ML022980051
| ML022980051 | |
| Person / Time | |
|---|---|
| Site: | Browns Ferry, Watts Bar, Sequoyah  |
| Issue date: | 10/31/2002 |
| From: | Richards S NRC/NRR/DLPM/LPD1 |
| To: | Scalice J Tennessee Valley Authority |
| Nelson D | |
| References | |
| 2-2000-028, EA-02-230, EA-02-231, EA-02-232 | |
| Download: ML022980051 (7) | |
Text
October 31, 2002 EA-02-230, EA-02-231, EA-02-232 Mr. J. A. Scalice Chief Nuclear Officer and Executive Vice President Tennessee Valley Authority 6A Lookout Place 1101 Market Street Chattanooga, TN 37402-2801
SUBJECT:
FALSIFICATION OF BACKGROUND INVESTIGATIONS (INVESTIGATION REPORT NO. 2-2000-028) AND EXERCISE OF ENFORCEMENT DISCRETION
Dear Mr. Scalice:
This refers to an investigation completed by the Nuclear Regulatory Commission (NRC) Office of Investigations (OI) on May 13, 2002. The NRC has concluded that access authorization background checks conducted in the 1996 - 2000 time frame were falsified by a Cataract (now RCM Technologies, Incorporated) (Cataract/RCM) human resources coordinator. Enclosure 1 is the Synopsis of OI Report 2-2000-028. The NRC concludes that the human resources coordinator formerly employed by Cataract/RCM falsified background information for multiple individuals who were seeking unescorted access to the protected area at the Watts Bar, Sequoyah, Browns Ferry, Millstone, and Indian Point 2 nuclear facilities. We understand that you were previously informed of this condition through industry sponsored communication, and you initiated action to verify the integrity of your access authorization processes and decisions.
Based on the results of this investigation, the NRC has determined that a violation of the requirements of Title 10 of the Code of Federal Regulations (10 CFR), Section 50.5, "Deliberate Misconduct," has occurred. The NRC concluded that the deliberate misconduct on the part of the Cataract/RCM human resources coordinator caused multiple licensees to be in violation of 10 CFR 73.56, "Personnel access authorization requirements for nuclear power plants," in that information was deliberately submitted to NRC licensees that was known to be incomplete or inaccurate pertaining to required background investigations in support of granting unescorted access authorizations.
For the affected licensees, the NRC is exercising enforcement discretion pursuant to Section VII.B.6 of the "General Statement of Policy and Procedure for NRC Enforcement Actions,"
NUREG-1600, and no enforcement action will be taken. The NRC notes that the affected licensees are responsible for the acts of their contractors. In this case, the NRC is exercising enforcement discretion based on: (1) licensee corrective actions, including determination that no individual gained unescorted access authorization at any of the affected licensee facilities who would have otherwise been denied access had background checks been complete and accurate; (2) the fact that the violation was by a low-level employee of a contractor; (3) the apparent non-involvement on the part of Cataract/RCM management; and (4) the extent of separation of the affected licensees from the violation.
J. Scalice As the employer, Cataract/RCM is responsible for acts of deliberate misconduct by its employees and, accordingly, the NRC concluded that Cataract/RCM violated 10 CFR 50.5 and 10 CFR 73.56. A Severity Level IV Notice of Violation (Notice) is being issued separately to Cataract/RCM. A copy of the Notice and accompanying letter to Cataract/RCM is included as.
No action is required on your part. The NRC considers this matter closed and plans no further actions regarding your facility. If you have any questions on this matter, please contact me at 301-415-3036.
Sincerely,
/RA/
Stuart A. Richards, Director Project Directorate I Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-259, 50-260, 50-296, 50-327, 50-328, 50-390, and 50-391
Enclosures:
- 1. Synopsis of Office of Investigations Report 2-2000-028
- 2. Notice of Violation to RCM Technologies, Inc.
