ML073340876
| ML073340876 | |
| Person / Time | |
|---|---|
| Site: | Peach Bottom  |
| Issue date: | 12/11/2006 |
| From: | Pryer K, Elizabeth Wilson NRC/OI, NRC Region 1, NRC Region 4 |
| To: | |
| References | |
| FOIA/PA-2008-0018, RI-2005-A-0180 1-2006-013 | |
| Download: ML073340876 (31) | |
Text
CASE No. 1-2006-013 United States Nuclear Regulatory Commission ReApCH ort oTOC PvestigatIon PEACH BOTTOM ATOMIC POWER STATION:
VIOLATION.OF FI.T.NESS-FOR-DU-TY P ROCEDURES.....,
Out of Scope Office of .Investigations Reported by OI:RI
Title:
PEACH BOTTOM ATOMIC POWER STATION:
Out of Sco pe VIOLATIONS OF FITNESS-FOR -UTY PROCEDURES' Out of Scope Licensee: Case No.: 1-2006-013 Exelon Nucl ear Report Date: December 11, 2006 1848 Lay R oad Delta, PA 177314 Control Office: OI;RI Dlncket Nio. 50-0278 Status: CLOSED Allegation No.: RI-2005-A-0180 Reported by: Reviewed and Approved by:
Kevin L. Pryer, Special Agent "Ernest P. Wilson, Direc Office of Investigations Office of Investigations Field Office, Region IV Field Office, Region I WARNING DO SEMINATE, PLACE IN THE P/t-E OR DISCUSS CRII
SYNOPSIS This investigation was initiated on December 23, 2005, by the Nuclear Regulatory Commission, Office of Investigations, Region I, to determine if Wackenhut security personnel willfully violated fitness for duty procedures anc security qualification requirements..
Based on the evidence developed during this investigation, the allegations that Wackenhut security personnel willfully violated fitness for duty procedures and security qualification requirements could not be substantiated.
N-OT FOR PUBLIC" OS' IRAWITH~lUT APPR\/AI "oF FIELD OFFICE DIRECTOR, nI OFFICE OF INVESTIGATIONS, REGION I Case N,-20 6-013
THIS PAGE LEFT BLANK INTENTIONALLY NOTOR, OFF1 N1 ION I .
Case No. 1-2006-013 2 F, "01 S NY INSIA INOR
LSE LY I IIF TG ýl VTABLE OF CONTET Pa*e SYNOPSIS . 1 LIST O F INTERVIEW EES .................................................... 5 DETAILS OF INVESTIGATION ........................................... 7 Applicable R egulations ................................................. 7 Purpose of Investigation ........................................... 7 B ackground . . . .. . .. ..... .. ............. . ... .. ...... .................. 7 Interview of Alleger. ........................ ..................... 8 Allegation No. 1 (Violations of Fitness for Duty Procedures) ..................... 9 Evid e nce . . .. . .. . . . . . .. . .. ..... . . . . ... .. . . .. .. . . ......... . .... .. 9 Document Review ......................................... 9 T estimony ..................................................... 10 Out of Scope LIST OF E ts........................................................ 7 NOT FORHOUT PROVAL OF FIELDOFFICE OR, OFFICE OF IN 1 A Case No. 1-2p,06-013 3 0LU INFORMATION
THIS PAGE LEFT BLANK INTENTIONALLY NRT FQR"PNBLIC*-OSURE WITHOUT APOA- -F IREC R, Of FýV ,~a+
REGION I Case No. 1-20 6 -0131 4 .
OFFI IAL LY -01 IN' GATIONINFOR
LIST OF INTERVIEWEES Exhibit PBAPS .......... 26 iý(b)(7)c - jPPBAPSA S"3 .......................... *7*.
PBAPS ......................... 31 P B A PS ... ................................. 12 (b)(7)c P BAPS ...................... 30 1,PBAPS........... ............. 32 6(b)(7)c PBAPS ........................ 9 f[(b(7)c !PBAPS ...................... ....... 14 i(b)(7)c PB S1g
.PBAPS ........................... 17 PAb...)c.........15
..PBA PS .............................. 16 (b)(7)c .' P..(b)27)c P............
PBAPS ........................... 24
,'(b)(7)c P A S2
, PBAPS
-:'BAPS ... ..................
.. ... ...1 8' PBAPS I .. . . . . . . .. . .1 P B P . . . . . . . . . ... . .. . .. o. ....... ,. .. .. 1 SrPBA PS .................... ........... 21 1PBA PS ................................ 20
ý-ýF`I ýEýSTIG IO0NS, IONS, RGO REGIONct exIp....ions*; sa No. ICaUSe 5 STIGA Nh 8 ,nforma nformA-lni ~srcr a ~tc
o~4\LJs N/§k yE GA I R 10
ý'(6F(7jC
,'PBAPS 1 PBAPS..........................1
.BAPS........................13 Information in this record was deleted
!n accordance with the Freedom of Informati6, L ... .
- . h~":. ;*ti t*-r,s .. _ .- _ ' d
~, ~ -
N TF P DISOLO URE WIT PP OFFICE INVESTIGATIONS, REGIONI Case No. 1-2006-013 6
'3FF IAL SE NLY-O NVE" GATIO NFON
DETAILS OF lNVESTIGATlOpformation in this record was deleted in accordance with the reedom of information'
.A14., eM Y, np ions-L .- - -...
Applicable c... b l Regulations
........ l~i n . ... ... . .
V'A. A- . .... ...............
