ML062790431

Investigation Status Record of Case No. 3-2002-004, Deliberate Failure by Contractors to Follow FFD Regulations

ML062790431
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
Download: ML062790431 (2)

Text

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

Case Number 3-2002-004 Date Opened: 03/25/2002 Docket Number(s): 05000305 ECD: 09/2002 Priority: Normal Case Code: Reactor Power Status: Field Work In Progress Primary Alleg Source: Uicensee / Licensee Employee Concern Program Allegation Number(s): RIII-2001-A-0176 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, Rill 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 Rill that upon conducting their own Internal investigation fothe I' 1 November I,

2001, NMC identified four DZNPS weldeewho ....... stated 7('C) that on occasio I vyed the odor of alcohol on the breath of a'DZNPS--Grneral

• Foreman while Inside the Kewaunee.protected area and failed to notify their imm iste 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 at when approached by another worker (not further Identified) wl.

• that someone had complained about the smell of alcohol on him .M" offered to be tested, but no testing was subsequently performed.

On March 25, 2002, a Rill ARB requested that 01 determine: (1) whether four DZNPS tract welders failed tore ort ness-for-duty (FFD) concerns about their foreman"-- and 7(c) 7(c) (2) whethe failed to self-report and submit to FFD testing, in MI-ationff0 CFR 26.23 (Contr crs

• n endors) and 10 CFR 50.5 (Deliberate Misconduct). STATUS: FWP

• ECD (90 DAY): 0612002. Statute of Limitations: 11/2006.

04/3012002. On April 21, 2002, 01 requested a copy of the licensee's investigative report W-009-01. The report, with exhibits and a supplemental report, were received in OI:RIII on April 24,2002. The report is being reviewed to determine the need for additolo e.Ldorok Two additional welders were identified as being involved in the incident, STATUS: FWP ECD (90 DAY): 0612002.

0513112002. ,scheduled withV n June 5, 2002, In DePere, Wisconsin, and with n June 6, 2002, at Point Beach, where he is currently employed. STATUS: FWP 7(r-)

ECD (90 DAY): 06/2002.

06/30/2002: Interviews conducted wit NO n June 5, 2002, an on June 6, 2002. 7(c)

Initial ECD is being set. STATUS: FWP ECD (90 DAY): 09/20 07/31)2002" On June 6 n0n BARTELEME, DZNPS, provided hire and layoff information for

• Iwedesas Identified as currently wor-ng at Poin Beach and carn be reached thhis*h/ supervisor. On July 2, 2002,' Wcontacted 01 concerning the status of etinvestrgation. Final Interviews will be scheduled for the week of August 5, 2002.

STATUS: FWP ECD (90 DAY): 09/2002. 7(c) 08/0&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 ce*mn*mbeg3 would be added to Intormation in rer tion. Concern Number 3 is an allegation by__ welder, thall .

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

Case Number. 3-2002-004 Date Opened: 03/25/2002 Mechanical and Civil Superintendent, for DZNPS at Kewaunee during the outage in 2001, lied the licensee's Investigator about being told about the FFD issue concerning "61111M.! This 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-0114/01 Case No. 3-2002-020). STATUS: FWP

• ECD (90 DAY): 09/2002.

Completion Date' Total Staff Hours: 85.5 Issue Date: Months Open: 4.4 DOJ Action(s): DOJ Referral Date:

01 Violation(s): Atomic Energy Act - No Result Statute of Limitations Date: 11/08/2006 08/06/2002 1236,16 PM Page #2