ML090060607
| ML090060607 | |
| Person / Time | |
|---|---|
| Site: | Sequoyah  |
| Issue date: | 01/05/2009 |
| From: | Reyes L Region 2 Administrator |
| To: | Hickey R - No Known Affiliation |
| References | |
| 2-2007-025 IA-08-038 | |
| Download: ML090060607 (6) | |
Text
January 5, 2009 IA-08-038 Ms. René Hickey
[NOTE: HOME ADDRESS DELETED UNDER 10 CFR 2.390]
SUBJECT:
NOTICE OF VIOLATION (NUCLEAR REGULATORY COMMISSION OFFICE OF INVESTIGATIONS REPORT NO. 2-2007-025, SEQUOYAH NUCLEAR PLANT)
Dear Ms. Hickey:
This refers to the investigation conducted from June 20, 2007, to April 18, 2008, by the U.S. Nuclear Regulatory Commissions (NRC) Office of Investigations (OI) at Tennessee Valley Authoritys (TVA) Sequoyah Nuclear Plant.
The purpose of the investigation was to determine whether you, while employed by Pinkerton Government Services as a Security Sergeant at Sequoyah, falsified an inventory form to conceal your failure to verify security equipment inventory as required by a licensee procedure. A factual summary describing the results of the OI investigation, including the identification of an apparent violation of 10 CFR 50.5, Deliberate misconduct, was forwarded to you in our letter of August 18, 2008.
The letter transmitting the factual summary provided you the opportunity to address the apparent violation by either attending a predecisional enforcement conference or by providing a written response before we made our final enforcement decision. In a letter dated September 14, 2008, you provided a written response to the apparent violation. In your response, you provided information related to your decision-making process which led to the apparent violation, and the accountability standards placed upon security supervisors. Your response did not challenge the factual information or apparent violation documented in the NRCs letter of August 18, 2008.
Based on the information developed during the investigation and the information that you provided in your written response, the NRC has determined that a violation of 10 CFR 50.5(a)(2),
Deliberate misconduct, occurred. The violation is cited in the enclosed Notice of Violation (Notice) (Enclosure 1). In summary, on May 31, 2007, you submitted materially inaccurate information to the Sequoyah Nuclear Plant that you knew at the time to be inaccurate.
Specifically, you had failed to adequately inventory security personnel equipment as required by the Sequoyah Physical Security Plan and implementing procedure, and subsequently falsified an inventory record to conceal your inadequate inventory. You deliberately destroyed the original accurate inventory record, and deliberately created an inaccurate new inventory record to
Ms. Rene Hickey 2 replace the destroyed document. The inaccurate information is material to the NRC because the inventory record is created and maintained to demonstrate that necessary security equipment is available to satisfy regulatory requirements.
The falsification of a security inventory record is a significant matter because the NRC regulatory framework is based, in part, on the trustworthiness and integrity of individuals to comply with regulatory requirements. As a security supervisor, your deliberate misconduct is of particular concern to the NRC because of the responsibility that was entrusted to you by TVA for ensuring safeguards related activities within your area of control were conducted in accordance with site procedures, and because your actions represent a performance standard for other security officers. Your deliberate actions also placed the Sequoyah Nuclear Plant in violation of 10 CFR 50.9, Completeness and Accuracy of Information, the Sequoyah Physical Security Plan, and an implementing procedure. Enclosure 2 includes a copy of the Confirmatory Order (Effective Immediately) issued to TVA. Given the significance of this issue and the deliberate nature of your actions, this violation has been categorized in accordance with the NRC Enforcement Policy at Severity Level III.
You should be aware that if you are involved in NRC-licensed activities in the future, additional deliberate violations could result in more significant enforcement action or criminal action.
The NRC has concluded that information regarding the reason for the violation, the corrective actions taken and planned to correct the violation and prevent recurrence, and the date when full compliance was achieved is already adequately addressed on the docket in your letter of September 14, 2008. Therefore, you are not required to respond to this letter unless the description therein does not accurately reflect your corrective actions or your position. In that case, or if you choose to provide additional information, you should follow the instructions specified in the enclosed Notice.
In accordance with 10 CFR 2.390 of the NRC's "Rules of Practice," a copy of this letter, its enclosures, and your response, if you choose to provide one, will be made available electronically for public inspection in the NRC Public Document Room or from the NRC=s document system (ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. To the extent possible, your response should not include any personal privacy, proprietary, or safeguards information so that it can be made available to the Public without redaction. The NRC also includes significant enforcement actions on its Web site at (http://www.nrc.gov/reading-rm/doc-collections/enforcement/actions/). In addition, this letter will be maintained by the Office of Enforcement in an NRC Privacy Act system of records, NRC-3, AEnforcement Actions Against Individuals.@ The NRC-3 system notice, which provides detailed information about this system of records, can be accessed from the NRC Web site at http://www.nrc.gov/reading-rm/foia/privacy-systems.html.
Ms. Rene Hickey 3 Please feel free to contact Mr. Kriss Kennedy, Director, Division of Reactor Safety, at 404-562-4601, should you have any questions.
