ML20117D615

Responds to NRC Re L Gibbs Actions Re Adjudication of Plant Contractor Employee Access Authorization.Partially Deleted Info

ML20117D615
Person / Time
Site:	Calvert Cliffs
Issue date:	01/26/1996
From:	Gibbs L AFFILIATION NOT ASSIGNED
To:	Martin T NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
Shared Package
ML20116C017	List: ML20117D609 ML20117D615
References
FOIA-96-171 CCS, NUDOCS 9605100123
Download: ML20117D615 (3)

Text

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. 1 January 26,1996 Mr. Thomas T. Martin Regional Administrator Region I, Nuclear Regulatory Commission 475 Allendale Road King of Prussia, Pennsylvania 19406-1415 l

Dear Mr. Manin:

In response to your letter to me dated January 2,1996, concernl '

' relative to the adjudication of a Calvert Cliffs contractor employee's a I would like to provide my personal perspective for the record.

As a professional in the nuclear industry, I have a genuine ap and concise regulations that promote safety and quality. l As the at Calvert Cliffs, I fully suppon the intent of Title 10, Part 73 of the Co Regulations. Your letter, describing my actions taken in resp a contractor employee's access authorization, stated the standard

' were in contradiction with the requirements of 10 CFR 73. In respo imponant to provide my assessmert of the event and ensure y position.

The sanction identified in your letter is the result of a brief tele I I had with an inspector in the Office ofInvestigations i d in on wlichI e the decision. NRC's public sanction of me persona!!y app'i ars rather se extracts of the phone conversation and the fact that it is based o The individualin question had filed a formal appeal with hi h the FB arrest record seven years earlier for a minor misdemeanor com he denied was his. Our access decision was based upon o Federal Regulations and its intent. Pan dis 73 and is the responsibility of the licensee. This is a judgment decisio dependent on the needs of the situation, the availability and security considerations, and other factors perceived by thelice

" Prohibitions" (1) it states that "a licensee may not base a fina individual unescorted access ... solely on the basis ofinform involving (1) An arrest more than 1 year old for which thereis disposition of the case." Again, underl 73.5 ao y .

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i f correction of the record."hiis would app l only upon receipt of the otect employees i FBI'sd confirmat until a final resolution that the intent of these provisions s to prwas part ofon thecbasis for the decision i appeal. In this case the appeal OIinvestigator, was pending an l allpw continued access, as I explained i to the in question.

A final access determination ll was not being made However, termination ordsuspension i n of the record by access of the FBI at is thisge tim to this individual. This employee ha ,

contractor.

and no resolution There of thewas no not "did disposition confirmation as constitute itradiological of relate sabotage."ancorrect unreaso l mit His exemplary work history and, in ourhich opinion, he continued to deny,in our health and safety of the public including a potential to co; having potentially committed antil finalmisdemeanor, resolution of his w crim j

minor  ;

opinion, did not warrant dainsuspension itself wouldofnot his have access beenu ultsl record d in retrospect was received. Thehcriminial that recor other factors to deny him access. It is recognize ticated at the time of the decl '

access, but these were not known or not aut enl i ed to th making an access decision.

which I am being sanctioned. Ii also exp a n reapply, all factors would be consideredbi pr or to my slybiased My background of 23 years i in the Maryland S l decision as I am aware l occurred of the where weiddetenn inaccuracies l t

identification ofindividuals. i rate A case after in the point FBIinformed recent y f their correctionis attache us the FBI record of an individual was naccuha your edification. in positions of trust and 4

I have lived and worked high in esteemthis community for my integ for fcr responsibility and believe that t I am held in f10 CFR73. Ifully understand th no intent on my part at any point in this event o ignore my responsibilitieshqually ve beenlearned with respect important to to at Calvert the intent me that the message you conveyedinyourletter. ii Lessons a dards of thisindurstry to whichI am result of this experience. For d the record, t s e puhucknowtherationaleoftheactions an stan dedicated

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' , Dibbs fEnforcement cc: James Lieberman, Director, Office o

' cc: Congressman StenyH.Hoyer

P The Honorable Steny H. Hoyer l

DISTRIBUTION:

JMTaylor, EDO TTMartin, RI i

JLieberman, OE l JRGra w OE DRosano, OE i

Day File IA File 95-062 EDO 96025 WRussell, NRR i

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. On A OE [k RA:R M NRR' h h D:0Nb DEN ED0e SVarga JLioterman JMilhoan J[iylor RRosano TMartin 2 / 29/96 2,/2996 'Z /V/96 7 f?!/96 2 /1 /96 i/T/96

. Doc Name: G:\GIBBS.DR DRathbun 03/ll/96 i