ML20117D615
| 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: |
| References | |
| FOIA-96-171 CCS, NUDOCS 9605100123 | |
| Download: ML20117D615 (3) | |
Text
.
a l
1 January 26,1996 Mr. Thomas T. Martin Regional Administrator Region I, Nuclear Regulatory Commission 475 Allendale Road King of Prussia, Pennsylvania 19406-1415
Dear Mr. Manin:
l In response to your letter to me dated January 2,1996, concern 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. As the l
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 in wlichI e i d on the decision. NRC's public sanction of me persona!!y app' ars rather se i
extracts of the phone conversation and the fact that it is based o The individualin question had filed a formal appeal with the FB hi h 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 73 dis 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, under 73.5 l
ao y
1 a
f correction of the record." is would app l
hi otect employees until a final resolution i
only upon receipt of the FBI's confirmat on c d was part of the basis for the decision i
that the intent of these provisions s to pr i
appeal. In this case the appeal was pending an OIinvestigator, allpw continued access, as I explained to the i
in question.
A final access determination was not being made ll However, termination or suspension of access is ge i n of the record by the FBI at this tim d to this individual. This employee ha contractor. There was no confirmation of correct "did not constitute an unreaso and no resolution of the disposition as it relate l
mit radiological sabotage." His exemplary work history and, in our opinion, health and safety of the public including a potential to co hich he continued to deny,in our ntil final resolution of his crim having potentially committed a minor misdemeanor, w j
d in itself would not have been s opinion, did not warrant a suspension of his access u d in retrospect that other factors ult record was received. The criminial recor h ticated at the time of the dec to deny him access. It is recognize access, but these were not known or not aut enl i ed to th making an access decision.
which I am being sanctioned. I also exp a n i
reapply, all factors would be considered pr or to bi slybiased my My background of 23 years in the Maryland S l occurred where we detenn i
decision as I am aware of the inaccuracies t id l rate after the FBIinformed us identification ofindividuals. A case in point recent y f their correctionis attache i
the FBI record of an individual was naccuha in positions of trust and your edification.
I have lived and worked in this community for fcr 4
high esteem for my integ responsibility and believe that I am held in f10 CFR73. Ifully understand th t
no intent on my part at any point in this event o h ve beenlearned at Calvert ignore my responsibilities with respect to the intent qually important to me that the message you conveyedinyourletter. Lessons a dards of thisindurstry to whichI am ii result of this experience. For the record, t s e d
puhucknowtherationaleoftheactions an stan dedicated
(
- I
, 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
Day File IA File 95-062 EDO 96025 WRussell, NRR i
l 1
i 7
4 kh 1. On A
7 3
OE [k RA:R M NRR h h D:0Nb DEN ED0e
~
RRosano TMartin SVarga JLioterman JMilhoan J[iylor 2 / 9/96 2,/2996
'Z /V/96 7 f?!/96 2 /1 /96 i/T/96 2
. Doc Name:
G:\\GIBBS.DR DRathbun 03/ll/96 i