ML20132E139

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Discusses Investigation Rept 4-96-004 on 960123-0628 & Forwards NOV
ML20132E139
Person / Time
Site: Waterford 
Issue date: 12/19/1996
From: Callan L
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV)
To: Gracin R
AFFILIATION NOT ASSIGNED
Shared Package
ML20132E143 List:
References
EA-96-052, EA-96-52, NUDOCS 9612230066
Download: ML20132E139 (4)


Text

{{#Wiki_filter:. i S N Oq UNITED STATES NUCLEAR REGULATORY COMMISSION 3 R EGION IV S /[ 611 RYAN PLAZA DR8VE, SulTE 400 +9 AR LINGTON. TEXAS 760118064 December 19, 1996 IA 96-052 Richafd M. Gracin [HOME ADDRESS DELETED PURSUANT TO 10 CFR 2.790]

SUBJECT:

NOTICE OF VIOLATION (Investigation Report No. 4-96-004) l

Dear Mr. Gracin:

This refers to the investigation conducted by the NRC's Office of Investigations involving a violation of escort-to-visitor ratio into vital j areas at the Entergy Operations. Inc. Waterford 3 facility. Based on the investigation, the NRC was concerned that you provided false information concerning the event to the licensee and to an NRC Region IV inspector. A letter documenting the apparent violation was sent to you on September 11. 1996. Our letter provided you with an opportunity to either respond to the apparent violation in writing within 30 days, or request a predecisional enforcement conference within 7 days of the date of the letter. However as of the date of this letter, we have received no response from you. Since we have had no response to our September 11, 1996 letter. the NRC has ) resumed that you chose not to respond, and the NRC has reached a decision Jased on the information currently available. Based on the information developed during the investigation, the NRC has determined that a violation of NRC requirements occurred. The violation is cited in the enclosed Notice of Violation (Notice). In summary, the violation occurred when you deliberately? provided false >informationttosthe licensee and to an NRC inspector regarding the' timing of_your actions as to the number of escorts-that were provided with a group of visitors inside the vital area. 'Specifically. you informed the licensee and the NRC ins)ector that you had taken steps to preclude the visitors from entering t1e plant's vital area on September 12, 1995, thereby i preventing a violation. As a result the NRC inspector relied on that information and concluded that no violation had occurred. However, the licensee later determined that this was not the case. that you knew the visitors were already in the vital area without the required number of escorts, and that you (after-the-fact) took steps to correct the situation. The NRC notes that you were a security shift supervisor and the NRC expects i supervisors to ensure that information provided to the licensaa and to the NRC is complete and accurate at all times. A supervisor knowingly providing false information to an NRC inspector and to the licensee is a matter of significant regulatory concern. Therefore. this violation has been categorized in accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions" (Enforcement Policy). NUREG-1600 at Severity Level III. ~ 9612230066 961219 PDR ADOCK 05000458 G PM

Richard M. Gracin The NRC notes that you were disciplined by Entergy Operations. Inc. after this was discovered, and that you were terminated. The enclosed Notice of Violation carries with it no additional sanctions. i.e.. the NRC is placing no restrictions on your ability to seek employment in NRC-licensed activities in the future. However, you should be aware that this letter and Notice of Violation will be a matter of public record and will be published in NUREG-0940. a public compilation of significant agency enforcement actions which is made available to licensees of the NRC and the public. In addition, we expect that if you are re-employed in NRC-licensed activities in the future. that you understand the importance of strict compliance with all requirements and will assure that all procedures are followed. You are required to respond to this letter and should follow the instructions specified in the enclosed Notice when preparing your response. The NRC will use your response, in part, to determine whether further enforcement action is necessary to ensure compliance with regulatory requirements. In accordance with 10 CFR 2.790 of the NRC's " Rules of Practice." a copy of this letter, its enclosure, and your response will be placed in the NRC Public Document Room (PDR). Should you have any questions regarding this letter. please contact either Michael Vasquez or Gary Sanborn at 1-800-952-9677. Sincerely. ~ L. Callan Regional Administrator Docket No. 50-458 License No. NPF-38

Enclosure:

Notice of Violation cc (w/ enclosure): R. F. Burski Director. Nuclear Safety Waterford 3 Entergy Operations. Inc. P. O. Box B Killona. Louisiana 70066

9 Richard M. Gracin, 1-{'/ DISTRIBUTION: PDR lE44I LPDR Enforcement Coordinators SECY RI. RII. RIII CA JGilliland. PA (0-2G4) JTaylor. EDO (0-17G21) HBell. OIG (T-5028) JMilhoan. DEDR (0-17G21) GCaputo. 01 (0-3E4) JLieberman. OE (0-7H5) EJordan. AEOD (T-4D18) LChandler. OGC (0-15B18) LTremper. OC/LFDCB (T-9E10) JGoldberg. OGC (0-15B18) OE:MSatorius (0-7H5) Director. NRR (0-12G18) OE:EA (2) (0-7H5) (Also by E-Mall) RZimmerman. NRR/ADP (0-12G18) .NUDOCS= CPatel. NRR (0-13H3) RIV DISTRIBUTION: E-mail to: 0EMAIL SJCollins (SJC1) RWise (RXW) BHenderson (BWH) MHammond (MFH2) DKunihiro (DMK1) CHackney (CAH) WBrown (WLB) JDyer (JED2) LWilliamson (ELW1) KPerkins (KEP) DChamberlain (DDC) LKeller (LAK) PHarrell (PHH) KBrockman (KEB) TPGwynn (TPG) BMurray (BXM) TDexter (TWD) GMVasquez (GMV) Copies to: RIV Files MIS Coordinator LJCallan* Reading File GSanborn>EAF11e l i \\ \\ k f-y\\ ')30005 uk @.nb- _e N DE D RA:kV }D:0 M ( DYDR f I ' M$atorius LJCallan lJLikhman bMilhoan It/n/96 12/i\\/96 l12M /96 12//f /96 nor w. . a.snecaeceseause. =e

l Richar d M. Gracin ' DISTRIBUTION: PDR IE 14 LPDR Enforcement Coordinators SECY RI. Ril. Rill CA JGilliland. PA (0-2G4) JTaylor. EDO (0-17G21) HBell. OIG (T-5D28) JMilhoan. DEDR (0-17G21) GCaputo. 01 (0-3E4) 4 JLieberman. OE (0-7H5) EJordan. AEOD (T-4018) LChandler. OGC (0-15B18) LTremper. OC/LFDCB (T-9E10) JGoldberg OGC (0-15B18) DE:MSatorius (0-7H5) i Director. NRR (0-12G18) OE:EA (2) (0-7H5) (Also by E-Mail) RZimmerman. NRR/ADP (0-12G18) NUDOCS CPatel. NRR (0-13H3) RIV DISTRIBUTION: E-mail to: 1 0[ Mall SJCollins (SJCl) RWise (RXW) BHenderson (BWH) MHammond (MFH2) DKunihiro (DMKl) CHack.ney (CAH) WBrown (WLB) JDyer (JED2) ) LWilliamson (ELWl) KPerkins (KEP) DChamberlain (DDC) LKeller (LAK) PHarrell (PHH) KBrockman (KEB) TPGwynn (TPG) BMurray (BXM) TDexter (TWD) GMVasquez (GMV) Copies to-RIV Files MIS Coordinator LJCallan Reading File GSanborn>EAFile uh V !' x \\ u% L OE [ RA:YIV }D:0N (DTDh f I ' H$atorius LJCallan lJLiban JH11hoan If/n/96 12/1%/96 12;N/96 12/// /96}}