ML022980152
| ML022980152 | |
| Person / Time | |
|---|---|
| Site: | Millstone  |
| Issue date: | 10/31/2002 |
| From: | Richards S NRC/NRR/DLPM/LPD1 |
| To: | Price J, Danni Smith Dominion Nuclear Connecticut |
| Nelson D | |
| References | |
| 2-2000-028, EA-02-234 | |
| Download: ML022980152 (7) | |
Text
October 31, 2002 EA-02-234 Mr. J. A. Price Site Vice President - Millstone Dominion Nuclear Connecticut, Inc.
c/o Mr. David A. Smith Rope Ferry Road Waterford, CT 06385
SUBJECT:
FALSIFICATION OF BACKGROUND INVESTIGATIONS (INVESTIGATION REPORT NO. 2-2000-028) AND EXERCISE OF ENFORCEMENT DISCRETION
Dear Mr. Price:
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. Price 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. 50-245, 50-336, and 50-423
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
ML022980152 (Letter)
ML022980021 (Enclosure 2)
ML023030392 (Package)
- See previous concurrence OFFICE PDI/PM PDI/LA NSIR*
Region I*
OE*
NAME REnnis SLittle GGood DHolody 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
Millstone Power Station Units 1, 2, and 3 cc:
Ms. L. M. Cuoco Senior Nuclear Counsel Dominion Nuclear Connecticut, Inc.
Rope Ferry Road Waterford, CT 06385 Edward L. Wilds, Jr., Ph.D.
Director, Division of Radiation Department of Environmental Protection 79 Elm Street Hartford, CT 06106-5127 Regional Administrator, Region I U.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406 First Selectmen Town of Waterford 15 Rope Ferry Road Waterford, CT 06385 Mr. W. R. Matthews Vice President and Senior Nuclear Executive - Millstone Dominion Nuclear Connecticut, Inc.
Rope Ferry Road Waterford, CT 06385 Mr. Charles Brinkman, Manager Washington Nuclear Operations ABB Combustion Engineering 12300 Twinbrook Pkwy, Suite 330 Rockville, MD 20852 Senior Resident Inspector Millstone Power Station c/o U.S. Nuclear Regulatory Commission P. O. Box 513 Niantic, CT 06357 Mr. P. J. Parulis Manager - Nuclear Oversight Dominion Nuclear Connecticut, Inc.
Rope Ferry Road Waterford, CT 06385 Ernest C. Hadley, Esq.
P. O. Box 1104 West Falmouth, MA 02574-1104 Mr. John Markowicz Co-Chair Nuclear Energy Advisory Council 9 Susan Terrace Waterford, CT 06385 Mr. D. A. Smith Manager - Licensing Dominion Nuclear Connecticut, Inc.
Rope Ferry Road Waterford, CT 06385 Ms. Nancy Burton 147 Cross Highway Redding Ridge, CT 00870 Mr. D. J. Meekhoff Unit 1 General Manager Dominion Nuclear Connecticut, Inc.
Rope Ferry Road Waterford, CT 06385
Millstone Power Station Units 1, 2, and 3 cc:
Mr. G. D. Hicks Director - Nuclear Station Safety and Licensing Dominion Nuclear Connecticut, Inc.
Rope Ferry Road Waterford, CT 06385 Mr. Evan W. Woollacott Co-Chair Nuclear Energy Advisory Council 128 Terrys Plain Road Simsbury, CT 06070 Mr. D. A. Christian Senior Vice President - Nuclear Operations and Chief Nuclear Officer Innsbrook Technical Center - 2SW 5000 Dominion Boulevard Glen Allen, VA 23060 Mr. William D. Meinert Nuclear Engineer Massachusetts Municipal Wholesale Electric Company P.O. Box 426 Ludlow, MA 01056 Attorney Nicholas J. Scobbo, Jr.
Ferriter, Scobbo, Caruso, Rodophele, PC 75 State Street, 7th Floor Boston, MA 02108-1807 Mr. S. E. Scace Director - Nuclear Engineering Dominion Nuclear Connecticut, Inc.
Rope Ferry Road Waterford, CT 06385 Mr. M. J. Wilson Manager - Nuclear Training Dominion Nuclear Connecticut, Inc.
Rope Ferry Road Waterford, CT 06385
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