ML20127D248
| ML20127D248 | |
| Person / Time | |
|---|---|
| Site: | Big Rock Point File:Consumers Energy icon.png |
| Issue date: | 01/27/1988 |
| From: | Pawlik E NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| To: | Davis A NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| Shared Package | |
| ML20127C592 | List: |
| References | |
| FOIA-92-252 NUDOCS 9301150136 | |
| Download: ML20127D248 (6) | |
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MEMORANDUM FOR:
A. Bert Davis, Administrator Region 111 l
FROM:
Eugene T. Pawlik, Director Ml Office of Investigations field Office, Region 111 SUBJLCT:
ADMINISTRATIVE CLOSURE OF 01 CASE NO. 03-87-020:
BIG ROCK POINT NUCLEAR PLANT - V/1VE 1AMPERING BY A PER$0N OR PERSONS UNKNOWN On July 29, 1987, you formally (Rlll), initiate an investigation into anrequested that the Offic (01) field Office, Region 111 allegation that an unknown individual (s) had tempered with a valve on the liquid poison control system of the Big Rock Point Nuclear Plant.
In your referral you indicated that a Rlll inspection had conclusively deterinined that the tarnpering had occurred, and that it was not reportable to the NRC under the requirements imposed by 10 CFR 73.71.
You furder stated, however, (t
that it was a potential violation of Section 236(b) of the Atomic Energy Act.
You further indicated in your request for this investigation that there was a suspect in the inatter who could have been the individual responsible for the tampering, but that no positive conclusion on that matter could be determined until an investigation was ccenpleted.
Prior to your referral, this matter was coordinated with the federal Bureau of Investigation, who declined to investigate the retter.
Additionally, in your request, you indicated that the investigation was needed to rule out the chance that someone other than the suspect was responsible for the valve tampering. During discussions with both you and various members of your staf f, the issue was raised that if the suspect was ruled out as being responsible for the valve tampering, then it was possible that a person or persons unknown who had access to the plant's vital area was/were still loose within the facility.
It was predicated upon these discussions that OI:R!li accepted your referral under the assumption that while not necessarily a wrongdoing violation under the regulations of 10 CFR, it still was a violation under Section 236(b) of the Atomic Energy Act.
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a A. Cert Davis 2
January 27, 1988
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Comissioner Roberts' legal Assistant, Jakes M. Cutchin IV, recently contacted
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the 01 staf f and advised them that he believes that 01 has no authority to 2
honor your request.
Mr. Cutchin advised the 01 staff that because there is i
no civil regulatory violation involved. 01 is prohibited from investigating any ratter that is purely criminal, notwithstanding the fact that the violation l
cited comes from the Atanic Energy Act.
Pursuant to this somewhat grey area addressed by Mr. Cutchin regarding 01 investigative authority, I am adminis-i tratively closing this case pending a possible further resolution of Ol's jurisdictional authority.
I an enclosing the Report of Inquiry documenting this closure and reconnend that should you still desire to resolve the question of who tampered with the valve, that you bring Mr. Cutchin's conce'ns about 01 insestigative authority to the attention of the full Comission.
Enclosure :
As stated cc w/ encl-T. Gilbert, 01 F
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BIG ROCK POINT NUCitAR PLANT ALLEGED YALVE TAMPERING BY A PERSON OR PERSONS UNKNOWN Licensee:
Case Number:
Q3-87-020 Consumers Power Company Report Date: January 27, 1988 212 West Michioan Avenue Jackson, M1 O ?01 Control Office: OI:Rll!
Dociet No. 50-155 Status:
Closed Inquiry Reported by:
Approved by:
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j ll u )i G irector l<Lf l (lt k
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Tasl Eugene T.
Office of Investigations Of fice of,f awlik, Director Investigations field Offict, Region 111 field Office, Region 111 l
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DETAILS Of IN(f)!RY Purpose of Inquiry This case was initiated on October 28, 1987, at the request of the Region Ill Administrator to investigate an allegation of valve tampering at the Big Rock Point Nuclear Plant by a person or persons unknown.
