ML17187B227
| ML17187B227 | |
| Person / Time | |
|---|---|
| Site: | Dresden  |
| Issue date: | 10/24/1997 |
| From: | Beach A NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| To: | Hougas N AFFILIATION NOT ASSIGNED |
| References | |
| 3-97-020, 3-97-20, IA-97-080, IA-97-80, NUDOCS 9712300152 | |
| Download: ML17187B227 (5) | |
Text
e e
c,'-~p.R REc1;l.q UNITED STATES
/~~;
0 1'..._
NUCLEAR REGULATORY COMMISSION
~ f
~
REGION 111
~
~..
0
~
- * * * ~
801 WARRENVILLE ROAD
~
. ~"'
LISLE. ILLINOIS 60532-4351
"°?
~o IA 97-080 Mr. Nathan Hougas
[Home Address Deleted Pursuant to 10 CFR 2. 790]
October 24, 1997
SUBJECT:
PREDECISIONAL ENFORCEMENT CONFERENCE (NRC OFFICE OF INVESTIGATIONS REPORT No. 3-97-020)
Dear Mr. Hougas:
This letter is in reference to information provided to the NRC by the Commonwealth Edison Company (ComEd) that you allegedly falsified a security record, which is material to the NRC.
Specifically, it appears that on January 25, 1997, while on security patrol at ComEd's Dresden Nuclear Station, you intentionally unlocked a security padlock and reported, both verbally and in writing, that you had found the open padlock during your patrol. The NRC's Office of Investigations (01) reviewed the information provided by ComEd. (A copy of the Synopsis for the 01 report is enclosed.) Based on Ol's findings, the NRC staff concluded that you committed an apparent violation of the NRC'~ rules prohibiting deliberate misconduct.
The NRC believes that sufficient information is available for an enforcement de~ision to be made. However, before the NRC makes its enforcement decision, we are providing you an opportunity to either ( 1) respond to the apparent violation discussed above, under oath and affirmation, within 30 days of the date of this letter, or (2) request a predecisional enforcement conference within 7 days of the date of this letter.
If you choose to respond by letter or attend a predecisional enforcement conference, you are specifically invited to address the factors that the NRC normally eonsiders in determining whether enforcement action should be taken against individuals. These factors are described in Section VIII, "Enforcement Actions Involving Individuals," of the enclosed copy of the "General Statement of Policy and Procedures for NRC Enforcement Actions," NUREG-1600 (copy enclosed). In addition to responding to these factors, should you admit the violation, the NRC
' j requests that you address in your written response, or present in a predecisional enforcement conference, how the NRC can be confident (1) of.your future trustworthiness while engaged in licensed nuclear activities, and (2) you will abide by regulations and procedures pertinent to your work. You may additionally provide any information you deem relevant to the NRC in making an enforcement decision. If the NRC concludes that you deliberately caused or committed CERTIFIED MAIL RETURN RECEIPT REQUESTED 290015 9712300152 971024
~DR ADOCK 05000237 PDR 1111111111111111111111111111111111111111
- ll31E7*
violations of NRC requirements, the possible sanctions include a Notice of Violation, a civil penalty, 1 or an order. An order may prohibit involvement in NRC-licensed activities or require notice to a prospective employer that the person has been the subject of an NRC order.
You are not required to attend a conference and you are not required to provide a response to this letter. You should understand that if you d.o not respond to this letter or request an enforcement conference, the NRC will make an enforcement decision based on the NRC review of the information provided by ComEd.
Please be advised that if you choose an enforcement conference, it will be held at the Region Ill office and your cost of transportation to Region Ill must be borne by you. Also, you are welcome to have counsel or a personal representative accompany you to an enforcement conference or assist you in preparing your response if you should choose that option. However, the cost of any such counsel or personal representative and their transportation costs must likewise be borne by you.
You will be advised by separate correspondence of the results of our deliberations on this matter.
Should you have any questions about this letter, please contact Mr. Brent Clayton of my staff at toll free telephone number 1-800-522~3025.
The NRC will delay placing a copy of this letter and Enclosure 1 into the NRC Public Document Room (PDR) until an enforcement decision has been made. At that time, in accordance with 1 O CFR 2.790 of the NRC's "Rules of Practice," a copy of this letter, with your home address removed, and Enclosure 1 will be placed in the PDR.
