ML20133P925

Notice of Violation Re Investigation Rept 4-95-056. Violations Noted:Da Harris Submitted Inaccurate Info to NRC

ML20133P925
Person / Time
Site:	Callaway
Issue date:	10/22/1996
From:	NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV)
To:
Shared Package
ML20133P896	List: ML20133P893 ML20133P925
References
IA-96-062, IA-96-62, NUDOCS 9701270154
Download: ML20133P925 (2)

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l NOTICE OF VIOLATION l David A. Harris IA 96-062 l

During an NRC investigation completed in July 1996, a violation of NRC requirements was identified. In accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions," NUREG-1600, the violation is listed below:

10 CFR 50.5 states, in part, that any employee of a contractor of any licensee may not deliberately submit to a licensee information that the person submitting the information knows to be inaccurate in some respect material to the NRC.

Contrary to the above, on September 26,1995, David A. Harris submitted information -

(i.e., a urine sample in response to be randomly selected for drug testing) which he knew was inaccurate in some respect material" the NRC. Specifically, Mr. Harris submitted a urine sample that had been altered .apered with in that its temperature was significantly elevated (it was tested at 12b / and 124.6 degrees Fahrenheit with two thermometers). The submittal of this sample was material to the NRC because random drug testing is required by NRC regulations in 10 CFR Part 26.(01013)

This is a Severity Level 111 violation (Supplement Vil).

Pursuant to the provisions of 10 CFR 2.201, David A. Harris is hereby required to submit a written statement or explanation to the U.S. Nuclear Regulatory Commission, ATTN:

Document Control Desk, Washington, D.C. 20555 with a copy to the Regional Administrator, Region IV,611 Ryan Plaza Drive, Suite 400, Arlington, Texas 76011, within 30 days of the date of the letter transmitting this Notice of Violation (Notice). This reply should be clearly marked as a " Reply to a Notice of Violation" and should include for each violation: (1) the reason for the violations, or, if contested, the basis for disputing the violation, (2) the corrective steps that have been taken and the results achieved, (3) the corrective steps that will be taken to avoid further violations, and (4) the date when full compliance will be achieved. Your response may reference or include previous docketed correspondence, if the correspondence adequately addresses the required response. if an adequate reply is not received within the time specified in this Notice, an order or a Demand for Information may be issued as to why such other action as may be proper should not be taken. Where good cause is shown, consideration will be given to extending the response time.

Under the authority of Section 182 of the Act, 42 U.S.C. 2232, this response shall be submitted under oath or affirmation.

Because your response will be placed in the NRC Public Document Room (PDR), to the extent ,

possible, it should not include any personal privacy, proprietary, or safeguards information so I that it can be placed in the PDR without redaction. If personal privacy or proprietary I information is necessary to provide an acceptable response, then please provide a bracketed  !

copy of your response that identifies the information that should be protected and a redacted I copy of your response that deletes such information. if you request withholding of such material, you must specifically identify the portions of your response that you seek to have withheld and provide in detail the bases for your claim of withholding (e.g., explain why the ,

disclosure of information will create an unwarranted invasion of personal privacy or provide '

the information required by 10 CFR 2.790(b)to support a request for withholding confidential 9701270154 961022 PDR ADOCK 05000483 G PDR 1

Notice of Violation 2-commercial or financial information). If safeguards information is necessary to provide an acceptable response, please provide the level of protection described in 10 CFR 73.21.

Dated at Arlington, Texas this 22nd day of October 1996 l