ML17059C070
| ML17059C070 | |
| Person / Time | |
|---|---|
| Site: | Nine Mile Point  |
| Issue date: | 04/28/1998 |
| From: | Lieberman J, Reis T NRC OFFICE OF ENFORCEMENT (OE) |
| To: | |
| References | |
| EN-98-034, EN-98-34, IA-98-001, IA-98-002, IA-98-1, IA-98-2, NUDOCS 9806090169 | |
| Download: ML17059C070 (6) | |
Text
CATEGORY 1y REG RY INFORMATION DISTRIBUTION SYSTEM (RIDS)
ACCESSION NBRs9806090169 DOC.DATE: 98/04/28 NOTARIZED: NO DOCKET 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.NABLE AUTHOR AFFXLIATION RE1S,T.
Ofc of Enforcement (Post 870413)
LIEBERMAN,J.
Ofc of Enforcement (Post 870413)
RECIP.NAME RECIPIENT AFFXLIATION
SUBJECT:
EN-98-034:on 980428,notice of orders prohibiting involvement in NRC-licensed activities (effective immediately) issued to AM Nardslico
{E TC Johnson. Actions based on NRC investigation concluded. Nardslico
&. Johnson violated 10CFR50.5(a) (1).
DISTRIBUTXON CODE:
XE33F COPIES RECEIVED:LTR D ENCL I
SIZE:
TITLE: Enforcement Notice (EN)
A NOTES:
RECIPIENT ID CODE/NAME COPIES LTTR ENCL RECIPIENT XD CODE/NAME COPXES LTTR ENCL 0
INTERNALt AEOD/SPD/RRAB NRR/DRPM/PERB OE DIR CENT NUDOCS FULL TXT OE FXLE 01 1
1 1
EXTERNAL: LITCO BRYCE,J H NRC PDR NOAC D
N NOTE TO ALL "RIDS" RECIPIENTS:
PLEASE HELP US TO REDUCE WASTE. TO HAVE YOUR NAME OR ORGANIZATIONREMOVED FROM DISTRZBUTZON LISTS OR REDUCE THE NUMBER OF COPZES RECEIVED BY YOU OR YOUR ORGANIZATIONS CONTACT THE DOCUMENT CONTROL DESK
{DCD)
ON EXTENSION 415-2083 TOTAL NDNBER OF COPIES REQUIRED:
LTTR O'NCL 9
April28, 1998 EN 98-034 IZgyjdgal:
Albert M. Nardslico (IA98-001)
Thomas C. Johnson (IA98-002 L'Eamkgr.
Niagra Mohawk Power Corporation Nine Mile Point Docket Nos. 50-220 & 50%10 ORDERS PROHIBITING INVOLVEMENTIN NRC-LICENSED ACTIVITIES (EFFECTIVE IMMEDIATELY)TO INDIVIDUALS& EXERCISE OF ENFORCEMENT DISCRETION TO LICENSEE This is to inform the Commission that Orders Prohibiting involvement in NRC-Licensed Activities (Effective Immediately) willbe issued on or about April28, 1998, to Messrs.
Albert M.
Nardslico and Thomas C. Johnson.
The actions are based on an NRC investigation which concluded that Messrs.
Nardslico and Johnson violated 10 CFR 50.5(a)(1) by deliberately causing the licensee to violate 10 CFR Part 26 by their involvement in a scheme which altered the computer code intended to assure that individuals are selected for fitness-for-duty testing in a statistically random and unpredictable manner.
As a result of the intentional alteration, several individuals, including Mr. Nardsiico, required to be subject to random testing, were'xcluded from the population available for random testing. The Orders remove Messrs.
Nardslico and Johnson from engaging in NRC-licensed activities for a period of 5 years.
Additionally, for a period of three years after the five year period of prohibition has expired, Messrs.
Nardslico and Johnson are required to notify the NRC of their acceptance of each employment offer involving NRC-licensed activities.
It should be noted that the individuals have not been specifically informed of the enforcement action. The schedule of issuance and notification is:
Mailing of Notice April 28, 1998
'Telephone Notification of Individuals April28, 1998 The individuals have twenty days from the date of the Order in which to request a hearing.
This Enforcement Notification also serves to inform the Commission that the NRC willexercise discretion per VII.B.6of the Enforcement Policy on or about April28, 1998, and not issue a Notice of Violation or propose a civil penalty to Niagara Mohawk Power Corporation for the same violation of 10 CFR Part 26 in that the licensee identified this violation, aggressively investigated the cause and extent of condition, and implemented strong corrective actions.
Specifically the staff concluded that discretion under Section VII.B.6of the Enforcement Policy is warranted because:
(1) the corruption of the computer code was
'P806090i69'S0428 PDR XSE EN-'P8-034 PDR
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April28, 1998 EN 98-034 identified by the licensee after employees in its fitness-for-duty program identified an anomaly in a screen display of the daily list of individuals selected for random testing; (2) the licensee performed an extensive investigation to determine who was responsible for the manipulation of the code and to identify vulnerabilities in its software control; (3) the licensee took prompt and effective corrective actions which included: (a) termination of responsible contract employees; (b) termination of all contracts with the programmer's companies; (c) creation of a project management position with the responsibility for software configuration control and security; (d) communication of the significance of this event with the computer staff and reiterating expectations; and (e) conduct and independent review of the corrective actions by and outside consultant.
It should be noted that the licensee has not been specifically informed of the Exercise of Discretion. The schedule of issuance and notification is:
Mailing of Notice Telephone Notification of Licensee The State of New York willbe notified.
Qgniagfg, T. Reis, OE, 415-3281 April28, 1998 April28, 1998 J. Lieberman, OE, 415-2741 Diaidhttian OWFN Chairman Jackson Comm. Dicus Comm. Diaz Comm. McGaffigan SECY OCA PA IP lWFN OWFN EDO OC DEDE AEOD OE OP CTR OGC NMSS NRR IRM OI OIG SP RES ACRS Regional Offices RI RIV Rll WCFO RIII mlhL NUDOCS PUBLIC PRELIMINARYINFORIIATION-NOT FOR PUBLIC DISCLOSURE UNTIL VERIFICATIONTHAT LICENSEE HAS RECEIVED ACTION
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