ML14121A462
| ML14121A462 | |
| Person / Time | |
|---|---|
| Site: | Grand Gulf  |
| Issue date: | 05/14/2014 |
| From: | Zimmerman R NRC/OE |
| To: | Rich Smith - No Known Affiliation |
| Gulla G, OE/EB, 415-2872 | |
| Shared Package | |
| ML14121A386 | List: |
| References | |
| 4-2014-012 IA-13-059 | |
| Download: ML14121A462 (4) | |
Text
May 14, 2014 IA-13-059 Richard B. Smith
[HOME ADDRESS DELETED UNDER 10 CFR 2.390]
SUBJECT:
ORDER PROHIBITING INVOLVMENT IN NRC-LICENSED ACTIVITIES (NRC INVESTIGATION REPORT 4-2014-012)
Dear Mr. Smith:
The enclosed Order prohibits your involvement in any U.S. Nuclear Regulatory Commission (NRC) licensed activities for a period of five years, effective 30 days from the date of issuance of this Order. This Order is based on your having twice tested positive for an illegal substance during fitness-for-duty (FFD) tests while you held an NRC operators license at the Grand Gulf Nuclear Station (Grand Gulf or licensee) and the results of an NRC investigation.
During a random FFD test conducted on July 18, 2013, you tested positive for a cocaine metabolite. This is a violation of Title 10 of the Code of Federal Regulations (10 CFR) Section 55.53(d) and (j). Although this is a violation of regulatory requirements, Grand Gulf informed the NRC that they would reinstate you and allow you to perform licensed duties after the 14-day unfavorable termination of your unescorted access, as required by 10 CFR Part 26, contingent on you successfully completing a substance abuse treatment program and successfully passing medical evaluations. However, prior to allowing you to perform licensed duties, Grand Gulf received another positive FFD test result for a cocaine metabolite from a sample you provided on December 5, 2013. This second positive FFD test result again puts you in violation of 10 CFR 55.53(d) and (j). As a result, Grand Gulf requested that the NRC terminate your license, and as of December 11, 2013, your license has been terminated.
The purpose of the Commission's fitness-for-duty requirements is, in part, to provide reasonable assurance that persons are not under the influence of any substance which in any way adversely affects their ability to safely and competently perform licensed duties. The use of illegal drugs is a serious matter which undermines the trust and confidence placed in you as a licensed operator.
The NRCs Office of Investigations (OI) also initiated an investigation into your positive FFD test results. The investigation report (OI 4-2014-012) was issued on January 22, 2014, and substantiated that you deliberately used drugs while licensed as a senior reactor operator at Grand Gulf, which is a violation of the NRCs deliberate misconduct rule, 10 CFR 50.5.
Using the three contact numbers you provided to OI on January 22, 2014, the NRC Region IV staff attempted to contact you on several occasions between April 4 and April 17, 2014 to discuss this enforcement action. We are now providing you with an opportunity to request a Predecisional Enforcement Conference (PEC) before the Order becomes final.
If you request a PEC, the NRC may issue a press release to announce the time and date of the conference. However, the conference will be closed to public observation since information related to an OI report will be discussed and the report has not been made public. Please contact Ms. Rachel Browder at (817) 200-1121 within 10 days of the date of this letter to notify us of your intensions.
If you choose to request a PEC, the conference will afford you the opportunity to provide your perspective on the violation and any other information that you believe the NRC should take into consideration before taking this enforcement action against you. You may choose to bring a personal representative to a PEC. If you desire to bring more than one representative, you should notify Ms. Browder at the time you request a PEC. If you do not contact us regarding your participation in a PEC within 10 days of the date of this letter, as specified above, and the NRC has not granted an extension of the contact time, then the enclosed Order will be final 30 days after its issuance.
Because of your two positive FFD test results, and your deliberate actions related to drug use activities, the NRC lacks the requisite reasonable assurance that you can perform licensed activities in compliance with the Commission's requirements and is issuing you this enclosed Prohibition Order. Barring any response from you, or demand for a hearing as described in Section V of this Order, the Order shall be final 30 days after its issuance. This action is necessary to provide the NRC with reasonable assurance that the protection of public health and safety will not be compromised by your involvement in NRC-licensed activities. In the future, if you reapply for an operator license, you will need to satisfy not only the requirements of 10 CFR 55.31, but also those of 10 CFR 2.201. This can be accomplished by addressing the reasons for the violations and the actions you have taken to prevent recurrence in order to ensure your ability and willingness to maintain the trust and confidence placed in you as a licensed operator and to abide by FFD and other license requirements and conditions.
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 a civil monetary penalty.
Since you no longer hold an NRC license, you are not required to respond to this Order unless you contest the violation. You may respond if you have additional information that you believe the NRC should consider. The NRC will use your response, in part, to evaluate the appropriateness of the enforcement action as well as whether further enforcement action is necessary to ensure compliance with regulatory requirements. 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/about-nrc/regulatory/enforcement.html In accordance with 10 CFR 2.390 of the NRC's "Rules of Practice," a copy of this letter and its enclosure will be made available electronically for public inspection in the NRCs Public Document Room or from the NRCs Agencywide Documents Access and Management System (ADAMS), accessible from the NRCs Web site at http://www.nrc.gov/reading-rm/adams.html.
Because this letter references and encloses information related to an enforcement action against an individual, this letter and its enclosures 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 NRCs Web site at http://www.nrc.gov/reading-rm/foia/privacy-systems.html.
Questions concerning this Order should be addressed to Gerry Gulla of my staff, who can be reached at (301) 415-2872.
Sincerely,
/RA/
Roy P. Zimmerman, Director Office of Enforcement
Enclosure:
- 1. Order Prohibiting Involvement in NRC-Licensed Activities
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