- Out of Scope 10 CFR 50.5
- Deliberate misconduct (2005 Edition) (Allegation Nos. 1,i
- Out of Scope Purpose of Investigation This investigation was initiated on December 23, 2005, by the Nuclear Regulatory Commission (NRC), Office of Investigations (01), Region I (RI), to determine if security personnel at Peach Bottom Atomic Power Station (PBAPS), willfully violated Fitness for-p.ýty Procedures<
o cope (Exhibit 1).
Background
Thejprigin~a Allegation Review Board (ARB) on these matters was held on Nov.mber 21, 2005.
TheýbLý7)c "bf a former Wackenhut security.quard had complained to the NR(&(b)(7.. /
7 b( ....... b )( )c
.. . . .. a.The o al ithat guards / /
periohdially5 caeTto work drunk/und er the influence of alcohol and/o dru nd told to sleep it off in a guard tower- The November 21st ARB determined that additi.al information was needed directly from[(*b)( 7 )* .nd the alleged -/
D.concern:*uosequentiyine7-.xHegalons 'Qmce was aoie .tatalk with (b)(7)c who could not articulate a protected activity. However(b)(?)c Jid provide 7/ r 7
.. d'ditfdii,*l-d tails'regardingtthe FFD issues..b)( )c g 7-
- -..On.... December 21, 2_Q5,
.. ..............- _another ARB was held to discuss the new information gathered by the Out of scope Otot of Scope oiidop____.W~ackenhut "passed" them Also, (b(7c 1rovided additional "7 "-
............ a*ietwo g §tth -atdhreported-forFhilft under the influence of alcohol and/or drugs and weýA.old by Wackenhut stuperisors to goto a.guard tower "to sleep it off." These individuals(b)(7)c ave since been 60OFFI F INVE GATIONS1,7GION Case No. 1-2006-013 *
' OF.F.,t*::(* *
- 7
- v~a*3*. ** -* _-llord,.*was Meeted
. . . . acco ance wi ht
. .v,,1 edom 0 no~ ii Act, exemptionS FOIA-
L E -01 ES T.F F ON terminated1 afte *rheinn nauaht thriu randnm FFDl tetina'7 f......aH~t .emnae hurad FDtstn (21L-Interview of Allecer (Exhibit 2)
On May 15, 20d Vas interviewed by O:RIV ir" )land provided the folL,,,,-,,,,.ation in substance.
I'2c-* ... xnlained he worked as a security guard for Wackenhut at PBAPS frorr.
~~~
- (pp,~~~~) ,.......................
In regar~dto alleg* ions a couple of guards periodically reported for duty under the influence of alcohol i .c..xplained it was going on during 2005.
AOfl(PTS NOT t 37Lj- initially identified one individual as) 7C(-
i ' T:T - 'S.b..s.ýq.nt C T " :Z
]". ......................... investigation determined it wai"f!7L. ................
.............. . /
Case No. 1-2006-013 8 tills record was de'eleG Oac ance with the Fre.dm of Information Nct, exemptionli.
FOIA.
- . , (b)(7)c lexplained one instance when .. wisnqr pooling with_on.e..Pf the..:
irfni0VfLau*i~s [later identified asýb)(-)c .. howed up a(b)(7 )c .
7 house "real-drunk-at-five o cloKc(p--rY' T--efu------take
" .... u /~ ..... !*I 1(b)()c. io-wom-and had hs !(b)(7)'c hi,. ~(b) wife take him' home.,( .related-there-werr timeswnen the ,
. . .. . .. . . towers and ..sle
- .. the t . .-i[ I . . (bo)(7)c C ----xo.lained the two * .. ..
quards-f.'.LnaeoU sle 20 ~(b)(7)c
-rid --- -Tp lcle
.cards.t~fi-ed for the random fitness for duty drug and alcno1tstI(b)(7 ) . -ecalled (i)(7)c ... ...efused the testresultino in an automatic termination, anb)(7), (b 7
resulting a in his eetermination to him a(b)( )c (pp.mhle). blew more than double the legamount a of a -cohbol, AGENT'S NOTE: Subsewqent investigption determinedi . .. aistaken 7
in the events resulting in(b)(7)c ermination In fa6t&(b)( )c -Was terminated for an off-sit -arrestanunotja random fitness f6r-duty drugband alcohol test.
Allegation No. 1: Violations of Fitness for Duty Procedures t;G;.UlIJ V&Z, UQ1C.0C*U Evidence, ...... *'* .. ,,
En accordance with the Feedom of Information.
Document Review Act, exemptions 22ý/L FOIA-During the course of this investigation, OI:RIV reviewed and evaluated documents provided by the licensee. The documents deemed pertinent to this investigation are delineated in this section.
Nuclear Security Shift Turnover, dated July 13, 2006 (Exhibit 3)
This is a copy of the turnover sheet utilized at the time of the shift changes. Personnel are required to read and initial they have read the sheet prior to arming and assuming post. The sheet includes various fitness for duty questions to include questions concerning the use of alcohol within the previous five hours.
SY-AA-102, Revision 9, Page 10 of 31, undated (Exhibit 4)
This is the section of the employee manual that contains the alcohol policy at PBAPS. It specifically states alcohol is prohibited five hours preceding the scheduled work period.
