ML20043E607
| ML20043E607 | |
| Person / Time | |
|---|---|
| Issue date: | 04/07/1989 |
| From: | Bangart R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV) |
| To: | Caldwell R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV) |
| Shared Package | |
| ML20043E518 | List: |
| References | |
| FOIA-89-540 NUDOCS 9006130193 | |
| Download: ML20043E607 (6) | |
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Mr. Ronald A. Caldwell l.
Physical Security Specialist L
Security and Emergency Preparedness Section i
Reactor Programs Branch Division of Raciation Safety and Safeguards Region IV U.S. Nuclear Regulatory Commission b
Re: Notice of Proposed Sus;:nsion for 14 Calendar Days
Dear Mr. Caldwell:
In order te promote the efficiency of the Federal service, I propose to j
suspend you from your position of Physical Security Specialist, GG-080-13/6,
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l Security and c.mergency Preparedne=s Section, Reactor Programs Branch, Division of RMiation Ssfety and Safeguards, Region IV, U.S. Nuclear Regulatory Commission (NRC), for 14 calendar days. This action, if taken, will be ef fective not earlier than 15 calendar days from the date of your receipt of this letter, not counting the date of receipt. This action is proposed in accordance with Article 39 of the Interim Collective Bargaining Agreement between the U.S.~. Nuclear Regulatory Comn.ission at.c the National Treasury Employees Union.
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The background and specific charges on which this proposal is based are set forth below.
BACKGROUND-You began your career with NRC, Region IV,-in Arlington, Texas on March 27, 1978 as a Physical Security Investigation Specialist, CG-080-12 in-the Office of Inspection and Enforcement. On August 24, 1930 you were promoted to Physical Security Specialist GG-080-13, and have-served in: that capacity since that time.
In 1984, Mr. Andrew 0. Hill was hired to fill the position of Manager, Nuclear Security Section, Corporate Security Department, South Texas Project (STP),
Houston Lighting and Power (H MP). Sometime in 1985, you submitted a resume to HMP for their consioeration of you for a managerial position. HMP advised you there were no immediate openings.
In 1985, the Nuclear Security Section became the the Nuclear Security Division (NSD), STP, H MP.
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In late 1986, Region IV security inspectors began their inspection of the STP pursuant to a request from the H MP to construct and operate a nuclear power plant. By April 1987, it was clear STP had a significant number of security I
l program related issues needing resolution before the approval to load fuel could be granted. Numerous problems were being identified as a result of the inspections, and disagreements between the Region IV and STP security staffs L
were developing. These problems steamed, in part, from the fact that key STP secuMty personnel were former NRC employees who interpreted NRC regulations r
and their applications differently than did the Region IV inspectors.
In June 1987, Region IV management escalated its efforts to be responsive to the needs of STP's fuel load schedule by requiring the Region IV inspectors and--
L their supervisor to stay on location and review the staps STP was taking to l-implement the security program without any significant delay.
During the Summer 1987, rumors were circulating at STP that Region IV i
inspectors were biased in their findings of deficient'ies in the STP security program. The rumors alleged that Region IV inspectors retaliated for being i
denied employment in the security group at Sip, and that they were racially biasad. These rumors further exacerbated the working relatior. ships between STP personnel and Region IV inspectors.
The rumored alleg&tions came to the attention of Mr. Robert Martin, Regional Administrator, Region IV, through HMP management. Mr. Martin then requested you to provide him your explanation of the allegations; You stated in your explanation of July 29, 1987, to Mr. Martin, that you'r application for j!
employment to HMp in 1985 did not violate any NRC regulations. Mr. Martin i
forwarded the matter to OIA for investigation, and an investigation by OIA l-began (Enclosure).
In August / September 1987, you contacted Mr. Gerald Vaughn, an HMP manager, to discuss employment possibilities with HMP for yourself. 'The matter came to my attention in February 1988. At that point, you were taken off the STP project to prevent any perception by STP/H MP of conflict of interest.
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- This proposed action is nos intended to reflect poorly on your inspection efforts to assure that STP was adequately protected from safeguards
-vulnerabilities. Nevertheless, certain aspects of your conduct, as described in the following paragraphs, cannot be cordoned.
l SPECIFIC CHARGES Ciarce No. 1: Poor judgement in soliciting employment with STP/H MP.
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10 CFR 0.735-49a states:
An employee shall avoid any action whether or not specifically prohibited by this Part 0, which might result in, or create the appearance of:
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(a) Using a public office for private gain.
(i) Affecting adversely the confidence of the public in the integrity of the Government.
Sometime in August / September 1987 you called Mr. Gerald Vaughn, an HL&P
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manager, and asked if he would consider you for employment as the Manager, Nuclear Security Department, STP. This position had recently been vacated by.
Mr. Andrew Hill. Mr. Vaughn indicated that he would not consider you for-such employment. You had requested and received re-mission from your supervisor to solicit for employment with STP.