Sincerely,
/RA/
Luis A. Reyes Regional Administrator
Enclosures:
- 1. Notice of Violation
- 2. Confirmatory Order to TVA CERTIFIED MAIL 7004 1350 0005 1731 7343 RETURN RECEIPT REQUESTED cc w/ encls:
Timothy P. Cleary Site Vice President Sequoyah Nuclear Plant Tennessee Valley Authority P.O. Box 2000 Soddy-Daisy, TN 37384-2000 Edward J. Vigluicci Principal Attorney & Senior Nuclear Counsel Tennessee Valley Authority 6A West Tower 400 West Summit Hill Drive Knoxville, TN 37902
OFFICE RII:ORA RII:DRS SIGNATURE /RA S. Sparks for/ /RA/
NAME CEVANS KKENNEDY DATE 10/03/2008 10/6/2008 E-MAIL COPY? YES NO YES NO YES NO YES NO YES NO YES NO OFFICE OGC NSIR OE NRR SIGNATURE /RA via email/ /RA via email/ /RA via email/
NAME C. Marco G. West N. Hilton DATE 12/09/2008 12/19/2008 12/09/2008 E-MAIL COPY? YES NO YES NO YES NO YES NO YESNO YESNO NOTICE OF VIOLATION Ms. Rene Hickey
[HOME ADDRESS DELETED UNDER 10 CFR 2.390] IA-08-038 During an NRC investigation conducted from June 20, 2007, to April 18, 2008, a violation of NRC requirements was identified. In accordance with the NRC Enforcement Policy, the violation is listed below:
10 CFR 50.5(a)(2) states, in part, that an employee of a licensee or contractor who knowingly provides any licensee any components, equipment, materials, or other goods or services that relate to a licensees activities in this part, may not deliberately submit to the NRC or a licensee, information that the person submitting the information knows to be incomplete or inaccurate in some respect material to the NRC.
The Sequoyah Physical Security Plan requires, in part, inspections and operability checks of appropriate security personnel equipment in accordance with site implementing procedures.
Implementing procedure NSDP-26, Weapons Accountability, requires, in part, that security supervisors conduct inventory inspections and operability checks of appropriate security personnel equipment, and that these activities be documented on specified forms.
Contrary to the above, on May 31, 2007, Ms. Rene Hickey, a contract Security Supervisor employed by Pinkerton Government Services at the Sequoyah Nuclear Plant, deliberately submitted materially inaccurate information to an NRC licensee. Specifically, Ms. Hickey had failed to adequately inventory security personnel equipment, and subsequently falsified an inventory record to conceal her inadequate inventory. Ms.
Hickey deliberately destroyed the original accurate record of the inventory, and deliberately created an inaccurate new inventory record to replace the destroyed document. The inaccurate information is material to the NRC because inventory records are created and maintained to demonstrate that necessary security equipment is available to satisfy regulatory requirements.
This is a Severity Level III violation (Supplement III).
The NRC has concluded that information regarding the reason for the violation, the corrective actions taken and planned to correct the violation and prevent recurrence and the date when full compliance will be achieved is already adequately addressed on the docket in your letter of September 14, 2008. However, if the description therein does not accurately reflect your corrective actions or your position, you are required to submit a written statement or explanation pursuant to 10 CFR 2.201. In that case, or if you choose to respond, clearly mark your response as a Reply to a Notice of Violation, IA-08-038 and send it to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, One White Flint North, 11555 Rockville, MD 20852-2738, with a copy to the Regional Administrator, U.S., Nuclear Regulatory Commission, Region II, within 30 days of the date of the letter transmitting this Notice of Violation (Notice).
Enclosure 1
NOV 2 If you contest this enforcement action, you should also provide a copy of your response, with the basis for your denial, to the Director, Office of Enforcement, United States Nuclear Regulatory Commission, Washington, DC 20555-0001.
If you choose to respond, your response will be made available electronically for public inspection in the NRC Public Document Room or from the NRC=s document system (ADAMS),
accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. Therefore, to the extent possible, any response should not include any personal privacy, proprietary, or safeguards information so that it can be made available to the Public without redaction. If personal privacy or proprietary information is necessary to provide an acceptable response, then please provide a bracketed copy of your response that identifies the information that should be protected and a redacted copy of your response that deletes such information. If you request withholding of such material, you must specifically identify the portions of your response that you seek to have withheld and provide in detail the bases for your claim of withholding (e.g., explain why the disclosure of information will create an unwarranted invasion of personal privacy or provide the information required by 10 CFR 2.390(b) to support a request for withholding confidential commercial or financial information). If safeguards information is necessary to provide an acceptable response, please provide the level of protection described in 10 CFR 73.21. This letter will be maintained by the Office of Enforcement in an NRC Privacy Act system of records, NRC-3, AEnforcement Actions Against Individuals.@ The NRC-3 system notice, which provides detailed information about this system of records, can be accessed from the NRC Web site at http://www.nrc.gov/reading-rm/foia/privacy-systems.html .
Dated this 5th day of January 2009 Enclosure 1