ML17191A872
| ML17191A872 | |
| Person / Time | |
|---|---|
| Site: | Dresden  |
| Issue date: | 09/18/1998 |
| From: | Travers W NRC |
| To: | Milas D AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML17191A873 | List: |
| References | |
| 3-96-036, 3-96-036S, 3-96-36, 3-96-36S, IA-98-047, IA-98-47, NUDOCS 9809220314 | |
| Download: ML17191A872 (2) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION IA 98-047 David Milas
[HOME ADDRESS DELETED UNDER 10 CFR 2.790] *
Dear Mr. Milas:
WASHINGTON, D.C. 20565-0001 September 18, 1998
SUBJECT:
ORDER PROHIBITING INVOLVEMENT IN NRC LICENSED ACTIVITIES (01 REPORT NOS. 3-96-036 AND 3-96-036S)
_j_) c~s r ])/Z; The enclosed Order Prohibiting Involvement in NRG-Licensed Activities (Order) refers to an investigation conducted by the NRC Office of Investigations (01) (01 Report Nos. 3-96-036 and 3-96-036) concerning your alleged involvement on June 29, 1996, in the apparent compromise of an NRC examination which was to be administered to applicants for NRC reactor operator licenses at the Commonwealth Edison Company's (ComEd) Dresden Station. The 01 investigation found that you, an applicant for a reactor operator (RO) license, and another applicant, obtained and photocopied the NRC examination to be administered to your class of license applicants on July 8, 1996. 01 coordinated the results of the investigation with the U.S.
Attorney's Office, Chicago, Illinois. As a result, you were convicted on May 14, 1998, in the U.S. District Court, Northern District of Illinois, for compromising the integrity of the [NRC]
written examination." One of the items in your Plea Agreement was,"... defendant also agrees to never reapply for a position as a reactor operator with any facility under the jurisdiction, administration, or control of the NRC... "
Based on the 01 investigation and your criminal conviction, the NRC has concluded that you violated the NRC's rules prohibiting deliberate misconduct at nuclear power facilities and the compromise of the integrity of NRC examinations. Specifically, 10 CFR 50.5(a)(1 ), "Deliberate Misconduct," prohibits any employee of an NRC licensee (ComEd) from engaging in deUberate misconduct that causes or, but for detection would have caused, a licensee to be in violation of any.rule or regulation issued by the Commission. In this case, you caused Com Ed and yourself to.be in violation of 1 o CFR 55.49, "Integrity of Examinations and Tests." 1 O CFR 55.49 prohibits applicants and facility licensees (ComEd) from engaging in any activity that compromises the integrity of any test or examination required by 1 O CFR Part 55, "Operator's Licenses."
The NRC recognizes that your Plea Agreement prE:wents you from applying for a position as a reactor operator. However, your Plea Agreement does not prohibit you from participating in other NRG-licensed activities. Therefore, the NRC is issuing the enclosed Order prohibiting your involvement in all NRG-licensed activities for a period of five years. If you are involved with another licensee involved in NRG-licensed activities on the effective date of the enclosed
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Order, you must immediately cease such activities, inform the NRC of the name, address and tel.ephone number of the employer, and provide a copy of the enclosed Order to the employer.
In addition, for a period of five years after the five-year period of prohibition has expired, the
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Order requires you to notify the NRC the first time you accept employment involving i
9809220314 980918 PDR ADOCK 05000237 G
NRC-licensed activities or your becoming involved in NRC-licensed activities. Pursuant to Section 223 of the Atomic Energy Act of 1954, as amended, 42 U.S.C. 2273, any person who willfully violates, attempts to violate, or conspires to violate any provision of this Order shall be subject to criminal prosecution as set forth in that section. Violation of this Order may also subject the person to a civil monetary penalty.
Questions concerning this Order may be addressed to James Lieberman, Director, Office of Enforcement. Mr. Lieberman can be reached at telephone number (301) 415-27 41. Also attached is the Notice of Violation issued to ComEd for the compromise of the NRC examination that was based, in part, on your deliberate actions.
In accordance with 10 CFR 2.790 of the NRC's "Rules of Practice," a copy of this letter and the enclosure with your home address removed will be placed in the NRC's Public Document Room.
Sincerely,
~~1~
William D. Travers Deputy Executive Director for Regulatory Effectiveness
Enclosures:
- 1. Order Prohibiting Involvement in NRC-Licensed Activities
- 2. Notice of Violation to ComEd
- 3. Synopsis of 01 *Report cc: w/encl 1 (WITH HOME ADDRESS REMOVED):
Oliver D. Kingsley, President, ComEd Nuclear Generation Group cc: w/encls 1-3 (WITH HOME ADDRESS REMOVED):
Rene Muliken, U.S. Probation and Parole CERTIFIED MAIL RETURN RECEIPT REQUESTED