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Background
At the time this case was opened, an individual at the plant had been identified as a suspect int he valve tempering incident, but no investigation had been done to attempt to conclusively resolve the inatter.
Closure Infonnation Pursuant to the issue being raised by an NRC Cortnissioner's Legal Assistant that the NRC Office of Investigations (01) had no authority to investigate this metter beccuse it was not a reportable event under 10 CFR 73.71, 01 is accordingly administrative 1y closing this case due to a possible lack of venue on the matter.
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Case No, Q347 0?0
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- a. Any person w) Q '.entionally and willfully destroys or causes
( v, physical damage to, or who intentionally and willfully attempts to t' -
destroy or cause physical damage to-
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(1) any prujuction facility or utilinition facility licent.ed under this Act; (2) any nuclear waste storage facility licent.ed under this Act; (J -
or 4
i (3) any nuclear fuel for such a utilinition facility, or any spent nuclear fuel from such a facility; h
shall be fined not more than $10,000 or imprisoned for not more 1
than ten years, or both.
- b. Any peri.on who intentionally and willfully causes or attempts l
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'l to cause an interruption of normal operation of any such facility 8(
through the unauthorized use of or tampering with the machinery, Q
components, or controls of any such facility, shall be Oned not rnore than $10,000 or imprisoned for not more than ten years, or f-Q loth.
h Cil APTER 19. MISCELLANEOUS i -
Sie 241.81HANsHM OF PHoHRn.-Nothing in this Act s, hall be
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deemed to repeal, modify, amend, or alter the provisions of t.ection Y
Rai of the Atomic Energy Act of 1940, as heretofore amended.
T Stc. 251.8 Rteoxi To Cononiss.-The Commission shall submit to the Congress, in.lanuary of each year, a report concerning the E
ck activities of the Commission. The Commission shall include in such f
report, and shall at such other times as it deems desirab!e submit to the Congress, such recommendations for additional legislation as 9[.
the Commission deems necessary or desirable.
i Src. 261.8 Arraorn:AnoNs --
a No appropriation shall be made to the Commission, nor shall
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h the Commission waive charges for the use of materials under the j
Cooperative Power Reactor Demonstration Program, unless previ.
ously authorized by legislation enacted by the Congress.
b Any Act appropriating funds to the Commission may appropri-
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ate specified portions thereof to be accounted for upon the certinca-tion of the Commission only.
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- c. Notwithstanding the provisions of subsection a., funds are hereby authorized to be appropriated for the restoration or replace-p7 ment of any plant or facility destroyed or otherwise seriously dam-aged, and the Commission is authorised to use available funds for
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such purpce,es.
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d Funds authorized to be appropriated for any construction
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p,roject to be used in connection with the development or produc-
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tion of special nuclear material or atomic weapons may be used to
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%.j start another construction project not otherwise authorized if the 4..,
substituted construction project is within the limit of cost of the
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construction project for which substitution is to be made, and the
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- Commission certifies that-ef.-[.-3-[,,yhka,].:
(1) the substituted project is essential to the common defense and cecurity;
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- snec, RC Paul BIG ROCK POINT - VALVE TAMPERING
$f ATUS ($ser4 cipee, ed pror=1r a brarf den r#tacwi) 10/28/E7 - On 07/29/87 the Rlll Administrator requested that Ol: Rill investigate an alleged valve tampering event at the Consumers Power Company's Big Rock Point Nuclear Plan'.
Because the FBI was also evaluating whether to investigate this matter, the Request for Investigation was held in abeyance by O! until the IB! reached a decision.
The FBI has notified hM55 that they will not riursue this matter.
Accordingly, this matter is being opened for investigation by Ol: Rill.
If the individual is identified who allegedly tampered with the valvt. h_efjhe would have _ violated Section_236 of the Atomic Energy Act, 10/31/87 - Due to resource constraints, no field work has been initiated to date.
ECD 01/88 11/30/87 - No Change.
12/31/87 - No Change.
ECD 02/88.
c 01/27/88 - This case is downgraded to Case No. Q3-87-020 and is administratively closed due to a possible lack of venue.
Report of Inquiry issued 01/27/88.
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