ML12104A174
| ML12104A174 | |
| Person / Time | |
|---|---|
| Site: | Prairie Island  |
| Issue date: | 04/12/2012 |
| From: | Pederson C Region 3 Administrator |
| To: | Barnes J - No Known Affiliation |
| References | |
| IA-12-003, 3-2011-004 | |
| Download: ML12104A174 (6) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION Region III 2443 Warrenville Road, Suite 210 Lisle IL 60532-4352 April 12, 2012 IA-12-003 Mr. Jay T. Barnes
[HOME ADDRESS DELETED UNDER 10 CFR 2.390(A)]
SUBJECT:
NOTICE OF VIOLATION; NRC INVESTIGATION REPORT NO. 3-2011-004
Dear Mr. Barnes:
This letter refers to an investigation completed on August 22, 2011, by the U.S. Nuclear Regulatory Commission's (NRC) Office of Investigations (OI) regarding an event that occurred while you were working as a security shift supervisor at the Prairie Island Nuclear Generating Plant (Prairie Island). The purpose of the OI investigation was to determine whether you willfully violated NRC fitness for duty requirements, specified in Title 10 of the Code of Federal Regulations (10 CFR) Part 26, by attempting to subvert a fitness for duty test.
On January 19, 2012, the NRC issued a letter informing you of the results of the investigation.
In that letter, we provided you the opportunity to address the apparent violation by providing a written response, by attending a predecisional enforcement conference (PEC) or by participating in an alternative dispute resolution (ADR) session, before we made our final enforcement decision. The NRC also made multiple attempts to reach you by telephone. Since you did not respond in writing or request either a PEC or ADR, the NRC is proceeding with its enforcement action based on the results of the OI investigation.
Based on the information developed during the investigation, the NRC has determined that a deliberate violation of NRC requirements occurred. The violation is cited in the enclosed Notice of Violation (Notice) (Enclosure 1). The violation occurred when you deliberately substituted a urine sample that was not your own, collected at the time of the testing. The NRC expects that individuals in the security organization hold themselves to the highest fitness for duty standards and lead others by their example in ensuring safety and compliance with NRC requirements.
Your deliberate actions violated 10 CFR 50.5(a)(2), which prohibits employees from deliberately submitting to a licensee information that the person knows to be incomplete or inaccurate in some respect material to the NRC. Given the deliberate nature of your actions and your position within the organization (security shift supervisor), this violation has been categorized in accordance with the NRC Enforcement Policy as a Severity Level III. The NRC considered the fact that Xcel Energy, the parent company for Prairie Island, implemented the sanctions required by 10 CFR 26.75(b) for an individual who subverts or attempts to subvert the fitness for duty testing process. These sanctions included immediately terminating your access authorization to Prairie Island and permanently denying you access authorization thereafter.
J. Barnes Because your access authorization has been permanently denied in accordance with the requirements of 10 CFR 26.75(b), you are not required to respond to the Notice unless you contest the violation. If you desire to contest the violation, a response is required within 30 days of the date of this letter addressing the specific basis for disputing the violation. This response should be sent to the U.S. Nuclear Regulatory Commission, ATTN: Cynthia D. Pederson, Acting Regional Administrator, Region III, 2443 Warrenville Road, Suite 210, Lisle, IL 60532 and marked, Open by Addressee Only - Response to a Notice of Violation, IA-12-003 with a copy to Roy P. Zimmerman, Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
In accordance with 10 CFR 2.390 of the NRCs Rules of Practice, a copy of this letter, with your home address removed, its enclosure, and your response, if you choose to provide one, will be made available electronically for public inspection from the NRCs Agencywide Document Access and Management 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, Enforcement 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.
If you have any questions concerning this matter, please contact Mr. Steven Orth at (630) 810-4373.
Sincerely,
/RA/
Cynthia D. Pederson Acting Regional Administrator
Enclosure:
As Stated
J. Barnes Because your access authorization has been permanently denied in accordance with the requirements of 10 CFR 26.75(b), you are not required to respond to the Notice unless you contest the violation. If you desire to contest the violation, a response is required within 30 days of the date of this letter addressing the specific basis for disputing the violation. This response should be sent to the U.S. Nuclear Regulatory Commission, ATTN: Cynthia D. Pederson, Acting Regional Administrator, Region III, 2443 Warrenville Road, Suite 210, Lisle, IL 60532 and marked, Open by Addressee Only - Response to a Notice of Violation, IA-12-003 with a copy to Roy P. Zimmerman, Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
In accordance with 10 CFR 2.390 of the NRCs Rules of Practice, a copy of this letter, with your home address removed, its enclosure, and your response, if you choose to provide one, will be made available electronically for public inspection from the NRCs Agencywide Document Access and Management 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, Enforcement 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.
