IA-07-038, Notice of Violation and Expiration of License
| ML073380841 | |
| Person / Time | |
|---|---|
| Site: | Harris, 05522321  |
| Issue date: | 06/20/2007 |
| From: | James Shea Division of Reactor Safety II |
| To: | Mackenzie R |
| References | |
| IA-07-038 | |
| Download: ML073380841 (5) | |
Text
June 20, 2007 IA-07-038 Robert J. MacKenzie
[Home Address Deleted Under 10 CFR 2.390]
SUBJECT:
NOTICE OF VIOLATION AND EXPIRATION OF LICENSE
Dear Mr. MacKenzie:
The Nuclear Regulatory Commission (NRC) has received a letter dated April 17, 2007, from Progress Energy Carolinas, Inc. (Progress Energy), informing us that the Shearon Harris Nuclear Plant (HNP) no longer has a need to maintain your operating license for the facility.
We also received information from HNP on April 9, 2007, regarding your refusal to take a for-cause fitness-for-duty drug test on April 7, 2007. We plan to place Progress Energys letter of April 17, 2007, in your 10 CFR Part 55 docket file.
In accordance with 10 CFR 55.55(a), the determination by the facility licensee that you no longer need to maintain a license has caused your license (SOP-21511-1) to expire as of April 17, 2007.
Your refusal to participate in HNPs fitness-for-duty program on April 7, 2007, was a violation of 10 CFR 55.53(k), and is cited in the enclosed Notice of Violation. The purpose of the NRC's fitness-for-duty requirements is to provide reasonable assurance that, in this case, nuclear power plant personnel work in an environment that is free of drugs and alcohol and the effects of the use of these substances. Refusing to participate in the facilitys fitness-for-duty program is a serious matter that undermines the special trust and confidence placed in you as a licensed senior operator. Thus, the violation is categorized as a Severity Level III violation in accordance with the NRC Enforcement Policy. This violation is described in the enclosed Notice of Violation. Since your NRC license has expired and you are no longer employed at HNP, you are not required to respond to the Notice of Violation unless you contest the violation. Should you contest the Notice of Violation, a response is required within 30 days of the date of this letter addressing the specific basis for disputing the violation. This response should be sent to the Regional Administrator, NRC Region II, 61 Forsyth Street, SW, Suite 23T85, Atlanta, GA 30303, and marked Open by Addressee Only - Response to a Notice of Violation; IA-07-038.
The purpose of this letter is to make clear to you the consequences of your violation of NRC requirements governing fitness-for-duty as a licensed operator, in accordance with 10 CFR Part 55. If you reapply for an operating license, you will need to satisfy not only the requirements of 10 CFR 55.31, but also those of 10 CFR 2.201, by addressing the reasons for the violation and the actions you have taken to prevent recurrence in order to ensure your ability and willingness to carry out the special trust and confidence placed in you as a licensed senior operator and to abide by all fitness-for-duty and other license requirements and conditions.
Mr. Robert J. MacKenzie 2
In accordance with 10 CFR 2.390 of the NRC's "Rules of Practice," Part 2, Title 10 of the Code of Federal Regulations, enforcement actions are made available electronically for public inspection in the NRC Public Document Room or from the NRCs document system (ADAMS).
ADAMS is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. A copy of this letter and the enclosed Notice of Violation with your address removed will be made available to the Public after 45 days unless you provide a sufficient basis to withdraw this violation. The NRC also includes significant enforcement actions on its Web site at http://www.nrc.gov/reading-rm/doc-collections/enforcement/actions/. In addition, this letter will be maintained by the Office of Enforcement in an NRC Privacy Act system of records, NRC-3, Enforcement Actions Against Individuals. The NRC-3 system notice, which provides detailed information about this system of records, can be accessed from the NRC Web site at http://www.nrc.gov/reading-rm/foia/foia-privacy.html.
Should you have any questions concerning this action, please contact Mr. Robert Haag of my staff. Mr. Haag can be reached at either the address listed above or at 404-562-4607.
