ML13336A547
| ML13336A547 | |
| Person / Time | |
|---|---|
| Site: | Summer  |
| Issue date: | 03/05/2014 |
| From: | David Furst, Nick Hilton NRC/OE |
| To: | |
| Furst D | |
| Shared Package | |
| ML13336A423 | List: |
| References | |
| EA-12-140, IA-12-045 EN-13-042 | |
| Download: ML13336A547 (3) | |
Text
March 5, 2014 EN-13-042 OFFICE OF ENFORCEMENT NOTIFICATION OF SIGNIFICANT ENFORCEMENT ACTION Licensee: South Carolina Electric & Gas Company EA-12-140 Virgil C. Summer Nuclear Station Docket No. 50-395 Individual: Mr. Michael P. Cooley, former Environmental Health IA-12-045 and Safety Specialist, Shaw, Stone & Webster (Shaw)
Subject:
ISSUANCE OF A CONFIRMATORY ORDER AND PROHIBITION ORDER This is to inform the Commission that a Confirmatory Order (CO) will be issued to South Carolina Electric & Gas Company (SCE&G) and a Prohibition Order will be issued to Mr.
Michael P. Cooley on or about March 10, 2014. The CO will confirm commitments reached as part of an alternative dispute resolution (ADR) mediation settlement agreement between SCE&G and the Nuclear Regulatory Commission (NRC). The Prohibition Order will prohibit Mr.
Cooley from engaging in NRC-licensed activities for a period of 5 years. Further, this Order requires Mr. Cooley to notify the NRC of his involvement in NRC licensed activities for a period of 1 year following the prohibition period.
An investigation was completed by the NRC Office of Investigations on January 16, 2013, to determine if (1) the facts and circumstances surrounding the actions of Mr. Cooley who, in approximately September of 2010, falsified a Summer Nuclear Station (SNS) Personnel History Questionnaire (PHQ) and provided a fictitious court record to deliberately conceal potentially disqualifying criminal history information in order to obtain employment at the site, and (2) whether SNS access officials properly adjudicated potentially disqualifying information in this individuals PHQ, and supporting materials, prior to granting him unescorted access authorization (UAA) during the September 2010 time frame.
Two violations were identified. The first involved the willful actions of the licensees access authorization staff, which caused the licensees access authorization program to fail to provide high assurance that individuals granted unescorted access are trustworthy and reliable, such that they do not constitute an unreasonable risk to public health and safety, as required by 10 CFR 73.56(c). Specifically, on September 14, 2010, licensee access authorization reviewing officials reviewed, adjudicated, and granted Mr. Cooley unescorted access authorization by relying unreasonably on a falsified PHQ and fabricated court record to determine his trustworthiness and reliability. The second violation involved the willful failure to comply with the requirements of 10 CFR 50.9(a) which, in part, state that information required by statute or Commission regulations to be maintained shall be complete and accurate in all material respects. In part, 10 CFR 73.56(o)(2)(i) requires the licensee to retain records of information that must be collected under subparts (d) and (e) of 10 CFR 73.56 that result in the granting of unescorted access for at least 5 years after the licensee terminates, or denies, an individuals unescorted access or unescorted access authorization.
2 On September 14, 2010, the licensee collected and maintained a criminal history record to support the granting of unescorted access that was inaccurate and incomplete in a material respect. Specifically, a fabricated court document was accepted by the licensee to reflect a favorable disposition of a criminal matter (i.e., dismissal of arson charges) that, in fact, was not favorably resolved.
As part of the ADR settlement agreement, and as discussed in the CO, SCE&G agreed that the issues described above resulted in an individual inappropriately being granted unescorted access to SNS, which was inconsistent with the requirements of 10 CFR 73.56(c) and 10 CFR 50.9. SCE&G did not agree that the two violations were committed in willful disregard of requirements, and on this point, the NRC and SCE&G agreed to disagree. In response to the incident, SCE&G completed a number corrective actions and enhancements, and agreed to complete additional corrective actions and enhancements, as fully discussed in the CO. In consideration of the corrective actions and commitments outlined in the CO, the NRC agreed to fully mitigate a civil penalty and issue a Notice of Violation (NOV).
In regards to Mr. Cooley, an order prohibiting him from participating in NRC-licensed activities for a period of 5 years is being issued. Specifically, 10 CFR 73.56(d)(2), states, in part, that any individual who is applying for UAA shall disclose the personal history information that is required by the licensees access authorization program, including any information that may be necessary for the reviewing official to make a determination of the individuals trustworthiness and reliability. On August 26, 2010, while employed at SNS, Mr. Cooley submitted a signed PHQ to the access authorization staff as part of his application for UAA. Mr. Cooley deliberately failed to report an arrest for arson in the PHQ criminal history information section which was necessary for the access staff to consider in making determinations regarding his trustworthiness and reliability. In addition, he deliberately submitted information to the licensee that he knew to be incomplete or inaccurate, in violation of the requirements of 10 CFR 50.5(a)(2). Specifically, in response to a request by access authorization staff for documentation to support his assertion that arson charges against him had been dismissed, he submitted a forged document dated September 14, 2010, that purported to reflect the dismissal of those charges by a Mississippi county court. At the time he submitted this document, the arson charges against him were pending.
During a telephone conversation with NRC representatives on June 14, 2013, Mr. Cooley stated that he did not intend to provide a written response or request a Predecisional Enforcement Conference or ADR.
It should be noted SCE&G and Mr. Cooley will be informed of the issuance of the Orders on or about the following dates:
Mailing of Notice March 10, 2014 Telephone Notification of licensee and Individual March 10, 2014 The State of South Carolina will be notified.
CONTACTS: David Furst, OE/EB Nick Hilton, OE (301) 415-7634 (301) 415-3055
3 DISTRIBUTION: EN-13-042, March 5, 2014 OWFN OWFN TWFN Regional Offices Chairman Macfarlane EDO OCFO RI RII Comm. Svinicki DEDR OIS RIII RIV Comm. Apostolakis DEDMRS RES Comm. Magwood OE ACRS Comm. Ostendorff OGC FSME MAIL SECY NRR NRO OE staff OCA OI OPA OIG 3WFN OIP NMSS NSIR OP CENTER DISTRIBUTION:
Public RZimmerman, OE NHilton, OE DFurst, OE MLayton, NSIR SCoker, NSIR OE r/f EN Binder ADAMS Accession Number: ML13336A547 OFFICE OE:ES OE:BC NAME DFurst NHilton DATE 3/5/14 3/ 5 /14 OFFICIAL RECORD COPY