ML17188A121
| ML17188A121 | |
| Person / Time | |
|---|---|
| Site: | Dresden  |
| Issue date: | 02/04/1998 |
| From: | Beach A NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| To: | Hougas N AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML17188A122 | List: |
| References | |
| IA-97-080, IA-97-80, NUDOCS 9804020357 | |
| Download: ML17188A121 (2) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION IA 97-080 Mr. Nathan Hougas
[Home Address Deleted Pursuant to 1 O CFR 2. 790]
REGION Ill 801 WARRENVILLE ROAD LISLE, ILLINOIS 60532-4351 February 4, 1998
SUBJECT:
NOTICE OF VIOLATION (NRC INVESTIGATION REPORT 3-97-020)
Dear Mr. Hougas:
This refers to information provided to, the NRC by the Commonwealth Edison Company (Com Ed) that you allegedly falsified a security record, which was material to the NRC. The NRC's Office of Investigations (01) reviewed the information provided by ComEd. The synopsis of the 01 report was sent to you by letter dated October 24, 1997. In that letter, the NRC offered you the opportunity to discuss the findings at a predecisional enforcement conference (PEC) or to submit a written explanation by November 24, 1997. The October 24, 1997 letter, also explained that if you did not request a PEC or respond by letter, the NRC would proceed with its enforcement action. As of the date of this letter, you had not replied to the NRC's October 24, 1997 letter.
Based on Ol's findings, it appears that in a written Security Event Report for the incident, you falsely reported that you found the open lock. At the time you wrote the Security Event Report, you knew the information you reported was inaccurate because you were the individual who had opened the* lock. This information is material to the NRC because the NRC-approved Security Plan for the Dresden Station requires documentation of security patrol results, and the NRC reviews the documentation during inspections to assess ComEd's implementation of the Dresden Security Plan. Furthermore, you provided the same false information to ComEd investigators during interviews on January 27 and February 10, 1997. As a result, the NRC staff concluded that you committed a violation of NRC's rules prohibiting deliberate misconduct.
10 CFR 50.5(a)(2), "Deliberate Misconduct,* prohibits any employee of a contractor to an NRC licensee from deliberately providing inaccurate or incomplete information to a licensee if the information is of a material nature to the NRC.
In carrying out its responsibilities, the NRC must rely on information provided to a licensee by an
- employee of a contractor to the licensee. The NRC must also rely on the personal integrity of employees working at a nuclear power facility. The violation is described in the enclosed Notice of Violation (Notice), and has been categorized at Severity Level Ill in accordance with the General Statement of Policy and Procedure for NRC Enforcement Actions, NUREG-1600.
CERTIFIED MAIL RETURN RECEIPT REQUESTED
~,
NRC considered issuing you an Order prohibiting your involvement in licensed activities.
However, the NRC has decided to issue the enclosed Notice in this case, after considering the employment action already taken by COmEd, and that you did maintain surveillance over the unlocked doors. You should be aware that a similar violation on your part, in the future, may result in an order prohibiting involvement in NRC-licensed activities.
You are required to respond to the enclosed Notice within 30 days of the date of this letter, and should follow the instructions contained in the Notice. In addition, the NRC requests that you include in yo!Jr response a statement why the NRC should be confident (1) of your future trustworthiness while engaged in licensed nuclear activities, and (2) that you will abide by regulations and procedures pertinent to your work.
In accordance with 10 CFR 2.790 of the NRC's Rules of Practice, documents compiled for enforcement purposes are placed in the NRC's Public Document Room (PDR). A copy of this letter (with your home address deleted) and the Notice will be placed in the PDR unless you provide a sufficient basis to withdraw this violation within the 30 days specified above for a response to this Notice of Violation.
If you have any questions about this Notice, or questions about how to respond, please contact Mr. Brent Clayton, Region Ill Enforcement Officer. Mr. Clayton can be contacted at toll free telephone number (800) 522-3025.
Dockets No. 50-237; 50-249 Licenses No. DPR-19; DPR-25 cc: Mr. Oliver D. Kingsley, President Nuclear Generation Group (WITH HOME ADDRESS REMOVED)
Sincerely,
)tfUJ A. Bill Beach Regional Administrator