Sincerely,
/RA/
Joseph W. Shea, Director Division of Reactor Safety Docket No. 55-22321 License No. SOP-21511-1
Enclosure:
Notice of Violation CERTIFIED MAIL NO. 7006 0810 0004 6323 8684 RETURN RECEIPT REQUESTED cc: w/ encl and w/ HOME ADDRESS DELETED (HOLD FOR 45 DAYS-EICS ACTION)
Carolina Power & Light Company ATTN: Mr. Robert Duncan, II, Vice President - Harris Plant Shearon Harris Nuclear Power Plant P. O. Box 165, Mail Code: Zone 1 New Hill, NC 27562-0165
Distribution w/ encl [HOME ADDRESS REMOVED]:
IMMEDIATE DISTRIBUTION:
C. Carpenter, OE M. Burrell, OE B. Jones, OGC N. Salgado, NRR M. Ashley, NRR C. Evans, RII R. Musser, RII R. Haag, RII B. Michael, RII Part 55 Docket File RELEASE AFTER 45 DAY HOLD-EICS ACTION L. Reyes, OEDO J. Dyer, NRR L. Chandler, OGC E. Julian, SECY D. Decker, OCA Enforcement Coordinators RI, RIII, RIV E. Hayden, OPA G. Caputo, OI H. Bell, OIG V. McCree, RII L. Slack, RII R. Hannah, RII K. Clark, RII PUBLIC OEMAIL OE:IA FILE OEWEB THIS ACTION MAY NOT BE RELEASED TO THE PDR OR OUTSIDE THE AGENCY WITHOUT THE APPROVAL OF OE Distribution w/ encl [WITH HOME ADDRESS]
C. Evans, RII OFFICE RII:ORA RII:DRS SIGNATURE RA: /SES FOR:/
RA RA NAME CEVANS RHAAG JSHEA DATE 6/15/2007 6/15/2007 6/20/2007 E-MAIL YES NO YES NO YES NO YES NO YES NO OFFICIAL RECORD COPY DOCUMENT NAME: C:\\FileNet\\ML073380841.wpd
Enclosure NOTICE OF VIOLATION Robert J. MacKenzie Docket No. 55-22321
[HOME ADDRESS DELETED License No. SOP-21511-1 UNDER 10 CFR 2.390]
IA-07-038 As a result of a notification from Carolina Power and Light Companys Shearon Harris Nuclear Plant, on April 7, 2007, a violation of NRC requirements was identified. In accordance with the NRC Enforcement Policy, the violation is listed below:
10 CFR 55.53(k) requires that licensed operators participate in the drug and alcohol testing programs established (by the Part 50 licensee) pursuant to 10 CFR Part 26.
Contrary to the above, on April 7, 2007, Robert J. MacKenzie, an individual licensed operator, did not participate in the Part 50 licensee drug and alcohol testing program in that he refused to provide a specimen for testing when selected to do so.
This is a Severity Level III violation (Supplement I).
No response to the Notice of Violation is required at this time. However, pursuant to the provisions of 10 CFR 2.201, Robert J. MacKenzie (former licensee) is hereby provided notice that, should he reapply for an operating license, he will need to satisfy not only the requirements of 10 CFR 55.31, but also those of 10 CFR 2.201, by addressing the reasons for the violation and the actions that have been taken to prevent recurrence in order to ensure the ability and willingness to carry out the special trust and confidence placed in licensed operators and to abide by all fitness-for-duty and other license requirements and conditions. Also pursuant to the provisions of 10 CFR 2.201, should you wish to submit a written statement or explanation, please address your response to the U.S. Nuclear Regulatory Commission, ATTN:
Regional Administrator, Region II, 61 Forsyth Street SW, Suite 23T85, Atlanta, Georgia, 30303, and mark as "Open by Addressee Only - Response to a Notice of Violation; IA-07-038" with a copy to the NRC Resident Inspector at the Harris Nuclear Plant, with a similar marking, within 30 days of the date of the letter transmitting this Notice of Violation (Notice). The reply should include for each violation: (1) the reason for the violation, or, if contested, the basis for disputing the violation, (2) the corrective steps that have been taken and the results achieved, (3) the corrective steps that will be taken to avoid further violations, and (4) the date when full compliance will be achieved. Where good cause is shown, consideration will be given to extending the response time.
If the former licensee contests this enforcement action, a copy of the response should be provided, with the basis for the denial, to the Director, Office of Enforcement, United States Nuclear Regulatory Commission, Washington, DC 20555-0001.
Because the response will be made available electronically for public inspection in the NRC Public Document Room or from the Publicly Available Records (PARS) component of NRCs document system (ADAMS), to the extent possible, it should not include any personal privacy,
Enclosure proprietary, or safeguards information so that it can be made available to the public without redaction. ADAMS is accessible from the NRC Web site at http://www.nrc.gov/
reading-rm/adams.html (the Public Electronic Reading Room). If personal privacy or proprietary information is necessary to provide an acceptable response, then please provide a bracketed copy of the response that identifies the information that should be protected and a redacted copy of the response that deletes such information. If the former licensee requests withholding of such material, the licensee must specifically identify the portions of the response that it seeks to have withheld and provide in detail the bases for the claim of withholding (e.g.,
explain why the disclosure of information will create an unwarranted invasion of personal privacy or provide the information required by 10 CFR 2.390(b) to support a request for withholding confidential commercial or financial information). If safeguards information is necessary to provide an acceptable response, please provide the level of protection described in 10 CFR 73.21.
Dated this 20th day of June 2007