ML090850501
| ML090850501 | |
| Person / Time | |
|---|---|
| Site: | Susquehanna  |
| Issue date: | 03/26/2009 |
| From: | NRC/OE |
| To: | Susquehanna |
| Gulla G. 415-2872 | |
| References | |
| EN-09-016, IA-09-014 | |
| Download: ML090850501 (2) | |
Text
PRELIMINARY INFORMATION - NOT FOR PUBLIC DISCLOSURE UNTIL VERIFICATION THAT LICENSEE HAS RECEIVED ACTION March 26, 2009 EN 09-016 OFFICE OF ENFORCEMENT NOTIFICATION OF SIGNIFICANT ENFORCEMENT ACTION Individual: Mr. Keith Davis, former SRO Susquehanna Steam Electric Station (SSES)
IA-09-014
Subject:
ORDER PROHIBITING INVOLVEMENT IN NRC-LICENSED ACTIVITIES This is to inform the Commission that an Order will be issued on or about April 1, 2009, which will prohibit Mr. Keith Davis from involvement in NRC-licensed activities for a period of 3 years.
On July 2, 2007, Mr. Davis received a letter informing him that the NRC was considering escalated enforcement action for his failure to report an arrest as required by SSES procedures and NRC regulations. This letter provided Mr. Davis the option to attend a Predecisional Enforcement Conference to discuss the apparent violation or request an Alternative Dispute Resolution (ADR) mediation session. On July 12, 2007, Mr. Davis chose to pursue resolution to the apparent violation through an ADR mediation session. This session was held on September 22, 2007, and a settlement agreement was reached between Mr. Davis and the NRC. On November 26, 2007, the NRC issued a Confirmatory Order confirming commitments made by Mr. Davis as part of the ADR settlement including: (1) writing an operator training plan and an operating experience report addressing lessons learned from the violation and submitting the training plan to SSES for possible use, and to send the report to at least three national organizations for possible publication; (2) and providing a written response to the NRC explaining why the NRC can have confidence that he will follow licensee procedures and meet NRC regulations should he work in the nuclear industry in the future. The NRC also included a Severity Level III Notice of Violation with the Confirmatory Order. Mr. Davis was to complete the Confirmatory Order actions by February 26, 2008, and inform the NRC of completion of the actions by March 27, 2008. As of the date of this notification, the NRC has not received the agreed upon correspondence.
The staff attempted to contact Mr. Davis several times, including certified mail, because of Mr.
Daviss failure to respond to the Confirmatory Order, but was unsuccessful. Subsequently, the Office of Investigations was able to locate and talk to Mr. Davis. In this discussion, Mr. Davis stated that he did not agree with the ADR settlement and for that reason refused to accept/ignored the NRCs correspondence.
Mr. Davis has violated 10 CFR 2.202(b), in that he has not responded to an NRC Order by filing a written answer under oath or affirmation. His decision not to comply with the Confirmatory Order actions or to respond to the Confirmatory Order or to the NRCs subsequent correspondence and communication attempts has resulted in the loss of reasonable assurance that he may be relied upon to comply with NRC requirements.
It should be noted that the individual has not been specifically informed of this enforcement action.
PRELIMINARY INFORMATION - NOT FOR PUBLIC DISCLOSURE UNTIL VERIFICATION THAT LICENSEE HAS RECEIVED ACTION
PRELIMINARY INFORMATION - NOT FOR PUBLIC DISCLOSURE UNTIL VERIFICATION THAT LICENSEE HAS RECEIVED ACTION The schedule of issuance and notification is:
Mailing of Notice April 1, 2009 Telephone Notification April 1, 2009 Contacts: Gerry Gulla, OE, 415-2872 Nick Hilton, OE, 415-3055 Distribution:
Electronic Distribution: EN-09-016, March 26, 2009 OWFN OWFN TWFN Regional Offices DO OCFO RI RII Chairman Klein DEDR OP CENTER RIII RIV Comm. Jaczko DEDMRS FSME Comm. Lyons OE NMSS Comm. Svinicki OGC OIG MAIL SECY NRR OCIO ADAMS OCA NSIR RES OE staff PA OI ACRS IP DISTRIBUTION: (Hard copy)
C. Carpenter, OE S. Magruder, OE N. Hilton, OE G. Gulla, OE OE r/f EN binder OPA X -PUBLIC X Non-SENSITIVE ML090850501 OFFICE OE:ES OE:BC NAME GGulla JWray for NHilton DATE 03/26/09 03/26/09 OFFICIAL RECORD COPY PRELIMINARY INFORMATION - NOT 2 FOR PUBLIC DISCLOSURE UNTIL VERIFICATION THAT LICENSEE HAS RECEIVED ACTION