ML17180A706
| ML17180A706 | |
| Person / Time | |
|---|---|
| Site: | Dresden  |
| Issue date: | 04/21/1994 |
| From: | Milhoan J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML17180A705 | List: |
| References | |
| IA-94-008, IA-94-8, NUDOCS 9404270332 | |
| Download: ML17180A706 (11) | |
Text
In the Matter of Sean G. Miller UNITED STATES NUCLEAR REGULATORY COMMISSION Coal City, Illinois
)
)
)
ORDER PROHIBITING INVOLVEMENT IN NRC-LICENSED ACTIVITIES (EFFECTIVE IMMEDIATELY)
I IA 94-008 Mr. Sean G. Miller.was formerly employed by the Commonwealth Edison Company (CECo) from June 18, 1990, until he resigned his employment on December 2, 1992.
He most recently held the position of Qualified Nuclear Engineer (QNE) with responsibilities involving compliance with NRC requirements for the.operation of a nuclear power plant.
CECo holds Facility Licenses DPR-19 and DPR-25 issued by the Nuclear Regulatory Commission.(NRC or Commission) pursuant to 10 CFR Part 50.
The licenses authorize CECo to operate the Dresden Nuclear Station Units 2 and 3 located near Morris, Illinois.
The licenses were issued by the NRC on December 22, 1969, and March 2, 1971, respectively.
II on November 24, 1992, CECo notified the NRC that CECo senior managers had just become aware of an incident that, had occurred on September 18, 1992, when Unit 2 was operating at 75% power.
A Nuclear Station Operator (NSO), a licensed reactor operator, had incorrectly moved control rod H-1 while rep~sitioning control rods to change localized power levels within the reactor core,
'9404270332 940421 ;-
- PDR ADOCK ': 05()()023~*.,
. g..
- PDf! Lt _ _,,
, -..., --- ~-- -
2 -
and the event was concealed from CECo management.
Both CECo and NRC initiated an investigation of the incident.
On September 18, 1992, the NSO, a licensed operator, erroneously moved contro~ rod H-1 from Position 48 (fully withdrawn) to Position 36.
The NSO and two individuals in training to become nuclear engineers were in the control room when Mr. Miller, the QNE on duty and an unlicensed individual, recognized the NSO's error.
Mr. Miller informed the NSO of the error, the NSO continued to move control rods at Mr. Miller's direction, without the knowledge or approval of the Station Control Room Engineer (SCRE), and then Mr. Miller informed the SCRE of the event.
Later the SCRE spoke with Mr. Miller, the NSO and the two nuclear engineers in training and they all agreed that they would not discuss the incident with anyone else.
As a res.ult, neither the mispositioned rod nor the subsequent deviation from the planned control rod pattern were documented in the control room log, Mr. Miller falsified a Form 14-14C plant record, and CECO management was not informed of the incident.
Dresden Technical Specification 6.2.A.1 stated that applicable procedures recommended in Appendix A of Regulatory Guide 1.33, Revision 2 dated February 1978, shall be established, implemented, and maintained.
Regulatory Guide 1.33, Appendix A.1.c, included administrative procedures, general plant
3 -
operating procedures, and procedures for startup, operation, and shutdown of safety related systems.
Dresden Operating Abnormal Pr.ocedure {DOA) 300-12, "Mispositioned Control Rod", Revision 2, November 1991, Section C.2, required, in part, that if a control rod is moved more than one even notch from its in-sequence position, then all control rod movement must be discontinued.
Section D.2.a.(1) required, in part, that if a single control rod is inserted more than one even notch from its in-sequence position and reactor power is greater than 20%, and if the mispositioning occurred within the last 10 minutes, then the mispositioned control rod must be continuously inserted to Position 00.
Section D.6 required that an *upper mangement representative will con.duct an evaluation into the cause of the mispositioning and implement immediate corrective actions prior to the resumption of routine control rod movements.
These procedures were not followed.
Specifically, the NSO failed to insert the mispositioned control rod to Position oo, and continued to move control rods solely at the direction of Mr. Miller and without the performance of an evaluation and
- corrective actions by an µpper management representative.
