ML17312B282
| ML17312B282 | |
| Person / Time | |
|---|---|
| Site: | Palo Verde  |
| Issue date: | 11/21/1996 |
| From: | Callan L NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV) |
| To: | Beltran R AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML17312B283 | List: |
| References | |
| IA-96-074, IA-96-74, NUDOCS 9703110171 | |
| Download: ML17312B282 (5) | |
Text
~P,g RKgI 1p0
+**++
UNITEDSTATES NUCLEAR REGULATORY COMMISSION REGION IV 611 RYAN PLAZA DRIVE, SUITE 400 ARLINGTON,TEXAS 76011 8064 November 21, 1996 IA 96-074 Hr. Robert Beltran
[HOHE ADDRESS DELETED UNDER 10 CFR 2.790]
JBJECT NOTICE OF VIOLATION (NRC INVESTIGATION REPORT NO 4 96 025)
Dear Hr. Beltran:
This refers to an investigation conducted by the NRC's Office of Investigations regarding activities at the Palo Verde Nuclear Generating Station (Palo Verde).
The investigation was conducted to review the circumstances surrounding apparent false information provided by contract employees in order to gain unescorted access to the Palo Verde facility.
During an NRC inspection conducted in Hay 1996.
a review of security incident records revealed cases where contract employees had falsified background information in order to gain unescorted access to Palo Verde.
A subsequent investigation conducted by the NRC (synopsis enclosed) confirmed that prior to being granted temporary unescorted access to Palo Verde in October 1995.
as an employee of Fluor Daniel, you provided false employment information.
Specifically. your October '1995 application for unescorted access indicated that you had been employed for the previous five years by Hainline Plumbing of Lakewood. California.
when in fact. you had never been employed by that company.
Records maintained by Arizona Public Service Company (APS) indicate that you again applied, for unescorted access in Harch 1996.
admitted at that time that you had previously provided false information.
and as a result.
were denied access to Palo Verde.
I Based upon the NRC's review of the information developed by APS. it appears that you violated the NRC's rule prohibiting deliberate misconduct by providing false information of a material nature to APS.
'a licensee of the NRC.
A copy of the regulation is enclosed.
The NRC and its licensees must be able to rely on the integrity and trustworthiness of employees.
particularly ~I i"~~
those who are granted unescorted access to nuclear power plants.
Thus.
the NRC is issuing you the enclosed Notice of Violation for your actions.
In accordance with the "General Statement of Policy and Procedure for NRC Enforcement Actions." NUREG-1600. the violation in the enclosure has been classified at Severity Level III to reflect the significance of attempting to subvert the access authorization process at Palo Verde.
You should be aware the NRC's regulations allow the issuance of civil sanctions to be taken directly against unlicensed persons who, through their deliberate misconduct, cause a licensee to be in violation of NRC requirements.,
An Order may also be issued to an individual to prevent his or her engaging in licensed activities at all NRC licensed facilities.
Future violations of the deliberate misconduct rule, as set forth in 10 CFR 50.5.
may also lead to criminal g g 0O ~
prosecution.
IIIIIllllllllllllillllll!EIIlillllllllll!I
Hr. Robert Beltran You are required to respond to this Notice of Violation and should follow the instructions specified in the enclosed Notice.
as applicable to your situation.
when preparing your response.
For example.
where the Notice requires you to address your corrective actions.
please address what actions you will take to assure compliance in the future should you request to be re-employed in the nuclear industry.
The NRC will use your response.
in part
~ to determine whether further enforcement action is necessary to ensure compliance with regulatory requirements should you find employment in NRC-licensed activities in the f.ture.
In ac"ordance with Section 2.790 of the NRC's "Rules of Practice."
Part 2.
Title 10 'ode of Federal Regulations'ecords or documents compiled for enforcement purposes are placed in the NRC Public Document Room (PDR).
A copy of this letter and enclosure with your address removed.
and your response will be placed in the PDR after 45 days unless you provide sufficient basis to withdraw this letter.
