ML20128M289
| ML20128M289 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse  |
| Issue date: | 08/23/1996 |
| From: | Beach A NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| To: | Nevers M AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML20128M294 | List: |
| References | |
| IA-96-048, IA-96-48, NUDOCS 9610160052 | |
| Download: ML20128M289 (3) | |
Text
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UNITE 3 STATES g1 Ig NUCLEAR REOULATORY COMMISSION e
E REGION in U
E 801 WARRENVILLE ROAD 8
USLE, ILLINOIS 60532-4351 August 23, 1996 IA 96-048 Mr. Michael D. Nevers
[HOME ADDRESS DELETED UNDER 10 CFR 2.790]
SUBJECT:
NOTICE OF VIOLATION (NRC Office of Investigations Report No. 3-96-007)
Dear Mr. Nevers:
This refers to an NRC Office of Investigations (01) Report of Investigation No. 3-96-007 concerning the circumstances surrounding your violation of NRC requirements while working as a Nuclear Electrician Journeyman at the Davis-Besse Nuclear Plant. A copy of the synopsis of the i'avestigation is enclosed.
On January 8, 1996, you were assigned to perforn. Procedsre DB-ME-04100,
" Emergency Lighting System Test," for six emr icy light!ng units located in the control room.
Step 8.1.3.b.3 of Procedt:
.,B-ME-04100 ram:; red performance of a 90-second burn test for each umergency lighting unit while monitoring battery discharge voltage.
You signed Enclosure 1 of Procedure DB-ME-04100 indicating that the emergency lighting units had been satisfactorily tested. However, a subsequent review of security door transactions indicated that you were in the control room less than five minutes, an insufficient amount of time to properly test all six units.
During a fact finding interview on January 18, 1996, with the Davis-Besse Maintenance Supervisor and others, you admitted that you were sometimes in a hurry and did not perform a full 90-second count.
You also considered the test boring, not challenging, and unimportant.
Deliberate misconduct is defined in 10 CFR 50.5, (a copy is enclosed) and includes (1) an intentional act or. omission that the person knows constitutes a violation of a requirement; and (2) deliberate submittal to the NRC or licensee information that the person submitting the information knows to be incomplete or inaccurate in some respect material to the NRC.
The NRC 01 investigation determined that you deliberately falsified Enclosure 1 of Procedure DB-ME-04100, " Emergency Lighting System Test," by signing that you had satisfactorily completed a 90-second burn test for six emergency lighting units located in the control room. This is a violation of 10 CFR 50.5.
After consultation with the Director, L fice of Enforcement, I have decided to issue the enclosed Notice of Violation (Notice) for violation of 10 CFR 50.5, while you were engaged in licensed activities at the Davis-Besse Nuclear Power Plant.
In not taking more significant action against you, we recognized (1) the minor safety consequences of the violation, and (2) that you have resigned employment with Toledo Edison Company.
9610160052 960823 PDR ADOCK 05000346 G
M. Nevers 2
August 23, 1996 You should be aware of the seriousness with which the NRC views your actions.
The public health, safety, and trust demand that nuclear power plant personnel conduct themselves with integrity at all times.
You did not conduct yourself in this manner in this case.
In the future, any similar violation may result in more significant enforcement actions including an order prohibiting your involvement in NRC licensed activities.
You are not required to respond to this letter.
However, if you choose to provide a response, please provide it to me in writing and under oath within 30 days at U.S. Nuclear Regulatory Commission, Region III, 801 Warrenville koad, Lisle, Illinois 60532.
In accordance with Section 2.790 of the NRC's " Rules of Practice," Part 2, Title 10, Code of Federal Regulations, records or documents compiled for enforcement purposes are placed in the NRC Public Document Room (PDR).
A copy of this letter with your address removed, and your response, if you choose to submit one, will be placed in the PDR after 45 days unless you provide sufficient basis to withdraw this letter and Notice of Violation.
l If you have any questions or comments, please contact Bruce Burgess of my staff at (630) 829-9666.
1 Sincerely,
/s/ A. B. Beach A. Bill Beach Regional Administrator
Enclosures:
1.
Synopsis of OI Report No. 3-96-005 3.
Deliberate Misconduct Rule,10 CFR 50.5 cc w/o enclosures:
(if placed in the PDR)
John K. Wood, Vice President - Nuclear DOCUMENT NAME:
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