Dresden Administrative Procedure (OAP) 14-14, "Control Rod Sequences," Revision o, dated November 1991, section F.1.e, required that Form 14-14C, "Special Instructions", must provide
4 -
instructions which should be clearly stated and strictly adhered to and required that the instructions be*approved by the QNE (in this case, Mr. Miller) and an operations shift supervisor.
However, on September 18, 1992, following the mispositioning of control rod H-1, control rod arrays 802 and 5 were moved at Mr. Miller's direction and without the completion of a Special Instruction Form 14-14C clearly stating the sequence, and without prior approval of Mr. Miller's instructions by an operations shift supervisor.
By directing the continued movement of control rods without the approval of a licensed operator, Mr. Miller, who is not a licensed operator, violated 10 CFR 55.3.
Furthermore, after these rods had been moved, Mr.- Miller knowingly completed a Form 14-14C to indicate a different sequence of control rod movements than that which actually occurred.
The effect of this inaccurate Form 14-14C was to conceal the mispositioning of control rod H-1 and the subsequent movement of control rods in violation of plant procedures.
Based on the NRC Off ice of Investigations (OI) investigation of this*matter (OI Report No.* 3-92-055R), I conclude that Mr.
- Miller, along with certain other CECo employees, deliberately attempted to conceal the mispositioned control rod event by failing to document the incident as required by plant procedures.
By falsifying the Form 14-14C, Mr. Miller deliberately put CECo
5 -
in violation of Dresden Technical Specification 6.2.A.1, OAP 14-14, Section F.1.e.,.and 10 CFR 50.9, "Completeness and Accuracy of Information".
III
- Based on the above, Mr. Miller, an employee of CECo at the time of the event, engaged in deliberate misconduct which caused CECo to be in violation of its license conditions and 10 CFR 50.9, and which constitutes a violation of 10 CFR 50.5 and 10 CFR 55.3.
The NRC must be able to rely on its license.es and their employees to comply with ~RC requirements, including the requirement*to
~aintain records that are complete and accurate in all material respects.
Mr. Miller's action in causing CECo to violate its license conditions and 10 CFR 50.9 have raised serious doubt as to whether he can be relied upon to comply with NRC requirements, including the requirements to maintain compl;~te and ad:urate records.
Mr. Miller's deliberate misconduct that caused CECo to violate Commission requirements cannot and will not be tolerated.
Consequently, I lack the requi*site reasonable assurance that licensed activities can be conducted in compliance with.the Commission's requirements and that the health and safety of the public will be protected, if Mr. Miller were permitted at this time to be engaged in the performance of NRC-licensed and
6 -
regulated activities.
Therefore, the public health, safety and interest require that Mr. Miller l;:>e prohibited from being involved in any NRC-licensed ~ctivities for three years from the date of this Order.
In addition, for the same period, Mr. Miller is required to give notice of this Order to any prospective employer engaged in NRC-licensed activities as described in Section IV, Paragraph B, below, from whom he seeks.employment in non-licensed activities to ensure that such employer is aware of Mr. Miller's previous history.
For five years from the date of this Order, Mr. Miller is also required to notify the NRC of his employment by any person engaged in NRC-licensed activities, as
. described in Section IV, Paragraph B,* below, so that appropriate inspections can be performed.
Further~ore, pursuant to 10 CFR 2.202, I find that the significance of the conduct described above is such that the public health, safety and interest require that this Order be immediately effective.
IV Accordingly, pursuant to sections 103, 161b, 161i, 1610, 182 and 186 of tbe Atomic Energy Act of 1954, as amended, and the Commission.'s regulations in 10 CFR 2.202 and ;LO CFR 50.5, IT IS HEREBY ORDERED, EFFECTIVE IMMEDIATELY, THAT:
7 -
A.
Mr. Miller is prohibited for three years from the date of this Order from engaging in activities licensed by the NRC.
B.
Should Mr. Miller seek employment in non-licensed activities with any person engaged in NRC-licensed activities for three years from the date of this Order, Mr.. Miller shall provide a.copy of this Order to such person at the time Mr~* Miller is soliciting or negotiating employment so that*the person is aware of the Order prior to making an employment decision.
For the purposes of this Orde.r, licensed activities include the activities of:
(1) an NRC licensee; (2) an Agreement State licensee conducting NRC-ticensed
.activities pursuant to 10.CFR 150.20; *and (3) an Agreement 'State licensee involved in the distribution of products that are subject to NRC jurisdiction.