A copy also will be sent to APS at that time.
If you have any questions.
please contact Gary Sanborn, regional Enforcement Officer. at 817-860-8222 or 800-952-9677.
Sine ly.
Enclosures:
1.
Synopsis.
OI 4-96-025 3.
10 CFR 50.5 L. J. Callan Regional Administ
Notice of Viol a tion DISTRIBUTION:
- Hold for 45 days w/enclosures 1 and 2 and w/home address removed
- POR
- LPDR
- NUDOCS
- Arizona Public Service Company SECY CA JTaylor.
EOO (0-17G21)
- JMilhoan, DEDR (0-17G21)
JLieherman.
OE (0-7H5)
'Chandler.
OG" (0-15B18)
JGoidberg.
OGC (0-15B18)
FM:ragl ia.
NRR (0-12G18)
RZimmerman.
NRR (0-12G18)
LCunningham.
NRR (0-9025)
JClifford.
NRR Enforcement Coordinators RI. RII. RIII JGi lliland.
PA (0-2G4)
HBell. OIG (T-5028)
GCaputo.
OI (0-3E4)
EJordan.
AEOD (T-4018)
OE:ES (0-7H5)
OE:IAFile (0-7H5)
RIV DISTRIBUTION:
E-mail w/enclosure OEMAIL SJCollins(SJC)
RWise(RXW)
BHenderson(BWH)
CHackney(CAH)
LWilliamson(ELW1)
OChamberlain (DOC)
DKirsch (OFK)
KBrockman(KEB) 1 and w/home address removed to:
TPGwynn (TPG)
MHammond(MFH2)
WBrown (WLB)
JDyer(JED2)
KPerkins(KEP)
KJohnston (KEJ)
BMurray (BXM)
ABEarnest (ABE)
Copies w/all enclosures and w/home address removed to.
LJCallaniReading File RIV Files MIS Coordinator GSanbornilAFi le
&A RA!RlY N tein LJCallan D>OE JL1eberman DE JMilhoan 1
o96 11
(
6 11 ~t 96 11 96 DOCUMENT NAME; 6;iOECASESi96396REY.NHS
Notice of Violation JMi lhoan.
DEDR (0-17G21)
LChandler OGC (0-15B18)
FMiraglia.
NRR (0-12G18)
LCunningham.
NRR (0-9025)
HBell. OIG (T-5D28)
EJordan.
AEOD (T-4018)
OE IAFile (0-7H5)
DISTRIBUTION; "Hold for 45 days w/enclosures 1
and 2 and w/home address removed "PDR
- LPDR
- NUDOCS
- Arizona Public Service Company SECY CA JTaylor.
EDO (0-17G21)
JLieberman.
OE (0-7H5)
JGoldberg.
OGC (0-15B18)
RZimmerman.
NRR (0-12G18)
JCli fford.
NRR Enforcement Coordinators RI. RII. RIII JGi lliland.
PA (0-2G4)
GCaputo.
OI (0-3E4)
OE:FS (0-7H5)
RIV DISTRIBUTION E-mail w/enclosure OE HAIL SJCollins(SJC)
RWise(RXW)
BHenderson(BWH)
CHackney(CAH)
LWilliamson(ELW1)
DChamberlain (DDC)
DKirsch (DFK)
KBrockman(KEB) 1 and w/home address removed to TPGwynn (TPG)
NHammond(HFH2)
WBrown (WLB)
JDyer(JED2)
KPerkins(KEP)
KJohnston (KEJ)
BHurray (BXH)
ABEarnest (ABE)
Copies w/all enclosures and w/home address removed to LJCallaniReading File RIV Files HIS Coordinator GSanbornilAFile ot NftBin 1
o96 RA'. RlV LJCallan 11
(
6 DEFOE OL16blrman ll w( 96 DE JMilhnan 11 96 DOCUMENT NAME; 6:iOECASESil96396REV.MHS