ML19210D514

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Forwards IE Info Notice 79-12A, Attempted Damage to New Fuel Assemblies. No Action Required
ML19210D514
Person / Time
Site: 07001201
Issue date: 11/09/1979
From: James O'Reilly
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
To: Heer W
BABCOCK & WILCOX, BABCOCK & WILCOX CO.
References
NUDOCS 7911270235
Download: ML19210D514 (1)


Text

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'o UNITED STATES 8

NUCLEAR REGULATORY COMMISSION g

-r REGION 11 e'f o,

101 MARIETTA ST, N.W., SUITE 3100 ATLANTA, GEORGIA 30303 N O,'

? 1979 In Reply Refer To:

RII:JPO 70-1201 Babcock and Wilcox Company Attn:

W. F. Heer, Plant Manager Commercial Nuclear Fuel Plant Post Office Box 1260 Lynchburg, Virginia 24505 Gentlemen:

This Information Notice is provided to inform licensees of a possible signifi-cant matter.

It is expected that recipients will consider dissemination of the information to all persons working at their licensed facilities.

No specific action or response is requested at this time.

If further NRC evaluations so indicate, an IE Circular or Bulletin will be issued to recommend or request specific licensee actions.

If you have any questions regarding this matter, please contact the Director of the appropriate NRC Regional Office.

Sincerely,

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James P. O'Reilly G

Director

Enclosures:

1.

IE Information Notice No.79-12A 2.

List of IE Information Notices Issued in Last 6 Months 1395 350 7911270

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SSINS No.: 6300 UNITED STATES Accession No.:

NUCLEAR REGULATORY COM!!ISSION 7910250490 0FFICE OF INSPECTION AND ENFORCEMENT WASHINGTON, D.C.

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IE Information Notice No.79-12A ATTEMPTED DAMAGE TO NEW FUEL ASSEMBLIES This notice provides supplemental it. formation concerning the ident.ification and conviction of the perscns responsible for the introduction of a possibly damaging substance to the new fuel stored at the Virginia Electric and Power Company's Surry Power Station in Surry County, Virginia.

Investigation of this incident by the FBI culminated in the surrender of William E.

Kuykendall and James A. Merrill, Jr., both VEPCO employees at that time, to Surry County authorities on June 19, 1979.

A Grand jury hearing was held in Surry, Virginia on July 24, 1979.

The certified charges of breaking and entering with intent to damage electrical facilities (felony), and willful destruction of utility company equipment (felony) were returned on a true bill for trial. An earlier charge for willful damage (mis-demeanor) which had not been certified to the grand jury was reapplied, certified and returned on a true bill for trial.

Two additional charges against both men were introduced for conspiracy regarding the two felonies and returned on a true bill for a total of four felonies and one misdemeanor against each man.

Trial commen:ed on October 10, 1979 in the Circuit Court, Surry County, Virginia.

The presiding judge ruled that the prosecution failed to supply sufficient evidence to support the charges of conspiracy, breaking and entering, and damage to pro-perty as a misdemeanor. The primary reason for dropping the charges was that the subjects had been authorized unescorted access to Vital Areas by VEPCO. On October 17, 1979, the jury returned a verdict of guilty (both Kuykendall and Merrill) for violation of Virginia Code 18.2-162 (Intentional damage to a facility which furnishes electric service to the public) and set punishment as two (2) years in the State Penitentiary for both subjects, the minimum sentence provided by law.

This Information Notice is provided to inform licensees of a possibly significant matter.

It is expected that recipients will consider dissemination of the information to all persons working at their licensed facilities.

If you have questions regarding this matter, please contact the Director of the appropriate NRC Regional Office.

No written response to this Infonnation Notice is required.

1395 351

IE Information Notice No.79-12A Enclosure November 9, 1979 Page 1 of 2 LISTING OF IE INFORMATION NOTICES ISSUED IN LAST SIX MONTHS Information Subject Date Issued To Notice No.

Issued 79-26 Breach of Containment 11/5/79 All power reactor Integrity facilities holding OLs and cps 79-25 Reactor Trips at Turkey 10/1/79 All power reactor Point Units 3 and 4 facilities holding OLs and cps 79-24 Overpressurization of 10/1/79 All power reactor Containment of a PWR facilities holding Plant After a Main Steam OLs and cps Line Break 79-23 Emergency Diesel Generator 9/26/79 All Holders of cps Lube Oil Coolers and OL:

79-22 Qualification of Control 9/17/79 All Holders of cps Systems 9/14/79 All Holders of OLs 79-21 Transportation and Commer-9/11/79 All Licensees as Supple-cial Burial of Radioactive mental Information to Materials IE Bulletin Nos. 79-19

& 79-20 79-20 NRC Enforcement Policy 9/7/79 All Holders of Reactor (Rev. 1)

NRC Licensed Individuals OLs and cps and Production Licensees with Licensed Operators 79-20 NRC Enforcement Policy 8/14/79 All Holders of Reactor NRC Licensed Individuals OLs and cps and Production Licensees with Licensed Operators 79-19 Pipe Cracks in Stagnant 7/18/79 All Holders of Reactor (Correction - Borated Water Systems at OLs and cps Enclosure)

PWR Plants 79-19 Pipe Cracks In Stagnant 7/17/79 All Holders of Reactor Borated Water Systems At OLs and cps PWR Plants 79-18 Skylab Reentry 7/6/79 All Holders of Reactor OLs i395 (52

2 IE Information Notice No.79-12A Enclosure November 9, 1979 Page 2 of 2 LISTING OF INFORMATION NOTICES ISSUED IN LAST SIX MONTHS Information Subject Date Issued To Notice No.

Issued 79-17 Source Holder Assembly Damage 6/20/79 All Holders of Reactor Damage From Misfit Between OLs and cps As.sembly and Reactor Upper Grid Plate 79-16 Nuclear Incident at Three 6/22/79 All Research Reactors Mile Island and Test Reactors with OLs 79-15 Deficient Procedures 6/7/79 All Folders of Reactor OLs and cps 79-14 NRC Position of Electrical 6/11/79 All Power Reactor Cable Support Systems Facilities with a CP 79-12A Attempted Damage to New 11/9/79 All Fuel Facilities, Fuel Assemblies Research Reactors, and OLs and cps I395 353

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