ML17059B794
| ML17059B794 | |
| Person / Time | |
|---|---|
| Site: | Nine Mile Point  |
| Issue date: | 12/12/1997 |
| From: | Hehl C NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I) |
| To: | Sylvia B NIAGARA MOHAWK POWER CORP. |
| References | |
| EA-97-185, NUDOCS 9712240355 | |
| Download: ML17059B794 (16) | |
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CATEGORY 2y REGULATORY INFORMATION DISTRIBUTION SYSTEM (RIDS)
ACCESSION NBR:9712240355 DOC.DATE: 97/12/12 NOTARIZED: NO DOCKET ¹ FACIL:50-220 Nine Mile Point Nuclear Station, Unit 1, Niagara Powe 05000220 50-410 Nine Mile Point Nuclear Station, Unit 2, Niagara Moha 05000410 AUTH.NAME AUTHOR AFFILIATION HEHL,C.W.
Region 1 (Post 820201)
RECIP.NAME RECIPIENT AFFILIATION SYLVIA,B.R.
Niagara Mohawk Power Corp.
SUBJECT:
Discusses investigation by NRC Region I,initiated on 960513, re Nine Mile Point. Purpose was to determine who altered FFD computer code. Forwards synopsis of OI rept 1-96-015.
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TITLE: Fitness for Duty Program Inspection Report NOTES:
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December 12, 1997 EA 97-185 Mr. B. Ralph Sylvia Executive Vice President and Chief Nuclear Officer Niagara Mohawk Power Corporation Nuclear Learning Center 450 Lake Road Oswego, NY 13126
SUBJECT:
NRC OFFICE OF INVESTIGATIONSREPORT NO. 1-96-015-NINE MILE POINT NUCLEAR STATION: WRONGDOING INVOLVINGTHE COMPUTER PROGRAM ASSOCIATED WITH FITNESS-FOR-DUTY
Dear Mr. Sylvia:
This refers to the investigation by the NRC Region I Office of Investigations (Ol),
initiated'n May 13, 1996, regarding the Nine Mile Point facility. The purpose of the investigation was to determine who altered the Fitness-For-Duty (FFD) computer code which enabled certain individuals to be excluded from the random testing program at Nine Mile Point. A synopsis of Ol Report No. 1-96-015 is enclosed.
Based on the evidence developed during the investigation and review of evidence in the Niagara Mohawk Power Corporation's (NMPC) investigative report, issued on August 29, 1996 and forwarded to Ol on September 10, 1996, Ol concluded that two contractor computer programmers intentionally altered the FFD computer program to ensure that certain individuals (including themselves) would be excluded from random FFD screening.
This is an apparent violation of Title 10 Code of Federal Regulations (CFR) Section 26.24, which requires that individuals be tested in a statistically random and unpredictable manner. This apparent violation is being considered for escalated enforcement action in accordance with the "General Statement of Policy and Procedure for NRC Enforcement Actions" (Enforcement Policy), NUREG-1600.
Ol noted in the details of their report that it found the testimony and other evidence in the licensee's exhibits to be consistent with the conclusions in the NMPC investigative report and agreed that the two programmers acted willfullyin altering the FFD program to ensure their names would not be identified in any drug screening.
Based on NRC's understanding of the corrective actions taken, which concluded correcting the FFD computer program and terminating the individuals involved, it may not be necessary to conduct a predecisional enforcement conference in order to enable the NRC to make an enforcement decision.
However, a Notice of Violation is not presently being issued for these inspection findings.
Before the NRC makes its enforcement decision, we are providing you an opportunity to either (1) respond to the apparent violation within 30 days of the date of this letter or (2) request a predecisional enforcement conference.
Please contact llllllllllllllllllllllllllllllllllllll
'P7i2240355 97i212 PDR ADQCK 05000220 8
PDR OFFICIAL RECORD COPY CEJA
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B. Ralph Sylvia Mr. Lawrence T. Doerflein at 610-337-5378within 7 days of the date of this letter to notify the NRC of your intended response.
If you decide to provide a written response, your response should be clearly marked as a "Response to An Apparent Violation in Office of Investigations Report No.1-96-015" and should include for the apparent violation: (1) the reason for the apparent violation, or, if contested, the basis for disputing the apparent violation, (2) the corrective steps that have been taken and the results achieved, (3) the corrective steps that will be taken to avoid further violations, and (4) the date when full compliance will be achieved.
Your response should be submitted under oath or affirmation and may reference or include previous docketed correspondence, if the correspondence adequately addresses the required response.
If an adequate response is not received within the time specified or an extension of time has not been granted by the NRC, the NRC willproceed with its enforcement decision or schedule a predecisional enforcement conference.
In addition, please be advised that the number and characterization of apparent violations may change as a result of further NRC review. You will be advised by separate correspondence of the results of our deliberations on this matter.
In accordance with 10 CFR 2.790 of the NRC's "Rules of Practice,"
a copy of this letter, its enclosure, and your response (if you choose to provide one) willbe placed in the NRC Public Document Room (PDR). To the extent possible, your response should not include any personal privacy, proprietary, or safeguards information so that it can be placed in the PDR without redaction.
