ML20133K438
| ML20133K438 | |
| Person / Time | |
|---|---|
| Site: | Cooper  |
| Issue date: | 08/22/1996 |
| From: | Callan L NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV) |
| To: | Laplant T AFFILIATION NOT ASSIGNED |
| References | |
| EA-96-277, NUDOCS 9701210225 | |
| Download: ML20133K438 (4) | |
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l s p Rico UNITED STATES 4
NUCLEAR REGULATORY COMMISSION
,g R EGION IV l
- 8 611 RYAN PLAZA DRIVE, SUITE 400 g
9 AR LINGTON, TEXAS 76011-8064 August 22, 1996 EA 96-277 Terrance E. LaPlant
[Home address removed from copies pursuant to 10 CFR 2.790]
i
SUBJECT:
PREDECISIONAL ENFORCEMENT CONFERENCE (NRC INVESTIGATION 4-96-002)
Dear Mr. LaPlant:
s This is in reference to an investigation conducted by the NRC's Office of Investigations (01) involving a control rod mispositioning incident at the Cooper Nuclear Station on January 7. 1996.
The purpose of the investigation was to determine whether actions taken by you and other licensed operators in a
response to this incident were deliberately in violation of plant procedures.
]
Based on our review of the information obtained by 01, as well as information i
obtained from the Nebraska Public Power District during a meeting conducted on August 5. 1996 (see enclosures 4 and 5), the NRC is concerned that a violation of the NRC's rule prohibiting deliberate misconduct 10 CFR 50.5. may have occurred. This rule (see enclosure 2) prohibits taking actions that a person i
knows would cause a violation of procedures or requirements.
1 The apparent violation of 10 CFR 50.5 involves you and another licensed 1
operator making a decision to implement a recovery plan for a mispositioned d
control rod without first informing either the control room supervisor or 1
shift supervisor and without obtaining the concurrence of the shift supervisor i
and the reactor engineer.
CNS procedure 10.13. " Control Rod Sequence and Movement Control." requires concurrence in such a recovery plan.
On August 14. 1996. the NRC's concern that a violation of 10 CFR 50.5 may have occurred and the NRC's interest in conducting a predecisional enforcement conference were discussed with you.
The conference will take place at 3 p.m.
on Thursday. September 5. in Room 180 of the Robert Denney Federal Building.
100 Centennial Mall North. Lincoln. Nebraska. An agenda for the conference is enclosed (see enclosure 1).
This conference will be transcribed.
As discussed with you, this conference is predecisional because the NRC has not made a final determination that violations of NRC requirements occurred or that enforcement action will be taken against you.
The purposc of the I
conference is to discuss the apparent violation and the circumstances
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surrounding it, and to give you an opportunity to provide your perspective on thisissueandanyotherinformationthatyoubelieveisrelevanttotheNRC's)),((M enforcement determination.
You are specifically invited to address the factors that the NRC normally considers in determining whether enforcement action should be taken against individuals.
These factors are described in 970Y210225 960822 PDR ADOCK 05000298 0
Mr. Terrance LaPlant,
Section VIII. Enforcement Actions Involving Individuals. of the enclosed copy of the " General Statement of Policy and Procedures for NRC Enforcement Actions." NUREG-1600.
If the NRC concludes that you deliberately caused or committed a violation of NRC requirements. the possible sanctions include, but are not limited to. a Notice of Violation or an order.
An order may ]rohibit involvement in NRC-licensed activities require notice to the NRC 3efore resuming involvement in NRC-licensed activities or require notice to a prospective employer that the person has been the subject of an NRC order.
If the NRC does not conclude that you deliberately caused or committed a violation, but concludes that you nonetheless committed a violation of procedural requirements, the NRC may consider issuing a Notice of Violation to you for violating the conditions of the NRC license that you held at the time of the incident.
Although not required. you may provide the NRC a written reply to the apparent violation prior to or at the conference.
In addition, as discussed with you.
you may have an attorney or personal representative attend the conference but should understand that the NRC will address its questions to you.
Furthermore. you are not required to attend the conference. but should understand that if you do not. the NRC will make an enforcement decision on the basis of the information developed during and subsequent to the t
investigation.
You will be advised by separate correspondence of the results of our deliberations on this matter.
No response regarding this apparent violation is required at this time.
Should you have any questions about this letter or the conference, or should you decide not to attend. please contact Gary Sanborn at 1-800-952-9677 or 817-860-8222.
The NRC will delay placing a copy of this letter into the NRC Public Document Room (PDR) until an enforcement decision has been made.
At that time. in accordance with 10 CFR 2.790 of the NRC's " Rules of Practice," a copy of this letter. with your home address removed. will be placed in the PDR.
Sincerely.
L.
.allan Regio al Administrator Docket No. 55-40241 License No. SOP-43398-1
Enclosures:
1.
Predecisional Enforcement Conference Agenda 2.
10 CFR 50.5. Rule on Deliberate Misconduct 3.
June 27. 1996 letter to NPPD (EA 96-202) 5.
August 7. 1996 Predecisional Enforcement Conference Summary (EA 96-202)
3 PREDECISIONAL ENFORCEMENT CONFERENCE AGENDA CONFERENCE WITH TERRANCE E. LaPLANT FORMER LICENSED OPERATOR. COOPER NUCLEAR STATION SEPTEMBER 5, 1996 ROBERT DENNEY FEDERAL BUILDING LINCOLN, NEBRASKA j
1.
INTRODUCTIONS /0PENING REMARKS - Ken Brockman 2.
ENFORCEMENT PROCESS - Gary Sanborn 3.
APPARENT VIOLATIONS & REGULATORY CONCERNS - Mr. Brockman 4.
INDIVIDUAL PRESENTATION - Terrance LaPlant 5.
BREAK (10-MINUTE NRC CAUCUS IF NECESSARY) 6.
RESUMPTION OF CONFERENCE 7.
CLOSING REMARKS - Mr. LaPlant 8.
CLOSING REMARKS - Mr. Brockman
Mr. Terrance LaPlant bcc w/ Enclosure 1 only:
via e-mail:
hard copies to:
l LJCallan (LJC1)
Sanborn/EA File SJCollins (SJC1)
RIV Files RWise (RXW)
OE:EA File WLBrown (WLB)
KBrockman EWilliamson (ELW1)
ECollins KBrockman (KEB)
GTracy (GMT)
JDyer (JED2)
DChamberlain (DDC)
ECollins (EEC)
TMcKernon (TOM)
OEMAIL JLieberman (JXL)
JGray (JRG)
MSatorius (MAS)
JBeall (JEB2)
WBeckner (WDB)
DWigginton (DLW)
DOCUMENT NAME: G:\\EA\\ DRAFT \\EA96277.LTR To receive copy of document, indicate in box:"C",= Copy without enclosures "E" = Copy with enclosures "N" = No copy E0 m ep l C:0B $Afl C:DRP/C lm D:DRS ga l 0 DD:0E i,J,,
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