Initial Investigation and Notifications, dated August 3, 2005 (Exhibit 5)
This packet of informatio.Do-Qntaig~the internal investigation concerning the confirmed positive alcohol test pertaining tI(b)(7)c it includes a timeline and actions performed by PBAPS. / (
1,io f in this record was deletbd n accordoance with thee~orn of lnf0rmati0' A,.t, oC,-ptions ," Q NOVT 0 C DISOLOSURE WITHOUT APPROVAL OF FIELD OFFICE DIRECTOR, .
Case No. 1-2006-013
- PBAPS Nuclear Security Section Record of Supervisor Individual Counseling, dated October 2.
2004 (Exhibit 6)
This
) c ii~(b(7) is .a ..cony of the. writtpn (b)(7)c ,nilni.-irigi" pertaining to(':. and the incident .. ..in .which determined itoxicated -anarefused to take inwas to work.
The-absence resulted in this written counseling and subsequent ;yiU-1)ansinn.
Testimony The following personnel were interviewed regarding their knowledge or involvement in the aforementioned allegations of violations of fitness for duty procedures.
Interview of !(Exhibit 7).
. . (b) (T)
On July 12, 2006; wvas interviewed by OI:RIV in Delta, Pennsylvania, and provided the following infor`ti6-iifstibstance. Also present was Mr. Robert L. KILBRIDE, Vice President and Associate General Counsel, Wackenhut Corporation.
(b)(7)c ib7tated~hejis,.~,a ()for Wackenhut and has been Iployed atl i~T~hce~ *(b)(7)c .e S Deen in ....... for approximately. ihowever, he has also been aL - if armed (pp. 5 and 6).
rrelated tha .. orkedd as an, armed..seuritv.,ouard on his tep and Vs trifiýited while assignedý t1 his(b)(7)c
... .eam.(b explained tha()c.....
reported for duty for a scheduledmedical examinati on Fanduring the examinaton;-m-e....
physician's akn t-nL nar*o*ntv..-mselled alcohol and a breath alyzer was administered.
.....ccordig to(b)(7)c *vas subs~amintiv.nminated as a result of the breath alyze!
(b)(7)c) jacknowled e- was unaware b, wIhil-ehe-'was..under...the-influence of alcohol dt eporting to work or actually working o56th
-e-time (pp. 9 and 10).
1(b)(7)c.
Interview d !Exhibit 8) .
( 7)c 60ib)
On July 12, 20061 . Nas interviewed by OI:RIV in Delta, Pennsylvania, and provided the following inf ormation in s__6ýstance.
. --. jstated he has been employed as a, at PBAPS for approximately pp. 3 and 4). ........... (b c
()*(7)c f(b) (t7)c. . . . (b)(7)c i.
,explained that _ 7 he us-o car pool o PBAPS .related oneoccasloQlh.n he hsa&dj@b . eJ.ieed (b)() c " vas intoxicated when he arrived..a'ft his i(b)(7)c L-."house. ;(b)(7)c " 'xpined -e could not remember the exact date or even if ,i
.. 'Nas in 2004 o.0O05, but-he-Tmbered they were scheduled to work the night shift and noj~prmally I~ft his* (b)(7)C- ~iJ:.i .e approximately one hour before the 1830 start time .
saiwh.e howed up, there was a strong odor of alcohol and IF UBLtCdD LOSU. WlTH T APPR-,L OFF.[D OFFICE DIRECTOR
" -" F bCOFFICE O"-'/EST)SA--1' NS, REGION I Case No. 1-2006-013 10 in accordance with the Feedom of Informator Aci, eu-rl diions
MIAA
-- - ..........- as stumbling and slurring his speech.'(-b(7)c . elated that he caled
. aiDb)(7c
.nd let him kno.wthat..he..w qoL .. .CI,-W--4ruCstances,5'b .....
Ib.!ae-7 (b)b late aCloh-jcmtne 7 b(
.... e ieoe.*d.*c m to have hisi(b)( )C wif& take(b)( )c --- ----- hom.lpon arv-at.
work .. aid he further:discussed-the'inciden ith-(b)( )c 7 i( 5-8).
((7 r..-j: n~t*.-ahr instances where he reported t *superv~ljn that()7) *melled o-~ic * [(b)(7)c erm m e e ... ...... .......... ýmele LT
!said he remembered tellin, _ _ _but could not remember who else heT761d. j(b)(7)c nednumeroush Cexpa times andhe....
stated his displeasure (pp.p9 and 10).
Interview of l(Exhibit 9)
On July 13, 2006,: ,Nas interviewed by Ol:RIV in Delta, Pennsylvania, and provided the folloNihgi6forrltf in substance. Also present was Mr. Robert L. KILBRIDE, Vice ,o_ President and Associate (b) (7) c General. Counsel, Wackenhut Corporation.
)-(7)c -.
i77 tated is and has been employed at PBAPS since
- 7. . . . .-
(b)(7)c laid he ,. , one instane whea-an individual reported to work under the ilLf alcohol. .xplained(b)(7)C 'vas identified when he reported for his annual medajlevaluatnnd tie physician-sassistant contacted the fitness for duty and had him tested.j(b)(7)c believes the event happened in January or February of 2005 (p. 13).
-said he was unaware of any instances when supervisors were informed that
... BASs-c-urity personnel were under the influence of alcohol and responded by.telling the individuals to sleep it off in the tower. When as ..f he ha. ver personally been notified that an individual was under th*Jnfiuen caeplcohol,(b)(7 )c
- esponded by sayW not whila.....,
they were on..shift.'..fLto..i4b)(7)c >*aid he 8f*e F phone callt,5hai(b)(7)C.
