ML081830756
| ML081830756 | |
| Person / Time | |
|---|---|
| Site: | Hatch  |
| Issue date: | 07/01/2008 |
| From: | NRC/OE |
| To: | |
| Barnes R | |
| References | |
| EN-08-040, IA-07-069 | |
| Download: ML081830756 (2) | |
Text
July 1, 2008 EN-08-040 OFFICE OF ENFORCEMENT NOTIFICATION OF SIGNIFICANT ENFORCEMENT ACTION Individual: Mr. Anthony R. Fortuna (IA-07-069)
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 session will be issued on or about July 3, 2008, to Mr. Anthony R. Fortuna. The ADR session was held between Mr. Fortuna and the U.S. Nuclear Regulatory Commission (NRC) on June 6, 2008, in Troy, Michigan, and involved discussions of Mr. Fortunas failure to provide required information on an application for unescorted access to the Hatch Nuclear Plant.
Specifically, on February 6, 2006, Mr. Fortuna failed to disclose on a Personal History Questionnaire (PHQ) that he previously tested positive on an employers drug test. As a result, Mr. Fortuna gained unescorted access to the protected area of the Hatch Nuclear Plant from February 16 through March 27, 2006. The failure to disclose the prior positive drug test was material because it precluded the licensee from taking the information from this disclosure into consideration when determining his trustworthiness and reliability prior to granting unescorted access to the plant as required by 10 CFR 73.56(b). Mr. Fortuna engaged in deliberate misconduct in violation of 10 CFR 50.5 when he did not disclose his prior positive drug test result on the PHQ.
Based on the ADR session, a settlement agreement was reached. Mr. Fortuna acknowledged, among other things, that: (1) his actions as described above were in violation of 10 CFR 50.5; (2) the seriousness of this matter and the potential impact his actions had on the ability of NRC licensees to establish and maintain an effective access authorization program; and (3) if he should become involved in licensed activities in the future, he will comply with all licensee and regulatory requirements, including the requirement to complete documentation associated with gaining access authorization completely and accurately. In consideration of these agreements by Mr. Fortuna, the NRC agreed to forego issuance of a Notice of Violation.
The schedule of notification and issuance:
Telephone Notification of Individual July 3, 2008 Mailing of Confirmatory Order to Individual July 3, 2008 CONTACTS: Russ Barnes, OE, 301-415-1291 Nick Hilton, OE, 301-415-3055
Distribution: EN-08-040, July 1, 2008 OWFN OWFN TWFN Regional Offices Chairman Klein EDO OCFO RI RII Comm. Jaczko DEDR OP CENTER RIII RIV Comm. Lyons DEDMRT NMSS Comm. Svinicki OE NSIR SECY OGC OIG MAIL OCA NRR OIS ADAMS OPA OI RES OE staff OIP ACRS FSME DISTRIBUTION:
OE File IA-07-069 C. Carpenter N. Hilton R. Barnes ML081830756 OFFICE OE-ES OE-SC NAME R. Barnes N. Hilton DATE 06/30/08 07/01/08 OFFICIAL RECORD COPY