ML062790369

Investigation Status Record Case No. 3-2002-004

ML062790369
Person / Time
Site:	Kewaunee
Issue date:	03/25/2002
From:	NRC/OI/RGN-III/FO
To:
References
3-2002-004, FOIA/PA-2006-0113, RIII-2001-A-0176, RIII-2002-A-0114
Download: ML062790369 (2)

Text

INVESTIGATION STATUS RECOiR Facility: KEWAUNEE Case Agent: FAHEY, MARY K (MKF)

Case Number: 3-2002-004 Date Opened: 03/25/2002 Docket Number(s): 05000305 ECD:

Priority: Normal Case Code: Reactor Power Status: Case is Closed Primary Alleg Source: Licensee / Licensee Employee Concern Program' Allegation Number(s): RIII-2001-A-0176, RIII-2002-A-01 14 Subject/Allegation: DELIBERATE FAILURE BY CONTRACTORS TO FOLLOW FFD REGULATIONS Monthly Status Report:

03/25/2002: On November 8, 2001, an emergency ARB was held to address an anonymous complaint alleging that Day Zimmerman NPS (DZNPS) workers violate "many regulations daily." DZNPS is'a contractor at the Kewaunee Nuclear Plant (Kewaunee) which provides labor support, including welders, during outages. On November 19, 2001, RIII EICS requested additional information from the licensee concerning the allegations, including an allegation that DZNPS supervisors,".., turn their heads when certain individuals come in half blitzed."

On February 8, 2002, Nuclear Management Company, LLC (NMC), notified RIlB that upon conducting their own internal investigation for the tme en f gu t 01 to November 2001, NMC identified four DZNPS welders . who stated 7/c) that on occasionlthe er ive the odor of on the breath of a DZNPS neral Foreman, While-inside the Kewaunee protected area and failed to notify their immediate supervisors or other members of management. It was determined that each of these individuals received and successfully passed General Employee Training (GET) classroom instruction and standard testing, which included expectations related to actions to be taken when an individual detects the odor of alcohol on the breath of a plant worker. NMC also determined0jliat when approached by another worker (not further identified) who infQQed fhat someone had complained about the smell of alcohol on him,0 offered to be tested, but no testing was subsequently performed.

On March 25, 2002, a RIII ARB requested that 01 determine: (1) whetherffo ZN.S contract welders faile to report .pess-for-duty (FFD) concerns about their foreman,-F and (2) whether' U f:ailed to self-report and submit to FFD testing, in violatin of 0 CFR 26.23 (Contractors and Vendors) and 10 CFR 50.5 (Deliberate Misconduct). STATUS: FWP ECD (90 DAY): 0612002. Statute of Limitations: 11/2006.

04/30/2002: On April 21, 2002, 01 requested a copy of the licensee's investigative report W-009-O1. The report, with exhibits and a supplemental report, were received in Oh:R111 on April 24, 2002. The report is being reviewed to determine the need for additional f, Two additional welders were identified as being involved in the incident, nd STAT.S:. FWP ECD (90 DAY): 06/2002.

05/31/2002: Intew cheduled wit on June 5, 2002, in DePere, Wisconsin, and with o

• • C~n June 6, 2002, at Point Beach, where he is currently employed. STATUS: FWP ECD (90 DAY): 06/2002.

06/30/2002: Interviews conducted wit on June 5, 2002, and on June 6, 2002.

Initial ECD is being set. STATUS: FWP ECD (90 DAY): 09/2.

07/31/2002: On June 2n BARTELEME, weldeas identified as DZNPS, currently provided hira layoff worBeacand can be reached througsupervisor. On July 2, 2002, contacted concerning the status of the investigation. Finalnterviews will be the week of August 5, 2002.

STATUS: FWP ECD (90 DAY): 09/2002.

08/05/2002: At an ARB conducted on August 5, 2002, new allegations (AMS RIII-2002-A-0114) were discussed related to this matter. It was determined that Con e . 3 would be a d to t tation. Concern Number 3 is an allegation by Mffwelder, thain Io~echaio*a Infotmationi~~iW ind Owas aeee a Civil Superintendent, for DZNPS at Kewaunee during the outage in 03t/1MIMMAMWh the Freedom of Information Page #1 \\J Act, exemptions '

FOIA- - _00_&_-/

INVESTIGATION STATUS RECORu Facility: KEWAUNEE Case Agent: FAHEY, MARY K (MKF)

Case Number: 3-2002-004 Date Opened: 03/25/2002 2 i*,,d.to.* e licensee's investigator about being told about the FFD issue concerning his would be a violation of 10 CFR 26.24(a)(3), which requires in part, that testing for cause shall be initiated as soon as possible ... after receiving credible information that an individual is abusing alcohol. Additionally, if substantiated, this allegation may be a violation of 10 CFR 50.5, Deliberate Misconduct. (An additional concern (4) of discrimination shall be pursued separately under AMS RIII-2002-A-0114/OI Case No. 3-2002-020). STATUS:

FWP ECD: 09/2002.

08/31/2002: Former DZNPS , r.were interviewed by 01 on August 5, 200)ovided informa iono that they reporled an FFD concern ab t separately, but on the same day. enied that he reportednd was unaware of a concerndue to a medical con"it.on inwhich he has no sense of smell. stated t t id ot report any FFD concern, because he was unaware of any concern.. and rovided additional documentation by fax on A 2002. FormerD PSwelder as inte viewe on A_ t9,.2002.

stated that he reported an FFD ma ou h

. after being asked to work forL.tED is being changed to accommodate additional concern. STATUS: FWP ECD: 10/2002.

09/30/2002:. ormer DZNPS Superintendent, was interviewed on September 4, 2002.

"former DZNPS Supervisor, was interviewed on September 12, 2002; and was re-inTerviewed on September 12, 2002. On September 17, 2002/,fR CLEVEL N Access Manager, NMC, was interviewed in Hudson, WI, for this case and 3-2002-020.

Fieldwork is complete. ROI is being drafted. ECD is being changed due to -other office priorities (3-2002-006). STATUS: RID ECD: 11/2002.

10/31/2002: ROI in draft. STATUS: RID ECD: 11/2002.

11/29/2002: Case closed 11/29/2002 (substantiated). ROI will be issued out of OI:HO.

12/05/2002: Case issued 12/05/2002 out of Ol:HQ (substantiated).

Completion Date: 11/29/2002 Total Staff Hours: 263.5 Issue Date: 12/05/2002 Months Open: 8.3 DOJ Action(s): Declination - 11/21/2002Declination - DOJ Referral Date: 11/21/2002 11/21/2002 01 Violation(s): Atomic Energy Act - Substantiated, False Statement - Substantiated 03/31/2003 2:24:11 PM Page #2