ML20006F563
| ML20006F563 | |
| Person / Time | |
|---|---|
| Site: | Fermi  |
| Issue date: | 02/12/1990 |
| From: | Thompson H NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | DETROIT EDISON CO. |
| Shared Package | |
| ML20006F562 | List: |
| References | |
| EA-88-106, NUDOCS 9002280167 | |
| Download: ML20006F563 (4) | |
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1 UNITED STATES NUCLEAR REGULATORY C0 m !SS10N In the Matter of DETROIT EDISON COMPANY Docket No. 50-341 Enrico Fermi 2 Nuclear Power Station License No. NPF-43
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EA 88-106
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ORDER MODIFYING LICENSE I
The Detroit Edison Company (Licensee) is the holder of Operating License
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No.'NPF-43 issued by the Nuclear Regulatory Commission (NRC/ Commission) on July 15, 1985. The license authorizes the Licensee to operate the Enrico Fermi Nuclear Power Station (Fermi) Unit 2 in accordance with the conditions specified therein.
II Ouring an NRC security inspection conducted during the period November through m
December 1985, it.was discovered that Mr. Wayne Hastings, the Director of Nuclear Security (DNS), had instructed his staff to place safeguards information-in a data processing system that was not secure. When questioned by an NRC inspector, the DNS stated that-he was unaware that the system was, in fact, not secure. Subsequently,anNRCinvestigation(InvestigationNo. 3-86-006) found that the.DNS had been informed within about two months prior to placing the information on the system, both in writing and verbally by his staff, that the system was not secure and the data should not be entered on it. One such entification was immediately before the information was entered into the system.
The o m stigation concluded that the DNS made a deliberate material false state-n to the NRC. security inspector.
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. Based on the results of the NRC inspection and investigation, the NRC has concluded that Mr. Wayne Hastings made e deliberate material false statement '
to an NRC inspector as described in Violation I.A of the Notice of Violation being issued this date to the licensee. The conduct of this indiviciual cannot 4
be tolerated. The public health and safety require that all persons engaged in activities affecting the safety and security of nuclear power plants provide the NRC with complete and truthful information. Based on the matter discussed above and the fact that Mr. Hastings is still employed by the Detroit Edison Company, I no longer have reasonable assorsia.e thht licemed activities conducted by or under the supervision of Mr. Hastings would be conducted in accordance with NRC' requirements. Accordingly, I have concludea that it is'necessary for the NRC to be informed if Mr. Hastings is again involved in any safety-related i
activities, to permit the NRC to determine, at that time, whether further regulatory action is required.
IV l-l Accordingly, pursuant to Sections 103, 161b, 1611, and 1610, 182, and 186 of the Atomic Energy Act of 1954, as amended, and the Ccemission's regulations in 10 CFR 2.204 and 10 CFR Part 50, IT IS HEREBY ORDERED THAT:
License No. NPF-43 is nodified by adding the following condition:
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L The Licensee shall provide the NRC Regional Administrator, Region III, written notice at least 30 days before reinvolvement of Mr. Wayne Hastings
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in safety-related activities authorized under License No. NPF-43. The notice shall-include a statement from the Licensee as to its basis for concluding that, in light of the conduct of this individual, he will properly carry out licensed activities.
The Regional Administrator, Region III, may relax or terminate this condition for good cause.
V The Licensee, Mr. Hastings, or any other person adversely affected by this Order may request a hearing within 30 days after issuance of this Order. Any request for hearing shall be submitted-to the Director, Office of Enforr.nent, U.S.
Nuclear Regulatory Connission, l!ashir.ston, DC 20555.
Copies shall also be sent to the Assistant General Counsel for Hearings and Enforcement at the same address ahd to the Regional Administrator, U.S. Nuclear Regulatory Connission, Region III, 799 Roosevelt Road, Glen Ellyn, Illinois 60137.
If a person other than the Licensee or Mr. Hastings requests a hearing, that person shall set forth with particularity the manner in which the petitioner's interest is adversely affected by the Order and should address the criteria set forth in 10 CFR 2.714(d).
Upon
. failure of the Licensee, Mr. Hastings, or ary other person adversely affected by this Order to request a hearing within the specified time, this Order shall be final without further proceedings.
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If a hearing is requested, the commission will issue an Order designating the i
time and place of any hearing.
If a hearing is held,.the issue to be considered at such a hearing shall be whetner this Order should be sustained.
FOR THE NUCLEAR REGULATORY COMMISSION
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g H~g L. Thompso D uty Executive Dir or for Nuclear Materials Safety, Safeguards, j
and Operations Support Dated atJockville, Maryland this /2l'aay of February 1990 1
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