ML081850369
| ML081850369 | |
| Person / Time | |
|---|---|
| Site: | Hatch  |
| Issue date: | 07/03/2008 |
| From: | Reyes L Region 2 Administrator |
| To: | Fortuna A - No Known Affiliation |
| References | |
| 2-2006-035 IA-07-069 | |
| Download: ML081850369 (3) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION REGION II SAM NUNN ATLANTA FEDERAL CENTER 61 FORSYTH STREET, SW, SUITE 23T85 ATLANTA, GEORGIA 30303-8931 July 3, 2008 IA-07-069 Mr. Anthony R. Fortuna
[Home Address Removed According to 10 CFR 2.390]
SUBJECT:
CONFIRMATORY ORDER (EFFECTIVE IMMEDIATELY)
NRC OFFICE OF INVESTIGATIONS REPORT NO. 2-2006-035 (Hatch Nuclear Plant)
Dear Mr. Fortuna:
The enclosed Confirmatory Order is being issued to you as part of a settlement agreement between you and the Nuclear Regulatory Commission (NRC). The agreement resolves an apparent violation of the NRC=s deliberate misconduct rule,10 CFR 50.5, that was identified during the subject Office of Investigations (OI) investigation. You were advised of this apparent violation by NRC letter of March 13, 2008. Our March 13th letter also informed you that the apparent violation was associated with your failure to provide required information on an application for unescorted access to Southern Nuclear Companys Hatch Nuclear Plant.
Specifically, on February 6, 2006, you deliberately provided materially inaccurate information to Hatch Nuclear Plant when you failed to disclose on a Personal History Questionnaire that you previously tested positive on an employers drug test. As a result, you 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 your trustworthiness and reliability prior to granting you access to Hatch Nuclear Plant, as required by 10 CFR 73.56 (b).
Based on the OI investigation and in accordance with the NRC Enforcement Policy, you were offered the opportunity to: 1) attend a predecisional enforcement conference to discuss the apparent violation; or 2) provide a written response to the apparent violation; or 3) request to participate in the NRC=s Alternative Dispute Resolution (ADR) program in an attempt to resolve the apparent violation. As we advised in our letter of March 13, 2008, ADR is a general term encompassing various techniques for resolving conflicts outside of court using a neutral third party. Mediation is the technique employed by the NRC. In response, you requested ADR, and a mediation session was held between you and the NRC in Troy, Michigan on June 6, 2008.
Based on that session, you and the NRC reached a settlement agreement in principle. The elements of the preliminary agreement were formulated and agreed to during the mediation session and are contained within the enclosed Order.
As part of the ADR settlement agreement, and as discussed in the enclosed Confirmatory Order, you acknowledged the seriousness of this matter and the potential impact of your actions on the licensees access authorization program. You also agreed to a number of corrective actions to prevent recurrence of the violation. In consideration of these commitments, the NRC agreed to
Mr. A. Fortuna 2 exercise enforcement discretion to forego issuance of a Notice of Violation to you.
We have enclosed a Confirmatory Order (Effective Immediately) to confirm the commitments made as part of the settlement agreement. As evidenced by your signed Consent and Hearing Waiver Form (copy enclosed) dated June 6, 2008, you agreed to issuance of this letter and Confirmatory Order.
Pursuant to Section 223 of the Atomic Energy Act of 1954, as amended, any person who willfully violates, attempts to violate, or conspires to violate, any provision of this Order shall be subject to criminal prosecution as set forth in that section. Violation of this Order may also subject the person to civil monetary penalties.
You are not required to respond to this letter. However, if you choose to provide a response, please provide it to me within 30 days at NRC Region II, ATTN: Regional Administrator, 61 Forsyth Street, SW Suite 23T85, Atlanta, Georgia 30303-8931.
If you have any questions or comments concerning this letter, please contact Ms. Carolyn Evans of my staff at 404-562-4414.
A copy of this letter and its enclosures will be made available electronically for public inspection in the NRC Public Document Room or from the NRCs document system (ADAMS). ADAMS is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. The NRC will also include this letter, and the attached Confirmatory Order, on its website at www.nrc.gov; select Public Meetings and Involvement, then Enforcement, then Significant Enforcement Actions. Your response, if you choose to provide one, will also be made available electronically for public inspection in the NRC Public Document Room or from the NRCs document system (ADAMS).
Sincerely,
/RA Victor M. McCree for/
Luis A. Reyes Regional Administrator
Enclosures:
- 1. Confirmatory Order
- 2. Consent and Hearing Waiver Form CERTIFIED MAIL NO, 7001 2510 0004 5474 5752 RETURN RECEIPT REQUESTED
OFFICE RII:DRS RII:DRS RII:ORA OE OGC NSIR EICS SIGNATURE /RA/ /RA/ /RA/ Via email Via email NAME J. Munday K. Kennedy V. McCree C. Evans DATE 6/20/2008 6/26/2008 7/ /2008 6/20/2008 7/ /2008 6/25/2008 6/20/2008 E-MAIL COPY? YES NO YES NO YES NO YES NO YES YES NO YES NO