUESTED
D. Kirby 3
Distribution w/Enclosure 1 only:
IMMEDIATE D. Dambly, OGC G. Caputo,OI C. Casto, RII F. Congel, OE N. Hilton, OE C. Evans, RII S. Rosenburg, EDO OE:IA File RELEASE AFTER APPROVAL - EICS ACTION W. Travers, EDO W. Kane, DEDO S. Collins, NRR B. Keeling, CA E. Julian, SECY Enforcement Coordinators RI, RIII, RIV W. Beecher, OPA K. Clark, RII R. Trojanowski, RII PUBLIC OEMAIL OEWEB THIS ACTION MAY NOT BE RELEASED TO THE PDR OR OUTSIDE THE AGENCY WITHOUT THE APPROVAL OF OE OFFICE SIGNATURE NAME ABoland RHaag CEvans CCasto DATE 11/6/02 11/7/02 11/6/02 11/6/02 11/ /2003 11/ /2003 11/ /2003 E-MAIL COPY?
YES NO YES NO YES NO YES NO YES NO YES NO YES NO PUBLIC DOCUMENT YES NO OFFICIAL RECORD COPY DOCUMENT NAME: C:\\ORPCheckout\\FileNET\\ML033070189.wpd
NOT FOR PUBLIC DISCLOSURE WITHOUT APPROVAL OF FIELD OFFICE DIRECTOR, OFFICE OF INVESTIGATIONS, REGION II Case No. 2-2002-021 SYNOPSIS The U.S. Nuclear Regulatory Commission, Office of Investigations, Region II, initiated this investigation on June 28, 2002, to determine if a former radiation protection specialist at the Duke Energy Corporation, Catawba Nuclear Station, deliberately falsified radiological surveys.
Based upon evidence developed, testimony, and documentation obtained during this investigation, the allegation that a radiation protection specialist at the Catawba Nuclear Station deliberately falsified radiological surveys was substantiated.