.owed up (b)('hc userea' to come to work and(b)(7)C . -onedhim lb([*7)c 4T oiAJ-hr.-he was not bringing him to work be ise .e-._-.wasunder, the influence of Ný b)7)l -.. .()C
.(ib * .. ..,believed the incident was in the fall of 2 0 0 4 1 (b)(7)c ...
(7)cL * ... . x)acned once lreturned to work, he brought him in tis.fffrielefhi'in writing and "
suspbe-"d*hifr*i2ff vi.plation of the attendance policy.!ib)(7)c . rsaid the increased oversit.of ....... included a 30, 60, and 90 da)yeVt0Uti6-hU-dated every 30 days to I7
...ensur(b7._ F... Ui rn3ot have continuing problems with attendance or other issues.
(b)(7)* ... eni-edhaving any knowledge of any PBAPS employees working while under the ihfl-wie*f-alcohol (pp. 14-16).
b )explained the PBAPS alcohol policy consisted of abstaining from alcohol a
.. u fiv_.ours prior to reporting to for shift and the threshold for company intoxication is here Sib)(7)c rselated that every individual during shift turnover is asked Is anyone underthe infliuence of alcohol or been under the influence of alcohol in the last five hours?"
Additionally, security personnel are asked a series of other fitness for duty questions by the equipment issue officer and subject to observation and interaction with supervisors throughout Case No. 1-2006-01 U ý- 0OI ýSTI . ' ' ,..
in accordance with the Fredom of Inforrmat ...
c,7.v*. . ...... ... .. .
i(b)(7)c 0- lz the shift. i 'xplained if he was ever informed or believed an individual was under the influence 6&afchlo* he would contact the fitness for duty supervisor and ensure the individual was tested via urinalysis and Breathalyzer (pp. 16-18).
Interview of aExhibit 10)
On July 1 3 , 2 0 0 6 ib)(7)c ,was interviewed by OI:RIV in Delta, Pennsylvania, and provided the following information iniibstance. Also present was Mr. Robert L. KILBRIDE, Vice President and Associate General Counsel, Wackenhut Corporation.
... .... . I (b)(7)c
,explained that he vhasr....eing..the..hired worked...
at PBAPS for approximately', and is a ii ..........
.....**k'-'f,-- --- y aerseeing the newly hired security personnel in addition to running
... .. .... .. . .. . .. . . _._. 5 a nd 6 ).
I~~~
'said he was aware of an instancewhen1'.-- ....
refus.ed..-to.Dbring _
ver toto ng
. . . ,s .. A /.(b)(7)c . .e
[rý'y~jbelieved JVas drunk .(b de)e ver)cý i (b)informred (7) c . (bj)
(b)(7)c L.. .. .
...., .... ... ta**"ob-her individ-ualwas"woing while uerrthe...influence of alcohol.
B-laned tIhat if he was informed an individual was under the influence of alcohol prior to"a'Yrilhg up, he would keep the individual from armina.and-would contact his supervisor and refer the individual to the fitness for duty progranf(b)( 7) further explained the same process would be administered if the individual was alreadyjoshifft(pp. 9-12).
Interview of ;(Exhibit 11)
On July 13, 2006 4wasc interviewed by OI:RIV in Delta, Pennsylvania, and provided the following inforinauurrn-zsubstance. Also present was Mr. Robert L. KILBRIDE, Vice President and Associate General Counsel, Wackenhut Corporation.
stated she has been employed at PBAPS for approximately . ars and is currently
-a~tfScope i(pp. 4-6).
(b)(77)c L.......
.negetsa explained when she!
negative answer, the she asks a series of questioPs and if,--
Maindual srfer&d'to'ihe SNS for an explanationI(b)(7 )c said the questions ensure the individual is physically, mentally, and morally fit, in ada-ifio---.-to questions concerning prescription or over the counter drugs or use of alcohol within the last five hours (pp. 6 and 7).
F6) (7)c tenied ever ob'serving or witnessing any persons working under the influence of Fcoho--h-nor has she ever been informed anybody was working while under the influence of alcohol (pp. 7-9).
OFFICE OF INVESTIGAT\I SREGION I Case No. 1-2006-011 in accordance with th Fr dorn of Information, MIA.
j4 ,... L IAL m-~~
Interview of !Exhibit 12)
On July 13, 2006,i(b)(7)c Was interviewed by Ol:RIVin Delta, Pennsylvania, and provided the following information in substance. Also present was Mr. Robert L. KILBRIDE, Vice President and Assnciate General Counsel, Wackenhut Corporation.
b)7)c (b),(7)c j`aidjheis_
.RARS-.nr. t. _haq.hP... r.,--mnnx tPriA _R P S (b)(7)c 9 - id xo. i n(b)(7.
A1 'said he is also reponsible for fof' security' personnel at PBAPS (pp. 5 denied ever observing any individuals working while under the influence of alcohol,
)7 n.or has anybody ever ,ppro_pTqhed him stating another employee was working, under the influence of alcohol. Said he _Ldjrcia_[p_.a king with."(b)(7)c
ý(b~(7~c concerning an instance off sliwhee eemployee(b)(7)c made the determinaton another security J.orce rn-rber.(b)(7 )c ýLhas intoxct d and refused to bring the individual to work.