Sincerely, Original Signed by:
R. V. Crlenjak for Charles W. Hehl, Director Division of Reactor Projects Docket No. 50-220/50-410 License No. DPR-63/NPF-69
Enclosure:
Synopsis of Office of Investigations Report No.1-96-015, Nine Mile Point Nuclear Station: Wrongdoing Involving the Computer Program Associated With Fitness-For-Duty
B. Ralph Sylvia cc w/enclosure:
R. Abbott, Vice President 5 General Manager - Nuclear C. Terry, Vice President-Safety Assessment and Support J. Conway, Vice President - Nuclear Engineering K. Dahlberg, Vice President - Nuclear Operations D. Wolniak, Manager, Licensing J. Warden, New York Consumer Protection Branch G. Wilson, Senior Attorney M. Wetterhahn, Winston and Strawn J. Rettberg, New York State Electric and Gas Corporation P. Eddy, Director, Electric Division, Department of Public Service, State of New York C. Donaldson, Esquire, Assistant Attorney General, New York Department J. Vinquist, MATS, Inc.
F. Valentino, President, New York State Energy Research and Development Authority J. Spath, Program Director, New York State Energy Research and Development Authority of Law
Distribution w/encl:
H. Miller, RA/W. Axelson, DRA (1)
Region I Docket Room (with concurrences)
Nuclear Safety Information Center (NSIC)
PUBLIC NRC Resident Inspector L. Doerflein, DRP R. Junod, DRP Distribution w/encl: (VIAE-MAIL)
M. Leach, RI EDO Coordinator R. Zimmerman, ADPR, NRR J, Goldberg, OGC J. Lieberman, OE (OENIAIL)
D. Holody, EO, RI T. Walker, SES, Rl B. Letts, Ol B. Norris - Nine Mile Point S. Bajwa, NRR D. Hood, NRR M. Campion, Rl Inspection Program Branch (IPAS)
DOCDESK DOCUMENT NAME: G:iBRANCH1iCHOICE.NMP "See previous concurrences To receive a copy of this document, indicate in the box: "C" = Copy without attachment/enclosure Copy with attachment/enclosure "N" = No copy OFFICE
% RI/DRP RI/DRP "Rl/DRPggg "Rl/Ol NAME LDoerflein DATE 12/
/97 CHehl 12/ g3 DHolody 12/
/97 OFFICIAL RECORD COPY BLetts 12/
/97
B, Ralph Sylvia Distribution w/encl:
H. Miller, RA/W. Axelson, DRA (1)
Region I Docket Room (with concurrences)
Nuclear Safety Information Center (NSIC)
PUBLIC NRC Resident Inspector L. Doerflein, DRP T. Moslak, DRP R. Junod, DRP Distribution w/encl: (VIAE-NAIL)
M. Leach, RI EDO Coordinator R. Zimmerman, ADPR, NRR J. Goldberg, OGC J. Lieberman, OE (OEMAIL)
D. Holody, EO, Rl T. Walker, SES, RI B. Letts, Ol B. Norris - Nine Mile Point S. Bajwa, NRR D. Hood, NRR M. Campion, Rl Inspection Program Branch (IPAS)
DOCDESK DOCUMENT NAME: G:iBRANCH1iCHOICE.NMP "See previous concurrences To receive a copy of this document, indicate in the box: "C" = Copy without attachment/enclosure Copy with attachment/enclosure "N" = No copy OFFICE "RI/DRP NAME LDoerflein DATE 1 2/
/97 RI/DRP CHehl 12/
/97 RI/
DHolo 12/
OFFICIAL RECO D
0 Y "RI/OI BLetts 12/// /97
B. Ralph Sylvia Distribution w/encl:
H. Miller, RA/W. Axelson, DRA (1)
Region I Docket Room (with concurrences)
Nuclear Safety Information Center (NSIC)
PUBLIC NRC Resident Inspector L. Doerflein, DRP T. Moslak, DRP R. Junod, DRP Distribution w/encl: (VIAE-IVIAIL)
M. Leach, Rl EDO Coordinator R. Zimmerman, ADPR, NRR J. Goldberg, OGC J. Lieberman, OE (OEMAIL)
D. Holody, EO, Rl T. Walker, SES, Rl B. Norris - Nine Mile Point S. Bajwa, NRR D. Hood, NRR M. Campion, Rl Inspection Program Branch (IPAS)
DOCDESK DOCUMENT NAME: 6:iBRANCH1iCHOICE.NMP To receive a copy of this document,indicate in the box: "C" = Copy withoutattachment/enclosure "E" =
Copy with attachment/enclosure "N" = No copy OFFICE RI/DRP NAME LDoerflein DATE 1 2/j I /97 RI/DRP CHehl 1 2/
/97 Rl/DRP&
DHolody 12/
/97 OFFICIAL RECORD COPY RI/OI BLetts 12/li /97
ENCLOSURE SYNOPSIS On Hay 13,
- 1996, an investigation was initiated by the NRC's Office of Investigations, Region I, to determine who altered the Niagara Hohawk Power Corporation's (NHPC) Fitness for Duty (FFD) computer program, enabling certain individuals to be excluded from the NHPC's random drug testing at the Nine Hile Point Nuclear Station,
- Lycoming, NY.
Based on the evidence developed during the investigation and review of evidence in the licensee's investigative report, it is concluded that two computer programmers intentionally altered the NHPC FFD computer program to ensure that certain individuals would be excluded from random'FD screening.
FOR IC D L
FIE OF ICE IRE OR OFFIC OF N
Case No. 1-96-015 ONS,