Dockets No. 50-237; 50-249 Licenses No. DPR-19; DPR-25
Enclosures:
As stated cc with Enclosure 1 only:
Sincerely, t
f {!~
A.
ill Beach Re ional Administrator J. S. Perry, ComEd Site Vice President - Dresden A civil penalty is not normally imposed on unlicensed individuals. See Footnote 10 of the NRC Enforcement Policy.
- ~
N. Hougas DISTRIBUTION with Enclosure 1 only:
PUBLIC IE-01 SECY CA LCallan, EDO A Thadani, DEDE LChandler, OGC JGoldberg, OGC SCollins, NRR RZimmennan, NRR TMartin, AEOD Enforcement Coordinators RI, Rll and RIV Resident Inspector, Dresden Licensing Project Manager, NRR JGilliland, OPA HBell, OIG GCaputo, 01 RPaul, Ol:Rlll (01 No. 3-97-020)
JHopkins, Riii (AMS No. Rlll-1997-A-0029)
JCreed, Riii OE:ES OE:EA (2)
RAO:Rlll SLO:Rlll PAO:Rlll OC/LFDCB DRP Docket File
-~
Q *
- 9 SYNOPSIS On May 19. 1997. an investigation was initiated by the U.S. Nuclear Regulatory Commission (NRC), Office of Investigations (01), Region III CRIII). to determine if a Burns Security Officer assigned to the Dresden Nuclear Power Station. Morris. IL. had deliberately falsified an incident report documenting that a padlock that provided access-to a vital area had been tampered with.
Upon subsequent questioning by corporate security agents. the security officer.
admitted that he had actually opened the padlock to test it and* falsely reported that it had been tampered with.
Based on evidence developed during the course of this investigation. and a~er a review of evidence contained in the licensee's investigative report. it was determined that the security officer had deliberately provided the licensee incomplete and inaccurate information and falsely reported the circumstances of the event.
Case No. 3-97-020 1
- ~
§ 50.5 Deliberate misconduct.
(a) Any licensee or any employee of a licensee; and any contractor (including a supplier or consultant). subcontractor. or any employee of a contractor or subcontractor, of any licensee, who knowingly provides to any licensee, contractor, or subcontractor, components, equipment. materials. or other goods or services. that rela_te to a
- licensee's activities subject to this part;
..,., may not:
~I (1) Engage in deliberate misconduct
~I that causes or, but for detection. would ff: have caused. a licensee to be in
. ~: violation of any rule, regulation. or order, or any term, condition. or limitation of any license, issued by the Commission. or (2) Deliberately submit to the NRC. a licensee, or a licensee's contractor or subcontractor, information that the person submitting the info~ation knows to be incomplete or maccurate m some respect material to the NRC.
(b) A person who violates paragraph (a)(l) or (a)(2) of this section may be subject to enforcement action in accordance with the procedures in 10 CFR part 2. subpart B.
(c) For purposes of paragraph (a)(l) of
~ this section. deliberate misconduct by a
~ person means an intentional act or
~ omission that the person knows:
~I' (1) Would cause a licensee to be in violation of any rule, regulation, or order, or any term, condition, or limitation, of any license issued by the Commission, or
{2) Constitutes a violation of a requirement, procedure, instruction.
contract, purchase order or policy of a licensee, contractor, or subcontractor.
f 50.9 Compieteness and accuracy of information..
(a) lnf ur.mation.pro\\*~df'd 10.the Cooimi-ssion by ill).applicant for Ci liccnse:0rD\\' a licensee or information required b}."statute or by lbe Commissions regtrlations. orders. or t11 license conditions to be mamtaiacd:b\\*
the appli~nt.or the licensee 6hHJI be *
- *complete and accurate.in.all ma1eria1 a:
IL respects.
N on
{b) Eacb applicant m licensee sh.. U notifv *the Cammisaion af imonna lion identified i>r :the 11pplicam or licensee :as hlMng for Jhe regula te:d.activity *.a significant implication for poblic health and s.a!et).* -orcommao defense and security. An.applicant orlioensee violates tliis.paragraph eirl..r.if.the applicant or.licensee.fails'lo no1ify lhe Comminian of infannatioD :.th~ the
.applican1 or lioeoseeliuidentifaed:as having a si~ificant imjJlication !.or public health and saf etyor common defenee"11nd ~*- Notifrca1ion shatl be.provided 10 *the Administnrtor tif ihe appropriate Regional Office wi1hmiwo woning da~~ of jdentify.ing the information. nus.requir.emenJ js nol applicable to information which is already requirea to be lH"m;aed io :the Commission by crtb.er reporting ur upda!ing reqwremects.