ML062790473
| ML062790473 | |
| Person / Time | |
|---|---|
| Site: | Kewaunee  |
| Issue date: | 03/25/2002 |
| From: | NRC/RGN-III |
| To: | |
| References | |
| 3-2002-004, FOIA/PA-2006-0113, RIII-2001-A-0176, RIII-2002-A-0114 | |
| Download: ML062790473 (3) | |
Text
INVESTIGATION STATUS RECORD Facility:
KEWAUNEE Case Number:
3-2002-004 Docket Number(s):
05000305 Case Agent:
Date Opened:
ECD:
Priority:
FAHEY, MARY K (MKF) 03/25/2002 Normal Case is Closed Case Type:
Reactor Power Stati Primary Alleg Source: Licensee / Licensee Employee Concern Program Allegation Number(s): RIII-2001 -A-01 76, RIII-2002-A-01 14 Subject/Allegation:
DELIBERATE FAILURE BY CONTRACTORS TC Js:
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 fgortL irne period from Augut 200 _Jt November 2001, NMC identified'four DZNPS welders
.L.
who stated 7(C that on occAsion, they perceived the odor' 6f alcohol on the breath of a DZNPS--Geheral 7'(c') Foreman, while inside the. Kewaunee protected area and failed to notify their immdiat'e supervisoresg oroer 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 determinedbhat when approached by another worker (not further identified) who in fr*de*_.
z(c:) 1
- I 1-hat someone had complained about the smell of alcohol on him~UI n
7( C/-
offered to be tested, but no testing was subsequently performed.
7(c)
On March 25,2002, a Rill ARB requested that 01 determine: (1) whether four DZNPS.contract welders failed ort ýtness-for-duty (FFD) concerns about their foreman,"I and (2) whether failed to self-report and submit to FFD testing, in vwfTation of 1 -CFR 26.23 (Contractors and Vendors) and 10 CFR 50.5 (Deliberate Misconduct). STATUS: FWP ECD (90 DAY): 06/2002. Statute of Limitations:. 11/2006.
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 additiona ield wor.
Two additional welders were identified as being involved in the inciden*
STATUS: FWP ECD (90 DAY): 06/2002.
04/30/2002:
05/31/2002. Interviews-scheduled with w
i0on.June 5, 2002, in DePere, Wisconsin, and with
,.4mgignon June 6, 2002, at'"Point ach, where he is currently employed. STATUS: FWP ECD (90 DAY): 06/2002.
06/30/2002: Interviews conducted wit on June 5, 2002, an&
on June 6, 2002.
Initial ECD is being set. STATUS: FWP ECD (90 DAY): 09/2002.
~3/4'*
ii.,-
t.*
07/31/2002: On June 6 2002Ln BARTELEME, DZNPS, provided hire and layoff information for welders.
was identifi.d as currently wo kin at Point..each and can be reached thri supervisoj. On July 2, 200 ontacted 01 concerning the status o he investigation. Final interviews will be scheduled for the week of August 5, 2002.
STATUS: FWP ECD (90 DAY): 09/2002.
7(c) 08/05/2002: At an ARB conducted on August 5, 2002, new allegations (AMS RIII-2002-A-01 14) were discussed related to this matter. It was determined that Concern N,
pr,3 would be added to t
s inves:tgation. Concern Number 3 is an allegation by welder, that -I Inform
%l lfr gvil Superintendent, for DZNPS at Kewaune during the outage in 0 3109/200i1 *d*ce with the freedom of Informatiil Page #1 Act, exemptions 2!
FOIA- _
-006 7(c-)
INVESTIGATION STATUS RECORD Facility:
Case Number:
KEWAUNEE 3-2002-004 Case Agent:
Date Opened:
FAHEY, MARY K (MKF) 03/25/2002 2001, lied to the licensee's investigator about being told about the FFD issue concerning 11111100 This would be a violation of 10 CFR 26.24(a)(3),-which requires in part, that testin~g 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: 09/2002.
08/31/2002: Former DZNPS w
were interviewed by 01 on August 5, 200.
and rovided infoirmation that they report lD concern ab o
eparately, but on the same dayi.denied that he reportedl as unaware of a concern due to a medical con' io'h in which he has no sense of smell.
Nted a
ndot report any FFD concern, because he was unaware of any Concern. Rpl!*nd rovided additional documentation by fax on Aust 112002. Former DZNPS welder was interviewed n ALSt29 2002.
tated that he reported an FFb cne
,apu o
1along with after being asked to work fo0 CD is being changed to accommodate additional concern. STATUS: FWP ECD: 10/2002.
t 7
09/30/2002.
ormer DZNPS Superintendent, Was interviewed on September 4, 2002;1 4former DZNPS Supervisor, was interviewed on September 12, 2002; and as re-int rviewed on September 12, 2002. On September 17; 2002, Randy CLEVELAND, 7 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:HQ.
.12/05/2002: Case issued 12/05/2002 out of Ol:HQ (substantiated).
07/31/2003: Pre-decisional enforcement jgonferenpe Was held with licensee on July 16, 2003. A separate conference will be held wit.on August 5, 2003, in Region Ill.
12/31/2003: A pre-decisional enforcement conference was held with DZNPS Superviso_.
in Rill on August 5, 2003. Additional information was provided to OE by the licenseE) via letter dated August 29, 2003.
On December 30, 2003, Rill issued a NOV (EA-03-105) and Proposed Imposition of Civil Penalty (Severity Level Ill - $60,000) to NMC for failure,'"...to implement effective monitoring procedures to provide reasonable assurance that'personnel with access are fit for duty, and the licensee failed to conduct an investigation of the circumstances or evaluate the risk involved in continued unescorted access of an employee after detecting evidence of behavior which may have impaired the job performance of an employee....The supervisor was informed that the employee was a heavy drinker and that the employee was reputed to have an alcohol problem.
However, the supervisor failed to take corrective measures including investigation of the circumstances or sending the employee to for-cause Fitness for Duty testing."
02/29/2004: Per OAC:RIII, NMC paid the civil penalty on January 29, 2004, and did not contest the violation. This case will no longer be monitored.
7(c)
I (. c~)
Completion Date:
Issue Date:
DOJ Action(s):
01 Violation(s):
03109/2004 1:24:37 PM 11/29/2002 12/05/2002 Declination - 11/21/2002Declination -
11/21/2002 Atomic Energy Act - Substantiated, False Statement - Substantiated Total Staff Hours:
275.5 Months Open:
8.3 DOJ Referral Date: 11/21/2002 Statute of Limitations Date: 11/08/2006 Page #2
INVESTIGATION STATUS RECORD Facility:
KEWAUNEE Case Number:
3-2002-004 OE Action: 2003105: PROCESSING COMPLETE Action: NOV/CP on December 30, 2003 Proposed Amount: $ 60,000 on December 30, 2003 Paid Amount: $ 60,000 on January 29, 2004 OE Action: 2003106: PROCESSING COMPLETE Action: LTR on December 30, 2003 Case Agent:
Date Opened:
FAHEY, MARY K (MKF) 03/25/2002 03/09/2004 1:24:37 PM Page #3