-((c ........ xpl aiedcthere i/as no true and accurate way to prove it was a fitr5s for j4y other
"[B~n~ith e-rf.port from the*,,%ecurity force member whor.used to bri.g him in.jj*)(c' said he (b)(.7)c .. . ......-.--
req uested.(b)(Z)c---- provide the information o0r(b)(!)c ..... .. . . . . . . ttendance.i(b)c7)-
indicated,(.battendance reached the thrrsho r suspension and he was instructed t~o.qIpursuenitifen counseling and suspension. -D.DRAGHJala ýsaid he received a call from b.when another security force membei(b)U)c feported for a scheduled
. idil ex*n.ination.--,uring the examination, the phy'ic an s a-s&stant-aDarently detected 7 to PBAPS .
alcohol on!!(b)( 7)c Preath. After testing positiv.,foraIqhol( haccess -,
- 7) deni6a!a*eaWare of any other was pulled and _wajs sequentlyu terminated.3(b)(
instances when(-b)(7)c ___1vas.wv.vD.ing under thehiifluence-of alcohol, nor having anybody else suggest or menfi" thaq(b)(7 )c ýAas ever working under the influence of alcohol (pp. 6-9). -- 1'
- \F(b M)(7)c :explained -the P BAPS alcohol policy states you must abstain from alcohol for a period bvfve-hours 1 prior to'coming to work. Fitness for duty questions are presented to all employees at shift turnover by a supervisor prior to being armed. If an individual appears to be under the influence of alcohol, their supervisor is notified and the individual is for cause tested (p. 11).
Interview ofbi)(7)C Exhibit 13 On July 13, 2006,,(;...7c-}------ as interviewed by OI:RIV in Delta, Pennsylvania, and provided the following information in substance. Also present was Mr. Robert L. KILBRIDE, Vice President and AssociateGeneral Counsel, Wackenhut Corporation.
Out of Scopeof Scope
.. aid she is a 'and has been employed at PBAPS sincel 3. 5).
(b)(7)c "explained she had an incident where a member of her teai T(7)c aý called for t .
a sche&kued physical and did not pass the Breathalyzer test during the exam ria r.n(b)(7 )cc 1 OFFICE OF INVESTIGATIONS, REGION I Case No. 1-2006-013 13 OFFICIAL USE ONLY - 01 INVEST*,,9J jI, RMATI04 "
IV,accordanc, with t.h , edom Of iJnform tiQ-
~tIAPII.
CCA S i-,F A TN related she did not play a rol in the termination other than provide an account of what happened (pp. 5-7).
InterviewX of . . Ehbit 14)
On. July 13, 2 006 ........ was interviewed by Ol:RIV in Delta, Pennsylvania, and provided the following information in substance. Also present was Mr. Robert L. KILBRIDE, Vice President and Associate General Counsel, Wackenhut Corporation.
!. id she is an. and has been employed at PBAPS for
-pir....tey!years (pp. 4 and 5).
.(7*c.. . 'explained personnel are not supposed to consume alcohol within five hours prior
'io shift. She related shift turnover takes place in a small room. The supervisor of the turnover
[normally the SNS] asks all personnel if they are under the influencepof drups, alcohol, or under any stress that would keep them from performing their job. (b)(7)c ýsaid if she suspected somebody was under the influence of alcohol, she would report it immediately to supervision for further investigation (pp. 6 and 7).
Interview ofI-,Exhibit 15) /I On August 9, 2006 )7as interviewed by OI:RIV in1 and ,...
provided the following-inTormaTaon in substance.
ib(T)¢C, (b (ii7")
c.. . ..... . .. ..... . " "
..ti ne-hie w-asjelated he was employed at PBAPS fro released from duty following a fitness%r--*u-y-i-i-r.b()- at which
... lai (b)(7)c it was ;
discovered he had alcohol on his breath at the time of his annual i sicai* said he 7 -
lost his status to be badged, thus, he was terminated by Wackenhut (p. 4). . .
i(b)(7)c tiescribed an incident during the winter of 2004-2005. As a result of a snowstorm,
- -bVa- -6lfthe guards stayed the.niaht.at thq Peach Bottom Inn to ensure they could make it "7, back for duty the next morning,.b)(7 ... .celated.a group of eight or nine individuals went to a couple of bars and drank. Accordirg tol the next morning when they reported for duty, tElO 'w handing out mints w0I.q~ris,.nd commented on the smell of alcohol" (p. 5). (b)(**7)c . dentified the EIO as(pp)(.)c ... p. 5 and 6).
ht(b)(7)c
- aid he was unaware of any other times when PBAPJ management had knowledge t-a-th-eh-ad been drinking prior to reporting for duty.'h(b)(7)c . denied ever being told by PBAPS management to "sleep it off" (p. 6).
(related the annual physical was not schedpu.. for a Plrticular day and he was on shift an~ had to be released to undergo the physicaliQb)(7)c explained he had underwent the normal shift change as if it was a normal duty day prior to being released to undergo the physical examination and it was during the examination when the medical officer detected the odor of alcohol (p. 7).
E OF INVESTIGA O S, REGION I Case No, 1-2006-01314 Information inthIS re" as deleted in accordance with theFreedom of Information
-ýCt,,exem pitions -4 `
- 1) IA "SE6 O./I/ IN T~~I F R Interview of (Exhibit 16 (b)()()c On August 10, 20061 Iwas interviewed by OL:RIV in and provided the followirg infor-naaSt in substance.
(b)(7 .... ep.yed at..AP
... *=a~,-
h= *,,*employed at PBAPS a as atiiis(b)(7)c ia or approximately
!(b)(7)c . ..... .. '
!"Y;" : -:=t....
