ML050820675
| ML050820675 | |
| Person / Time | |
|---|---|
| Site: | Pilgrim, 05562227 |
| Issue date: | 03/23/2005 |
| From: | Blough A Division Reactor Projects I |
| To: | Joyce W - No Known Affiliation |
| References | |
| 1-2004-040, IA-05-014 IA-05-014 | |
| Download: ML050820675 (3) | |
Text
March 23, 2005 IA-05-014 Mr. William J. Joyce HOME ADDRESS DELETED UNDER 10 CFR 2.390
SUBJECT:
NRC OFFICE OF INVESTIGATION REPORT NO. 1-2004-040
Dear Mr. Joyce:
This letter refers to an investigation initiated by the NRC Office of Investigations (OI), Region I, on August 27, 2004, at Entergy Nuclear Operations Pilgrim Nuclear Power Station (Pilgrim).
This investigation was initiated, in part, to determine if you observed the control room supervisor (CRS) sleeping in the control room on June 29, 2004, and deliberately failed to take immediate action to awaken the CRS, notify the Shift Manager (SM), and write a Condition Report (CR). Based on the evidence developed during the OI investigation, it was substantiated that on June 29, 2004, you observed the CRS sleeping in the control room but deliberately failed to take immediate action to awaken the CRS, to notify the SM, and to write a CR. A letter to Pilgrim describing the investigation results including a factual summary of OI Investigation 1-2004-040 is enclosed with this letter.
Based on the results of this investigation, an apparent violation of your former Reactor Operator license was identified in that you did not take immediate action to awaken the CRS, notify the SM, and write a CR as required by Pilgrim Procedure ENN-LI-102, Corrective Action Process.
Pilgrim Procedure ENN-LI-102 requires any individual who discovers an adverse condition to take immediate actions to minimize the consequences of the condition, notify appropriate site personnel, and document the condition promptly in a CR. Your Reactor Operator License requires that when performing licensed duties, you shall observe the operating procedures and other conditions specific to the facility license. A failure to do so is a violation of your license.
The NRC also identified an apparent violation of 10 CFR 50.5, which in part, prohibits any licensee employee from engaging in deliberate misconduct that causes 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. OI concluded that your actions were deliberate because you had knowledge of the requirements in Pilgrim Procedure ENN-LI-102, and despite such knowledge, you did not immediately awaken the CRS, notify the SM, and write a CR. Therefore, this apparent violation is being considered for escalated enforcement action against you in accordance with the "General Statement of Policy and Procedure for NRC Enforcement Actions" (Enforcement Policy), NUREG-1600. The current Enforcement Policy is included on the NRCs Web site at www.nrc.gov; select What We Do, Enforcement, then Enforcement Policy.
Certified Mail Return Receipt Requested
Mr. William J. Joyce We believe that we have sufficient information to make an enforcement decision regarding this apparent violation. We understand that you are no longer employed at Pilgrim. However, before we make this decision, we are providing you an opportunity to either (1) request a predecisional enforcement conference or (2) respond to the apparent violation within 30 days of the date of this letter. If you request a conference, it will be held at our office in King of Prussia, PA. It will not be open for public observation, but it will be transcribed. If you choose to provide a written response, it should be sent to the Regional Administrator, NRC Region I, 475 Allendale Road, King of Prussia, PA, 19406 and marked, "Open by Addressee Only -
Response to a Notice of Violation; IA-05-014" and 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; (3) the corrective steps that will be taken to avoid further violations; and (4) the date when full compliance will be achieved. In addition, please be advised that the number and characterization of the apparent violation described here-in may change as a result of further NRC review.
Please contact Mr. Clifford Anderson at (610) 337-5227 within 10 days of the date of this letter to notify the NRC of your decision. If we have not heard from you within 10 days, the NRC will proceed with its enforcement decision. You will be advised by separate correspondence of the results of our deliberations on this matter.
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 our Web site at http://www.nrc.gov/reading-rm/foia/privacy-systems.html.
The NRC will delay placing a copy of this letter into the NRC Public Document Room (PDR) and on the NRC website until a final enforcement decision has been made. However, the enclosed letter to Pilgrim with its attached OI Factual Summary has been placed in the NRC PDR in accordance with 10 CFR 2.390 of the NRC's "Rules of Practice" and will be accessible from the NRC website at http://www.nrc.gov/NRC/ADAMS/index.html (the Public Electronic Reading Room). Should you have any questions regarding this letter, please feel free to contact Mr. Clifford Anderson at (610) 337-5227.
Sincerely,
/RA/
A. Randolph Blough, Director Division of Reactor Projects Docket No.: 55-62227 License No.: OP-11285
Enclosure:
Letter to Pilgrim (with attached OI factual summary)
Mr. William J. Joyce Distribution (w/enclosure):
OEMAIL EWilson, OI CAnderson, DRP RUrban, ORA DHolody, ORA DCorlew, ORA RConte,DRS CBixler, DRS WLanning,DRS BHolian,DRP LTrocine, OE SISP Review Complete: CJA (Reviewers Initials)
DOCUMENT NAME: E:\Filenet\ML050820675.wpd After declaring this document An Official Agency Record it will be released to the Public.
To receive a copy of this document, indicate in the box: "C" = Copy without attachment/enclosure "E" = Copy with attachment/enclosure "N" = No copy OFFICE RI/ORA RI/ORA RI/DRP RI/DRP RI/OI NAME RUrban DHolody CAnderson RBlough EWilson DATE 03/22/05 03/22/05 03/08/05 03/10/05 03/08/05 OFFICE RI/ORA RI/DRS HQ/OGC HQ/OE NAME KFarrar WLanning RConte *SCole NLO FCongel *(MCN for)
DATE 03/08/05 03/08/05 For 03/17/05 03/18/05
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