cc w/encls: See next page
ML022980051 (Letter)
ML022980021 (Enclosure 2)
ML023030397 (Package) *See previous concurrence OFFICE PDI/PM PDI/LA NSIR*
Region II*
OE*
NAME REnnis SLittle GGood CEvans DNelson DATE 10/31/02 10/31/02 10/29/02 10/25/02 10/25/02 OFFICE OGC*
PDI/D NAME SLewis SRichards DATE 10/25/02 10/31/02
Mr. J. A. Scalice BROWNS FERRY NUCLEAR PLANT Tennessee Valley Authority SEQUOYAH NUCLEAR PLANT WATTS BAR NUCLEAR PLANT cc:
Mr. Karl W. Singer, Senior Vice President Nuclear Operations Tennessee Valley Authority 6A Lookout Place Chattanooga, TN 37402-2801 Mr. James E. Maddox, Acting Vice President Engineering & Technical Services Tennessee Valley Authority 6A Lookout Place 1101 Market Street Chattanooga, TN 37402-2801 Mr. Pedro Salas, Manager Licensing and Industry Affairs Sequoyah Nuclear Plant Tennessee Valley Authority P.O. Box 2000 Soddy Daisy, TN 37379 Mr. Lawrence E. Nanney, Director Division of Radiological Health Dept. of Environment & Conservation Third Floor, L and C Annex 401 Church Street Nashville, TN 37243-1532 Senior Resident Inspector Sequoyah Nuclear Plant U.S. Nuclear Regulatory Commission 2600 Igou Ferry Road Soddy Daisy, TN 37379 Mr. Robert J. Adney, General Manager Nuclear Assurance Tennessee Valley Authority 6A Lookout Place 1101 Market Street Chattanooga, TN 37402-2801 Mr. Mark J. Burzynski, Manager Nuclear Licensing Tennessee Valley Authority 4X Blue Ridge 1101 Market Street Chattanooga, TN 37402-2801 General Counsel Tennessee Valley Authority ET 11A 400 West Summit Hill Drive Knoxville, TN 37902 Chairman Limestone County Commission 310 West Washington Street Athens, AL 35611 State Health Officer Alabama Dept. of Public Health RSA Tower - Administration Suite 1552 P.O. Box 303017 Montgomery, AL 36130-3017 Mr. Robert G. Jones, Plant Manager Browns Ferry Nuclear Plant Tennessee Valley Authority P.O. Box 2000 Decatur, AL 35609 Mr. Timothy E. Abney, Manager Licensing and Industry Affairs Browns Ferry Nuclear Plant Tennessee Valley Authority P.O. Box 2000 Decatur, AL 35609 Senior Resident Inspector Browns Ferry Nuclear Plant U.S. Nuclear Regulatory Commission P.O. Box 149 Athens, AL 35611 Mr. Ashok S. Bhatnagar, Site Vice President Browns Ferry Nuclear Plant Tennessee Valley Authority P.O. Box 2000 Decatur, AL 35609 Mr. D. L. Koehl, Plant Manager Sequoyah Nuclear Plant Tennessee Valley Authority P.O. Box 2000 Soddy Daisy, TN 37379
Page 2 of 2 Mr. J. A. Scalice BROWNS FERRY NUCLEAR PLANT Tennessee Valley Authority SEQUOYAH NUCLEAR PLANT WATTS BAR NUCLEAR PLANT cc:
County Executive Hamilton County Courthouse Chattanooga, TN 37402-2801 Mr. Richard T. Purcell Site Vice President Sequoyah Nuclear Plant Tennessee Valley Authority P.O. Box 2000 Soddy Daisy, TN 37379 Mr. William R. Lagergren Site Vice President Watts Bar Nuclear Plant Tennessee Valley Authority P.O. Box 2000 Spring City, TN 37381 Mr. Paul L. Pace, Manager Licensing and Industry Affairs Watts Bar Nuclear Plant Tennessee Valley Authority P.O. Box 2000 Spring City, TN 37381 Mr. Larry S. Bryant Manager Watts Bar Nuclear Plant Tennessee Valley Authority P.O. Box 2000 Spring City, TN 37381 Senior Resident Inspector Watts Bar Nuclear Plant U.S. Nuclear Regulatory Commission 1260 Nuclear Plant Road Spring City, TN 37381 Rhea County Executive 375 Church Street Suite 215 Dayton, TN 37321 County Executive Meigs County Courthouse Decatur, TN 37322 Ms. Ann P. Harris 341 Swing Loop Road Rockwood, Tennessee 37854
NOT FOR PUBLIC DISCLOSURE WITHOUT APPROVAL OF FIELD OFFICE DIRECTOR, OFFICE OF INVESTIGATIONS, REGION II Case No. 2-2000-028 SYNOPSIS This investigation was initiated on September 29, 2000, by the U.S. Nuclear Regulatory Commission (NRC), Office of Investigations (OI), Region II (RII), to determine if a former human resources coordinator, employed by Cataract/RCM Technologies, Inc. (Cataract), a contractor to the Tennessee Valley Authority (TVA), deliberately falsified background information regarding unescorted access authorizations at TVA and other NRC licensee facilities.
Based on the evidence provided by the TVA Office of the Inspector General, testimony, and documentation developed by OI:RII, the allegation that a former Cataract human resources coordinator deliberately falsified background information regarding unescorted access authorizations at TVA and other NRC licensee facilities was substantiated.
Approved for release on October 31, 2002