- c.
For three years from the date of this Order, Mr. Miller shall provide notice to the Director, Office of Enforcement, u. s. Nuclear Regulatory Commission, Washington, DC 20555, of the name, address, and telephone number of the employer, within 72 hours8.333333e-4 days <br />0.02 hours <br />1.190476e-4 weeks <br />2.7396e-5 months <br /> of his acceptance of an employment offer involving non-licensed activities for an employer engaged in NRC-licensed activities described in Paragraph IV.B, above.
8 -
D.
After the three year prohibition has expired as described in Paragraphs IV.A and B above, Mr. Miller shall provide notice to the Director, Office of Enforcement, for acceptance of any employment in NRC-licensed activity for an additional two year period.
The Director, Office of Enforcement may, in writing, relax or rescind any of the above conditions upon demonstration by Mr.
Miller of good cause.
v In accordance with 10 CFR 2.202, Mr. Miller must, and any other person adversely affected by this Order may, submit an answer to this Order, and may request a hearing within 30 days of the date of this Order.. The answer may consent to this Order.
Unless the answer consents t6 thi~ Order, the answer shall, in writing and under oath or affirmation, specifically admit. or deny each allegation or charge made in.this Order and shall set *forth the matters of fact and law on which Mr. Miller or other person adversely affected relies and the reasons as to why the Order should not have been issued.
Any answe+ or request for a hearing shall be submitted to the Secretary, U. S. Nuclear Regulatory Commission, ATTN:
Chief, Docketing and Service Section, Washington, DC 20555.
Copies also shall be sent to the Director, Office of Enforcement, u. s. Nuclear Regulatory
I 9 -
Commission, Washington, DC 20555; to the Assistant General Counsel for Hearings and Enforcement at the same address; to the Regional Administrator, Region III, u. s. Nuclear Regulatory Commission, 801 Warrenville Road, Lisle, Illinois 60532-4351; and to Mr. Miller, if the.answer or hearing request is by a person
.other than Mr. Miller.
If a person other than Mr. Miller requests a hearing, that person shall set forth with particularity the manner in which his_ interest is adversely affected by this Order and shall address the criteria set forth in 10 CFR 2.714(d).
If a hearing is requested by Mr. Miller or a person whose interest is adversely affected, the Commission will issue an Order designating the time and place of any hear_ing.
If a hearing is held, the issue to be considered at.such hear~ng shall be whether this Order should be sustained.
Pursuant to 10 CFR 2.202(c) (2) (i), Mr. Miller, or any person adversely affected by this Order, may in addition to demanding a hearing, at the time that answer is filed or sooner,_ move the presiding officer to set aside the immediate effectiveness of the Order on the ground that the Order, including the need for immediate effectiveness, is not based on adequate evi~ence but on mere suspicion, unfounded allegations, or error.
i
- 10 -
In the absence of any request for a hearing, the provisions specified in Section IV above shall be final 20 days from the date of this Order without further order or proceedings.
AN ANSWER OR A REQUEST FOR A HEARING SHALL NOT STAY THE IMMEDIATE EFFECTIVENESS OF THIS ORDER.
FOR THE NUCLEAR REGULATORY COMMISSION
. L.71!~
m._.e"--slL.7'4L*. Milhoan eputy Executive birector for Nuclear Reactor Regulation, Regional Operations and Research Dated'at Rockville, Maryland this cil ~+day of April 1994
(
1.......
Mr. Sean G. Miller DISTRIBUTION PUBLIC SECY CA JTaylor, EDO JMilhoan, DEDR JLieberman, OE LChandler, OGC JGoldberg, OGC WRussell, NRR LReyes, NRR RGallo, NRR Enforcement Coordinators RI, RII, RIV, WCFO Resident Inspector Fingram, GPA/PA D Williams, OIG BHayes, OI EPawlik, OI:RIII EJordan, AEOD MRing, RIII BClayton, RIII PHiland, RIII MBies, RIII DFunk,
- RIII RRosano, OE Resident Inspector, Dresden Licensing Project Manager, NRR IA File DCS State of Illinois RAO:RIII SLO:RIII PAO:RIII IMS:RIII Doc Name:
G:\\OECASES\\IA94008.DR