If you have any questions concerning this matter, please contact Mr. Steven Orth at (630) 810-4373.
Sincerely,
/RA/
Cynthia D. Pederson Acting Regional Administrator
Enclosure:
As Stated DISTRIBUTION:
See next page
- See prior concurrences DOCUMENT NAME: G:\ORAIII\EICS\ENFORCEMENT\Enforcement Cases 2012\IA-12-003 Prairie Island Security Individual\IA 003 Final Letter and NOV.docx OFFICE RIII RIII RIII RIII RIII 1
NAME Lougheed Kutlesa Skokowski Reynolds Heck (non-concur)
DATE 03/06/12 03/14/12 03/20/12 03/21/12 03/23/12 OFFICE D:OGC D:OE D: NSIR RIII RIII NAME Simon for Campbell for Holahan for Orth Pederson 2 3 4 Scott Zimmerman Wiggins DATE 03/30/12 03/30/12 03/30/12 04/05/12 04/12/12 OFFICIAL RECORD COPY 1
R. Skokowski concurrence received via email from R. Skokowski on March 20, 2012 2
OGC No Legal Objection received via e-mail from M. Simon on March 30, 2012 3
OE concurrence received via e-mail from L. Casey on March 30, 2012.
4 NSIR concurrence received via e-mail from N. Simonian on March 30, 2012
Letter to Jay T. Barnes from Cynthia D. Pederson dated April 12, 2012
SUBJECT:
NOTICE OF VIOLATION; NRC INVESTIGATION REPORT NO. 3-2011-004 DISTRIBUTION:
T. Campbell, OE J. Kutlesa, RIII L. Casey, OE R. Goetz, RIII:OI D. Furst, OE N. Hane, RIII:OI M. Simon, OGC S. Orth, RIII M.A. Ashley, NRR P. Lougheed, RIII S. Coker, NSIR P. Pelke, RIII C. Casto, RIII J. Heller, RIII C. Pederson, RIII M. Gryglak, RIII J. Uhle, RIII OEMAIL S. Reynolds, RIII OEWEB R. Skokowski, RIII
NOTICE OF VIOLATION Jay T. Barnes
[HOME ADDRESS DELETED UNDER 10 CFR 2.390] IA-12-003 During an NRC investigation completed on August 22, 2011, a violation of NRC requirements was identified. In accordance with the NRC Enforcement Policy, the violation is listed below:
Title 10 of the Code of Federal Regulations (10 CFR) 50.5(a)(2) states, in part, that any employee of a licensee, who knowingly provides to any licensee services that relate to a licensee's activities in this part, may not deliberately submit to a licensee information that the person submitting the information knows to be incomplete or inaccurate in some respect material to the NRC.
Contrary to the above, on July 23, 2010, Mr. Jay T. Barnes deliberately submitted information to the licensee that he knew to be inaccurate in some respect material to the NRC. Specifically, Mr. Barnes deliberately submitted a urine sample to the licensee knowing that it was not his own taken at the time of the test. The accuracy of fitness-for-duty test results is material to the NRC.
This is a Severity Level III violation (Section 6.7).
The NRC has concluded that information regarding the reasons for the violation, and the corrective actions taken by the licensee, Prairie Island Nuclear Generating Plant, including terminating your employment, and the actions to prevent recurrence, including your name being placed on the denied access list by the licensee, is already adequately addressed in a letter from the NRC to you dated January 19, 2012, and in NRC Investigation Report No. 3-2011-004.
Therefore, you are not required to submit a written statement or explanation pursuant to 10 CFR 2.201 unless the description in the above referenced letter and report does not accurately reflect your position. In that case, or if you otherwise choose to respond, you should clearly title your response as a Reply to a Notice of Violation, IA-12-003 and send it to the U.S.
Nuclear Regulatory Commission, ATTN: Cynthia D. Pederson, Acting Regional Administrator, Region III, 2443 Warrenville Road, Suite 210, Lisle, IL 60532, in an envelope marked, Open by Addressee Only - Response to a Notice of Violation, IA-12-003, within 30 days of the date of the letter transmitting this Notice of Violation (Notice).
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, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001 within 30 days of the date of the letter transmitting this Notice.
Enclosure
Notice of Violation If you choose to respond, your response will be made available electronically for public inspection from the NRCs Agencywide Documents Access and Management System (ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html.
Therefore, to the extent possible, the 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 the response that identifies the information that should be protected and a redacted copy of the 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).
This Notice, along with its accompanying cover letter, will be made available electronically for public inspection from the NRCs Agencywide Document Access and Management System (ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html, unless you provide a sufficient basis to withdraw the Notice within the 30 days specified above for response. 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 Notice will be maintained by the Office of Enforcement in an NRC Privacy Act system of records, NRC-3, Enforcement 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 12 day of April 2012.
Enclosure