IR 07100021/2011025
| ML20249B582 | |
| Person / Time | |
|---|---|
| Site: | Wolf Creek, 07100021  |
| Issue date: | 05/01/1998 |
| From: | Merschoff E NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV) |
| To: | Dean T AFFILIATION NOT ASSIGNED |
| References | |
| IA-98-027, IA-98-27, NUDOCS 9806230333 | |
| Download: ML20249B582 (4) | |
Text
May 1, 1998
SUBJECT:
Investigation Report No. 4-97-058
Dear Mr. Dean:
This refers to the investigation conducted on October 21 through November 25,1997, at the Wolf Creek Nuclear Generating Station. The investigation was conducted after Wolf Creek informed the NRC that, while employed as a contract security officer, you deliberately violated plant procedures by crossing a Radiation Controlled Area (RCA) barrier without the required
- approval. You were interviewed by station security personnel and subsequently terminated from employment. Later, an NRC investigator interviewed you on November 7,1997, regarding the event.
Your actions put the company in violation of its procedures and NRC regulations. The NRC considered whether to pursue formal enforcement action against you. However, in light of your position within the organization, the low safety consequences of your action, and the disciplinary action taken against you by your employer, i.e., terminating you from employment, we have decided not to take formal enforcement action against you.
While formal enforcement action is not being taken against you, you should be aware that the NRC's regulations allow the issuance of civil sanctions to be taken directly against unlicensed persons who, through their deliberate misconduct, cause a licensee to be in violation of NRC requirements. Deliberate misconduct includes an intentional act or omission that the person knows constitutes a violation of a requirement, procedure or training instruction. An order may also be issued to an individual to prevent his or her engaging in licensed activities at all NRC licensed facilities. A violation of this regulation as set forth in 10 CFR 50.5, " Deliberate Misconduct" (enclosed), may also lead to criminal prosecution. Similar failures in the future could lead to formal NRC enforcement action against you.
You are not required to respond to this letter. However, if you choose to provide a response, please provide it to me within 30 days at U.S. Nuclear Regulatory Commission, Region IV,611 Ryan Plaza Drive, Suite 400, Arlington,-Texas 76011.
In accordance with Section 2.790 of the NRC's " Rules of Practice," Part 2, Title 10, Code of Federal Regulations, records or documents compiled for enforcement purposes are placed in
. the NRC Public Document Room (PDR). A copy of this letter with your address removed, and your response, if you choose to submit one, will be placed in the PDR after 45 days unless you t
provide sufficient basis to withdraw this letter.
I l
9906230333 990501 PDR ADOCK 05000482 G
PDR e
_-__ =____ ____ -..
,
y -
.:
-2-If you have any questions or comments, please contact Gary Sanbom, regional Enforcement Officer, at 817-860-8222 or 800-952-9677.
Sincerely,
-)/
Ellis W. Mersch Regional Admi trator Enclosure:
Deliberate Misconduct Rule
.cc(*after 45 day hold):
Otto L Maynard, President and Chief Executive Officer Wolf Creek Nuclear Operating Corporation P.O. Box 411 Burlington, Kansas 66839
!
-I i
,
I
a (-
.
-3-bec:
- After 45 day hold gj
- LPDR OCS
'SECY
- EC's: RI, Ril, Rlli
'
- CA
- PA (0-2G4)
EDO (0-17G21)
OlG (T-5D28)
DEDO (0-17G21)
JLieberman, OE (O-7H5)
OE:EAFile (0-7H5)
Ol (0-3E4)
OGC (0-15818)
OGC (0-15B18)
NRR (0-12G18)
NRR/ADP (0-12G18)
NRR PROJECT MANAGER OC/DAF (T-9E10)
AEOD (T-4D18)
RWise RA Reading File GSanborn-EAFile RIV Files MIS Coordinator LWilliamson,01 BJohnson, DRP E-MAIL DISTRIBUTION:
OEMAIL JDyer (JED2)
TPGwynn (TPG)
WBrown (WLB)
GSanborn (GFS)
GMVasquez (GMV)
l BHenderson (BWH)
EMerschoff (EWM)
l CHackney (CAH)
DKunihiro (DMK1)
l Art Howell(ATH)
Chamberlain (DDC)
KPerkins (KEP)
BJohnson (WDJ)
l FRingwald (JFR1)
KBrockman (KEB)
!
l BMurray (BXM)
NMamish (NLM)
DOCUMENT NAME: G:\\EA\\ DRAFT \\T-DEAN.DFT l
To receive, copy of document, indicate in box:"C" = Copy without enclosures *E" = Copy with enc'psures "N" = No copy l
ES /7F'
EO CA, C:PSB, f D:DRP N, D:DRjlif l
!
MVa'squez GSahbd6d BMurrg' M PGwynn ( / AHow"el
'
l 04/N/98 04}T/98 04/$8 3 O @ 98 04 @ 8 RC
[f /4.,
/h/
WLBrown/n /#
JLieberman JDyer dftPf EMersel/oV//
04bf/98 04/Z1/98 04 8/98 O(/l/9 V 04/ /98
,
i OFFICIAL RECORD COPY
l'0002G j
(.
-1,-
,
.,
,
.:
F'
50.5 Deliberate misconduct.
1-l, (a)'Any licensee or any employee of a licensee; and any contractor (including a supplier or
'
consultant), subcontractor, or any employee of a contractor or subcontractor, of any licensee,
[
' who knowingly provides to any licensee, contractor, or subcontractor, components, equipment, materials, or other goods or services, that relate to a licensee's activities subject to this i
part; may not:
- (1) Engage in deliberate misconduct that causes or, but for detection, would have caused, a
,
licensee to be in violation of any rule, regulation, or order, or any term, condition, or limitation of I.
'.
any license, issued by the Commission, or
_
(2) Deliberately submit to the.NRC, a licensee, or a licensee's contractor or subcontractor, information that the person submitting the information knows to be incomplete or inaccurate in I-some respect material to the NRC.
(b) A person who violates paragraph (a)(1) or (a)(2) of this section may be subject to enforcement action in accordance with the procedures in _10 CFR part 2, subpart B.
(c) For purposes of paragraph (a)(1) of this section, deliberate misconduct by a peison means an intentional act or omission that the person knows:
(1) Would cause a licensee to be in violation of any rule, regulation, or order, or any term,
' condition, or limitation, of any license issued by the Commission, or (2) Constitutes a violation of a requirement, procedure, instruction, contract, purchase order or policy of a licensee, contractor, or subcontractor.
[56 FR 40690, Aug.15,1991) -
!
!
!
s
-
.
i C_^1______._
_.._._
_._i
.