I(b
)explained he was one of several ) .ithaLstaved at the Peach. Bottom Inndfti-chg snowstorm during the winter of 20QOA-2005)(b)( 7)c saidthe~se.curitvruards_
7 r!(b)(7cated
-n (b)( )c ate as a group at the restaurant at the hotel.
[former* RBAPSSsecjrity guard] shared a roorm- and they went back to th*Thom-togetherafter dinner, 3aid he heard rumors that several of the other officers went out drinking (pp. 6'afnd-f).
confirmed he did not smell any alcohol, nor did.anybody,.appear to be intoxicated or at the shift change the next morning.[b)([)c .enied seeing anybody handing out mints or anything to mask the odor of alcohoi PBA,4S" (pp. 8-11).
Interview oll (b)(7)c 'Exhibit 17)
On September 20, 2 0 06&b)(7)c w as interviewed by OI:RIV in Delta, Pennsylvania, and
.provided the following infomatiirfi'substance.
(6(7c.... . related he has been aF(b)7).
lat PBAPS for approximatel'ý{97years (pp. 4 (b (7)c I . .. . . b () . .
explained he was one of approximately eighw t.oo advantage of
, -either1 2004 or 2005.
, e0botity to stay at the Peach Botto... nn.du=.Ah6,,w related he shared a room wit( 'aid they had dinner and drbinks
.. *a *eeacb.Bottom. Inn and then u-groIui-i*Qr*vwevl Lu Whe Amber Light Inn for more
.eIRt drinks.l(b)(7)c said they stopped drinking and departed the Amber Light Inn at approxiMateeyTr':'3 p.m. (pp. 6-9).
A(b)(7)cq
! " .xplained he ant rove to work together and nothing was said.about-the ....
odFor ota-cohol and denied th iints or gm were handed out upon arrival for dutyi said he was unable to remember who the EIO was for the day in question (pp. 10-1 .- .
Interview off (Exhibit 18)
On September 20, 2006,i L..... interviewed by OI:RIV in Delta, Pennsylvania, and
.was provided the following information in substance.
Kb)(7b (b (7)~7 (p
.related he has been' at PBAPS since, (pp. 4 and KO Rý C ý SU ý OrýAP
- FE LD 0 II DIRE*
OFFICE OF INVESTIGATIONS, REGION-r-'
Case No. 1-2006-013 15 n accordance with thq Freedom of information Act, exemptions , .
t xplained he was one of the :who stayed at Peach Bottom Inn Aurinq the snowstorm rather than drive tie 5-pima f-te/40 miles to his~rs.iHi.nrn....,
(7!c.... .ad he ate in his room, watched television and went to bed. (b)(7 )c. explained other guys were talking about goinnitn-thp-rF.staurant/bar toq etIs-o.ingto eat,tbt he did not 7 knocked on doors in the know if they were also drinking. related he andc(bl( c r(b)(7)c mornina.andcmade sure guys w6reup ind stimated he arrivedd a ework'beLween 5:15 anId 6:00 a.m.l( 7)c Jienied hearing anything about the offer of mints to mask the odor of alcohol (pP. i-0-) ---. -----
Interview ofV (Exhibit 19)
On September 20, 2006, ýwas interviewed by O:RIV in Delta, Pennsylvania, and provided the following inforiorfln substance.
z ýVrelated he is currently an but has held various positions during hi,' .years at
.PBAPS (pp. 3-5).
Penied ever providing mints or gum or observing anybodyelse-hand.out mints or gum to n-9y members of the guard force to mask the odor of alcohnhb7).-c denied ever observing anybody under the influence of alcohol while on duty.,(b)(7 )C.......eiipained as :if he ever observed anybody that appeared to be under the influence of alcohol, he would immediately have the individual disarmed, notify supervision, and detain the individual for questioning (pp. 6 and 7).
(b)(7)c Interview of 1i(Exhibit 20) -i
- (b) (7) c .]
IOn September 20, 2 0 0 6 ,!* was interviewed by OI:RIV in Delta, Pennsylvania, and provided the following infor-matFionin substance.
7 -(-) -----
p al AmdIII S cU
.UI IILU*QII I @llIU I1I-" ULt-l UIII y L Fp LtFt SJIlo apJIproxIIIately LtwU years (pp. 4 and 5).
(b)(7) c iexplained he was still in training and was not present at the Peach Bottom Inn on the
..queston of the snowstorm (pp. 5-7).
~~1 Interview of.,Exhibit 21)
(b)(7)c On September 20, 2006i W/as interviewed by OI:RIV in Delta, Pennsylvania, and provided the following inf Tht~tibiflir substance.
(b)(7 ac is am ~ at PBAPS (p.4).
'explained he.wa.,Ps reserA.i, tbe P Bottom Inn on the evening in question and
'a*-ioom withi(b)(7)c .elated he ate dinner at the Pea(;rBotU n Inn and then returned t1:his room- to have telep-*h.nic conversation with his wife. \ 1(b)(7)c -aid ZI*q FO PU IC DISCLOSURE WITHOUJ-*FPPR O- ELO 3,-1E DIRECTOR, S--* *_9.PFI& S'TIGATNS, RE'GIONI Case No. 1-2006-013 16 O F/F** ýSSE ILY -O-INE TII10 FO
ý ATIO N in accordance with the laJornI Of lfiforrftfiof Act, eampin,P ... - "
lALUS zAONLY I IVE I T he and b) rove back to work the following morning togetheri "affirmed he did not se'6-iy656dy that appeared to be under the influence of alcohol, rnT67rdidh'&'-6bserve or hear any discussion concerning the handing outof mints or gum to mask the odor of alcohol (pp. 5-9).
