ML20129H457

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Responds to 950102 Petition Requesting NRC Assess Severity Level II Violation & Severity Level III Violation Against Dept Manager & Supervisor for Violations of 10CFR50.7 for Engaging in Deliberate Misconduct in Violation of 10CFR50.5
ML20129H457
Person / Time
Site: Millstone Dominion icon.png
Issue date: 10/31/1996
From: Miraglia F
NRC (Affiliation Not Assigned)
To: Ross A
AFFILIATION NOT ASSIGNED
Shared Package
ML20129H460 List:
References
CON-#197-18028 2.206, DD-96-16, NUDOCS 9611050244
Download: ML20129H457 (4)


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Anthony J. Ross October 31, 1996 Director's Decision Under 10 CFR 2.206," which includes the complete text of l

Director's Decision:DD 16, which is being filed with the Office of the Federal Register for publication.

Sincerely, Original signed by A. Thadani for:

Frank J. Miraglia, Acting Director Office of Nuclear Reactor Regulation

Enclosures:

1.

Director's Decision DD-96-16 2.

Federal Reaister Notice cc w/encls: See next page DISTRIBUTION:

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k*****,o October 31, 1996 l

i Mr. Anthony J. Ross l

P.O. Box 2967 l

Pawleys Island, SC 29585 l

Dear Mr. Ross:

l I am responding to your Petition of January 2, 1995.

Your request was referred to me in accordance with Section 2.206 of Title 10 of the Code of Federal Reaulations (10 CFR 2.206).

In your Petition, you request that the Nuclear Regulatory Comission (NRC)

(1) assess a Severity Level II violation and a Severity Level III violation against your department manager and your first-line supervisor for their violations of 10 CFR 50.7; (2) institute sanctions against your first-line supervisor, Northeast Utilities, and the Millstone Unit 1 organization for engaging in deliberate misconduct in violation of 10 CFR 50.5; and (3) remove your first-line supervisor from his position until a " satisfactory solution to the falsifying of nuclear documents" by this individual can be achieved. As grounds for these requests, you assert that (1) you were " unjustly chastised" by your first-line supervisor and your department manager about absenteeism, and your department manager threatened you in a memorandum; (2) your first-line supervisor willfully falsified nuclear documents in that he signed off on a surveillance of the gas turbine battery as htving met acceptance criteria when the requirements had not been met; and (3) the Millstone Unit 1 j

organization failed to enter into a 4-day limiting condition for operation as required by Technical Specifications when the Operations Department was notified of the failed surveillance, in violation of 10 CFR 50.5.

In l

addition, you assert that a number of violations have occurred in 1992 and 1993 related to the gas turbine battery, which have not been handled appropriately by the NRC and Northeast Utilities, and that the utility and NRC are engaged in an apparent " cover-up" of the problems. The NRC acknowledged receipt of your Petition by letter dated February 23, 1995. The NRC staff has l

forwarded the allegations of NRC's involvement in " covering up" the issues to the NRC's Office of the Inspector General for review. Therefore, the enclosed Director's Decision does not address the issue of an NRC cover-up.

For the reasons explained in the enclosed Director's Decision, I have denied l

your request. A copy of the Decision will be filed with the Secretary of the i

Commission for the Commission to review in accordance with 10 CFR 2.206(c).

As provided by this regulation, the Decision will constitute the final action of the Commission 25 days after the date of issuance of the Decision unless the Commission, on its own motion, institutes a review of the Decision within that time.

I have also enclosed a copy of the notice of " Issuance of e

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Anthony J. Ross !

Director's Decision Under 10 CFR 2.206," which includes the complete text of Director's Decision DD-96-16, which is being filed with the Office of the l

Federal Register for publication.

Sincerely, n

v ran J. Miraglia, Acting Director Offi e of Nuclear Reactor Regulation i

Enclosures:

1.

Director's Decision DD-96-16 2.

Federal Reaister Notice cc w/encls:

See next page I

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Millstone Nuclear Power Station Northeast Utilities Service Company Unit 1 cc:

Lillian M. Cuoco, Esq.

Mr. P. D. Swetland, Resident Senior Nuclear Counsel Inspector Northeast Utilities Service Ccmpany Millstone Nuclear Power Station P. O. Box 270 c/o U.S. Nuclear Regulatory Hartford, CT 06141-0270 Commission P. O. Box 513 Mr. Kevin T. A. McCarthy, Director Niantic, CT 06357 Monitoring and Radiation Division Department of Environmental Mr. D. B. Miller, Jr.

Protection Senior Vice President 79 Elm Street Nuclear Safety and Oversight Hartford, CT 06106-5127 Northeast Utilities Service Company P. O. Box 270 Mr. Allan Johanson, Assistant Hartford, CT 06141-0270 Director Office of Policy and Management Mr. E. A. DeBarba Policy Development and Planning Vice President - Nuclear Technical Division Services 80 Washington Street Northeast Utilities Service Company Hartford, CT 06106 P. O. Box 128 Waterford, CT 06385 Mr. S. E. Scace, Vice President Nuclear Reengineering Implementation Mr. F. C. Rothen Northeast Utilities Service Company Vice President - Nuclear Work P. O. Box 128 Services Waterford, CT 06385 Northeast Utilities Service Company P. O. Box 128 Mr. W. J. Riffer Waterford, CT 06385 Nuclear Unit Director Millstone Unit No. 1 Mr. Ernest C. Hadley, Esq.

Northeast Nuclear Energy Company 1040 B Main Street P.O. Box 128 P. O. Box 549

-Waterford, CT 06385 West Wareham, HA 02576 Regional Administrator Mr. John Buckingham Region I Department of Public Utility Control U.S. Nuclear Regulatory Commission Electric Unit 475 Allendale Road 10 Liberty Square King of Prussia, PA 19406 New Britain, CT 06051 First Selectmen Mr. B. D. Kenyon, President Town of Waterford Nuclear Group l

Hall of Records Northeast Utilities Service Company 200 Boston Post Road P. O. Box 128 l

Waterford, CT 06385 Waterford, CT 06385 i