ML052300069
| ML052300069 | |
| Person / Time | |
|---|---|
| Site: | Nine Mile Point  |
| Issue date: | 08/18/2005 |
| From: | Nolan M, Trocine L NRC/OE |
| To: | |
| Trocine L | |
| References | |
| ia-05-007 EN-05-031, IA-05-007 | |
| Download: ML052300069 (2) | |
Text
August 18, 2005 EN-05-031 OFFICE OF ENFORCEMENT NOTIFICATION OF SIGNIFICANT ENFORCEMENT ACTION Individual: Mr. Joseph Guariglia (IA-05-007)
Subject:
CONFIRMATORY ORDER (EFFECTIVE IMMEDIATELY)
This is to inform the Commission that a Confirmatory Order confirming commitments reached as part of an alternative dispute resolution (ADR) mediation settlement agreement will be issued today, August 18, 2005, to Mr. Joseph Guariglia. The ADR session was held between Mr. Guariglia and the NRC on June 22, 2005, in order to resolve disagreements on whether a violation occurred, the appropriate enforcement action, and the appropriate corrective actions.
The ADR settlement agreement also involved issuance of a Notice of Violation (NOV) with no severity level for Mr. Guariglias engagement in deliberate misconduct that caused Nine Mile Point Nuclear Unit 2 to be in violation of an NRC regulation (10 CFR Part 50, Appendix R, Section III.I.3.b) while he was working as the fire protection supervisor on June 14, 2000.
Specifically, prior to commencement of a planned, unannounced, fire drill; Mr. Guariglia made a responding shift fire brigade member (the fire brigade leader) aware of not only the fact that an unannounced fire drill was planned but also the time and location of the planned, unannounced, fire drill. A separate enforcement action involves issuance of a cited Severity Level IV violation (EA-05-025) to Nine Mile Point Nuclear Station, LLC (the licensee).
Neither the individual nor the licensee are required to respond to the Notices of Violation.
However, in accordance with the Confirmatory Order, the individual is required to notify the NRC, in writing, within 30 days of completion of the action items imposed by the Order.
Additionally, by signing a Consent and Waiver Form on August 16, 2005; Mr. Guariglia (1) agreed with the Notice of Violation and the commitments described therein, (2) agreed to the incorporation of those commitments into a Confirmatory Order that will be immediately effective upon issuance, and (3) waived the right to request a hearing on all or any part of the Confirmatory Order.
It should be noted that the individual and licensee have not been specifically informed of these enforcement actions. The schedule of notification and issuance:
Telephone Notification of Individual and Licensee August 18, 2005 Mailing of Notice of Violation and Confirmatory August 18, 2005 Order to Individual Mailing of the Notice of Violation to Licensee August 18, 2005 The State of New York will be notified.
Contacts: L. Trocine, OE, 301-415-2319 C. Nolan, OE, 301-415-3360 PRELIMINARY INFORMATION - NOT FOR PUBLIC DISCLOSURE UNTIL VERIFICATION THAT LICENSEE HAS RECEIVED ACTION
Distribution:
OWFN OWFN TWFN Regional Offices Chairman Diaz EDO OCFO RI RII Comm. Merrifield DEDR OP CENTER RIII RIV Comm. Lyons DEDMRS NMSS Comm. Jaczko OE OIG OGC OCIO MAIL SECY NRR RES ADAMS OCA NSIR ACRS PA OI IP SP File Name: E:\Filenet\ML052300069.wpd ADAMS Accession Number: ML052300069 _________________________
OE:ES OE:C LTrocine CNolan 08/18/05 08/10/05 PRELIMINARY INFORMATION - NOT FOR PUBLIC DISCLOSURE UNTIL VERIFICATION THAT LICENSEE HAS RECEIVED ACTION