AGENT'S NOTE: The following PBAPS personnel were also interviewed regarding their knowledge of the above inpdent; however, they were unable to provide any additional investigative value[b(-cc
! I s....... Wasterminated from PBAPS i thisninvesttgation. Numerous searches of*-
databases includingJb)(7 )e were conducted on(b)(7)c along with coordination with the United Saf'tae ostal Service. Non6e-ortffe f*b*oV-searches nor subsequent coorirnaation..w.lh-yariou-.lgjw enfo-Fement agencies were able to assist in locating(b)(7)c !Thus (b)(7)c was not , . ..
interviewed for this investigatiOrl . ......
Agent's Analysis plieged Wackenhut supervisors at PBAPS knew security guards were reporting for u ty- lrrder- the influence of alcohol and instructed them to go to a guard tower "to sleep it off."
confirmed that *- ------and..he..Vsed to car pool to PBAPS and related one
... ".* ln he
............ said . ebyeveo wien ...... (b)(7)c .as intox'
.. ated when he arrived at his (b)(7)c bUouse..(b)(7)c adwhe' showe[..up, there..,s a strong odor
- -cooa*a). asnurbling and lL§fihj-tiiý-peech.(b)(7)C __-related that he called an-iet him know that- would belate and afn1th-Zifc-u-mTstances.
c " adte decision not triv*_b)---o work ard insteadecided to have his tb(7)c hi1r.a takeý(b)(7)c i .- ome' D.Jon-arrival at wr,()7) work!e fu(Pher "td[.cussec the incident wiTb7, .said he re -mb eremlling(b)(7)c bt but
.... p,.ld..Btremember who elIse he told. td (b)(7)c ~7ored ý(b)(7)med:()
,cor otce ontactej'd hm-_
bu~.ud~reebr ~ bini~ IY -to work because he was under the band told him he was not br(ndj'(617-oC rn1iluenceof-alcohol. 1'6)(7)c explained on&"(b)(7 )c. eturned to work, he brought him in to in writing and sus dhr mfa violation of the attendance po licy. (b) 7 c ... said the increased oversjght 0of(7)- included a 30, 60, and 90 day evaluati-ifh-uladt-edevery 3,_dfadv.t.o...ersr 7L....Uidnbt have continuing problems with attendance or other issues. *~ ~......... ~
(b)(7)c c of alcho denied having any9kBnowledge
- (b)(7)c of any PBAPS rlovees er orking while urnder the influence of alcohol., b( lenied ever being informed p)r any other individual was working while under the influence of alcohol. 7 f (b)(7)c osrigudro dbenied ever observing any individuals working while under the influence of alcohol,
.........roa enied that anybody e§rLap.p._..ached him stating another emplpy.ee was wortg 7 laid he did re~all speakirg,,with 1(b)(7)c under the influence of alcohol-,b)( )c concerning an instance off sited: ' ;,r~ire:,A..erploye imade th-eltiýrhinbtidn another security force membert( b)(7)c was intoxicated and refused to bring the individual "7 ".
~V, OFFICE OF INVESTIGATIONS, REGION I Case No. 1-2006-0 17 A*j L - V G I N Infolmation in ttiis recOr as V in accordance with the r edo. ofemoition Adt, ejefrptions . . ...... 'W/-/A
OFIILUE0LY -1 C \/NVESTIGZATION INFOl AI (7) i(b) to work. §
ýxplained there was notrue and accurate way to prove it was a fitness for dutyss
...... -othertan the rept from the security force member who rgfused to brig-.him in.
(b)(7) c uest ()(c brnvid0P-he information or (b)(7)c-
...tte -n-e (b)(7)C . . dicafed (b)(7)c bttendance reach i thethreshold for suspension and he was instructed to pursue the written counseling and suspension.
ý(b)(-7")c-' -i . 5 )(7)c) also said he received a call when another security force membe~r, reported fa scheduled medical exami[alon.-During the examination, the physicians assisrant
...ppafenty.etected alcohol or)(b)(7 )c Ibreath. After testing positive for alcQ .. . .
.(b)(7)c 3ccess to PBAPS waspuiia -and he.wa.S'ubsquently terminated. (b)(7)c
'oeniec-0oeing aware of any other instances whe(7 . under th*iflfiie of alcohol, nor having anybody else suggest or menuori, was ever working under the influence of alcohol.
ý(b)(7)c.
described an inc.i.de.nt-during the winter of 2004-2005, when as a result of a irbwst6"rt-om, several of the stayed the f*,ht.at.tp-Peach Bottom Inn to ensure they
'(b)(7)c *(b)(7).
could make it back for duty ire next morning.(b)(71c fela~dgag.raup of eight or nine individuals went to a couple of bars and drank.-Ac:cotrdin*g to,((7)c . he next morning when they reported for d t was handino-out mints with ti*.*fifiý, -7 commented on the smell of alcohol identified the ;a- (b)(7)c 3aid he was unaware of any other times wenP.BAPS manaq emeni.had ghowlec he hadteen drinking pror to reporting for duty. (b)(7)c a firedl(b)(7 )c as a result of a positive alcohol FFD test, also denied ever beirig-told'yPBAP-i*rie-rnent to "sleep it off." Sincehe wasýired and had no reason to have allegiance to PBAPS or Wackenhut, 01 believeE(bl( 7lc Would have Leeadj~yp*ided information about guards being told to "sleep it off' if itLiacltay c7curred.
i(b)()c hrovided no such testimony.
taenied
.bm ever providing mints or gum or observing anybody e.lse hand .uit mints or
.gumtoany members of the guard force to mask the odor of alcohol.,(b)(7)c-__ 3damantl .