L At the time of your employment inquiry, STP/HL&P was especially vulnerable to L
any suggestion and influence by NRC inspectors becaufe of their urgent desire to obtain a license te operate. You, as an NRC Region IV inspector, were in a critical path position to STP/HL&P obtaining that license because of your authority-to influence the outcome of the security inspection module which had to be completed with acceptable findings in order for STP/HL&P to obtain that license. Because of this vulnerability, your employment inquiry might have resulted-in or created the appearance of using your position to advance your employment goals. Further, you were well aware of the rumored allegations that you were biased in your security inspections. You knew of Mr Martin's concern over the perceptions that the inspections may' be biased, and that Mr.
Martin intended to forward the matter to 01A for investigation. This solicitation gave credence to the rumored allegction that you sought to cause Mr. Hill's removal by discrediting the STP securf ty program and that your earlier rejection by STP resulted in an inspection bias.
Any activity on your part which would lend credibility to the allegation, and give the appearance of using your position for persoral gain would adversely affect the public's confidence in the NRC. Although you received permission from your supervisor to solicit employment with STP pursuant to 10 CFR 0.735-22a, this does not relieve you of your responsibilities under other.
provisions of 10 CFR 0.735.
l Charge No. 2: Inappropriate conduct in your official dealings.
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You responded to the rumored allegations by confronting STP management officials about them in an effort to have them stopped. On July 20, 1987, you-met with Mr. Bervin Hall, an STP manager, to confront hfe as to whether he was the source of the allegations. You were accompanied at this meeting by Mr.
Michael Powell, an HL&p supervisoe You suggested to Mr. Hall that if he (Mr.
Hall) felt there was any truth to Lhe allegations, that he (Mr. Hall) raise is them witn the NRC Office of Inspector and Auditer (OIA). Your meeting with Mr. Hall created conflict between you and him, and did not result in any-I_.
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lL satisfactory resolution as to the source of the rumors. As a result, Mr.
Powell suggested you meet with Mr. Hall's supervisor, Mr. James Geiger, an HL&P manager, to address the rumors. You agreed, and a meeting was set up later that morning with Mr. Geiger. Also present it that meeting were your supervisor, Mr. Lawrence Yandell, and Mr. James Kelly, Region IV Sr. Physical Security Specialist, and Mr. Powell. You said during the meeting that you were very concerned about these two rumors in and of tnesselves and, also, that they may reflect the position of HL&P management. You also indicated 4
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that.you had provided a resume to Ht&P some years earlier with no particular position specifically named, l
Mr, Geiger and Mr. Powell believed that you were conducting yourself in an 1.
official capacity in your dealings with ther; thus, your statements I
represented to them an official NRC posture with regard to the allegations.
Your decision to confront STPiHL&P management officia-ls was inappropriate. It was inappropriate of you to pursue with in,ility manafers any course of action which would create the impren. ion that you were speaking for the Agency in response to such serious alleptions. Yostr actions were confrontational and L
served only to increase the already existing tensions between STP and RIV Security staffs, l
in proposing this action, I have taken into consideration the f act that you received permission.from your supervisoe to make the employment inquiry specified in Iharoe #l f
Mr. Robert Martin, Regional Administrator, Region IV. will be the deciding official in this proposed action.. You may reply to this notice orally or in writing,:or both, to Mr. Martin. You may also submit affidavits and other documentary evidence in support of.your reply. You are entitled to be represented by an attorney or other representative of your choice.
I am providing you an additional copy of this notice for the use of your representative if you so choose. You are not entitled to a hearing or i
l1 examination of witnesses at this time. You will be allowed 14 calendar days from the date of your receipt of this memorandum to submit a reply. You will be given 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> of official time for use in preparing your answer. You may request this time from me or in my absence, Mr. John Montgomery, Deputy Regional Administrator. Your written reply, if any, may be mailed to Mr.
Martin at the following address:
U.S. Nuclear Regulatory Commission, 611 Ryan Plaza Drive, Suite 1000, Arlington, Texas 76011 or delivered personally.
l If you wish to make an oral reply, you may make an appointment to do so by calling Mr; Martin at 860-8225. The material. relied upon for this proposal L
notice is r.nclosed. If you believe you need additional'ime to submit your answer and secure affidavits, you may request it of Mr. Martin. If such time is allowed, it will be confirmed in writing. If you care to discuss the personnal regulations pertinent to this action or to obtain additional inforr.mion on how to reply, you may contact Ms. Huel Meadows, Sr. Labor Relations Specialist, Office of Personnel, at FTS 492-4692.
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k; 5-No decision to suspen:! you has been made or will be P.ade until-the time Allowed for you to answer has expired. Any response you make will be
.onsidered. carefully by Mr. Martin before he makes.a decision. Whether or not you choose to respond, a written notice o'. decision will be delivered to you at or before the effective date of the s; tion, if one is taken. During the advance notice period, you will contim.e in a duty status.
QWnel Si8nce..
& L BANGART Richard L. Bangart, Director Division of Radiation Safety-and Safeguards
Enclosure:
OIA reports dated 9/26/53 and 12/21/88 bec:
K. Fox, PLR:0P 4). Dambly 000 H. Meadows, PLR:0P R. Martin, RIV, w/ attachments DISTRIBUTION LR r/f NAME: CALDWELL DISK: HUEL2' LR:0Pa LR:0P*
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RIV HMeadows MFox D0ambly RBa 4/3/89 4/3/89 4/3/89 4/7/89
- Concurrence on 4/3/89 i+...
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