7 denied ever observing anybody under.the influence of alcohol while 6nauT yi.b ( )c explained if he ever observed anybody that appeared to be under the influen' 6ft -ol* he would immediately have the individual disarmed, notify supervision, and detain the individual for I(b)(7)c-questioning. Numerous interviews wer.ec.oducted of personnel that participated in the shift.
turnover the following morning wit hj(b)(7)c !All of the perso Inel denied observingthe or anybody else hand out mints. Furt ell, a rýonnel, includin(b)( .... enied hea anybody mention using mints or gum to mask the odor of aico6....
Analysis of the testimony and review of pertinent documentation resulted in the conclusion that Wackenhut supervisors at PBAPS were unaware that security personnel were allegedly reporting for duty while under the influence of alcohol, and they never instructed any personnel to "sleep it off."
Before this 01 investigation %_uued ... !Nas terminated for an off site arrest. His whereabouts are unknown. (b)(7)c .. isciUy incarcerated for an alcohol related offense u n re la te d to th is inv e s tig a t i6- -:-..... . ....-- ..I.
OFFICE OF INVESTIGATIONS, REGION I Case No. 1-2006-013 18
- VE rf1Tý'Od was deieted n accordance with the edom of Information-FOi .. . . ..
tCase o 6 ALY - I "
Case No. 1-200601
Cs N.-N Case No. 1-200-1
% A-L E ýLO-oAT 0 I
Out of Scope 1
ii Case No. 1-2006-013 21
0.. - R"
- Out of Scope CaIse11No -.-11--2 O60
- -60i3>3 .- 22
O'ut oi Sc-op-e Case No. 1-2006-01 23 FL E Y-011 ElI I FO TIO
Case No. 1-2006-01pe IA EQ Y- IoS 24 1 0 I
.1I II IC-i T.A A Ca se No. 1-2006"-0"13.2 WCI - E INý
Gut of Scope Conclusion Based on the evidence developed during this investigation, the allegations that PBAPS security personnel willfully viola te.,ifess-J.fcduty procedures and security qualification requirements could not be substantiated.
Case No. 1-2006-013 26 OF E Y- INV ATIO INF M
0-Nlý LIST OF EXHIBITS Exhibit No. Description 1 Investigation Status Record, dated December 23, 2005 (1 page).
2 Transcript of Interview o, !dated May 15, 2006 (31 pages).
3 Nuclear Security Shift Turnover, dated July 13, 2006 (1 page).
4 SY-AA-102, Revision 9, Page 10 of 31, undated (1 page).
5 Initial Investigation and Notifications, dated August 3, 2005 (10 pages).
6 PBAPS Nuclear Security Section Record-of Supervisor Individual Counseling, dated October 2, 2004 (1 page).
f .......(7)c ,(b) 7 Transcript of Interview of 'ated July 12, 2006 (12 pages).
8 Transcript of Interview of, Idated July 12, 2006 (12 pages).
(b)(7)c 9 Transcript of Interview ol "dated July 13, 2006 (21. pages).
10 Transcript of Interview of* Idated July 13, 2006 (14 pages).
11 Transcript of Interview of (b)(7) idated July 13, 2006 (14 pages).
12 Transcript of Interview o1 (b)(7)c -dated July 13, 2006 (19 pages).
13 Transcript of Interview of:;tb)(7)c dated July 13, 2006 (13 pages).
14 neve ~b)(7)
Transcript of Interview 15~~~ ofl (rncito
.dated C
July 13, 2006 (12 pages).
13 Transcript of Interview of,. 'dated August 9, 2006 (11 pages).
16 Transcript of Interview of! idated August 10, 2006 (12 pages).
17 Transcript of Interview of (b)7) dated September 20, 2006 (13 pages).
18 Transcript of Interview of' dated September 20, 2006 (11 pages).
19 Transcript of Interview ofi Jated September 20, 2006 (9 pages).
VESMIAT ?"hJFORMVýPN\
- i)aiLutaaue with the FreedTpof Information-Act, ex mtions I emn
(b)(7)c 20 Transcript of Interview of: lated September 20, 2006 (8 pages).
21 Transcript of Interview of !dated September 20, 2006,(10 pages).
OQut of Scope 22 23 (b)(7)c 24 Transcript of Interview of.i ated July 12, 2006 (13 pages).
25 Transcript of Interview of dated July 13, 2006 (15: pages).
7 )c dated July 12, 2006 (13 pages).
26 Transcript of Interview of
'Out of Scope~
27 28 29 7
3~Transcr pt.of"nter.. ..ie.........)(
30 .....
Transcript of Interview of(b)(7)c)c t e idated July 13,2006(15pages) 13, 2006 (15 pages).
31 Transcript of Interview of(b)(7)c ,dated July 13, 2006 (11 pages).
O*b)(7)c Iae uy1,20 1 ae)-
32 Transcript of Interview o 'd inoimation in tnis record was deieted in accordance with the Freedom of Inlormation Act, exemptions "
FOIA-
NRC FORM 8C (7-94)
NRCMD 3.57 COVER SHEET FOR CORRESPONDENCE USE THIS COVER SHEET TO PROTECT ORIGINALS OF MULTI-PAGE CORRESPONDENCE