ML20134G245
| ML20134G245 | |
| Person / Time | |
|---|---|
| Site: | Crystal River  |
| Issue date: | 09/19/1996 |
| From: | Ebneter S NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II) |
| To: | Brooks D AFFILIATION NOT ASSIGNED |
| References | |
| IA-96-058, IA-96-58, NUDOCS 9702100333 | |
| Download: ML20134G245 (6) | |
See also: IR 05000302/1996007
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UNITED STATES
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NUCLEAR REGULATORY COMMISSION
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REGION ll
101 MARIETTA STREET, N.W., SUITE 2900
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GEORGIA 30323-0190
ITLANTA'ber 19, 1996
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IA 96-058
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Mr. David Brooks
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[HOME ADDRESS DELETED
UNDER 10 CFR 2.790]
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SUBJECT:
NRC INSPECTION REPORT NO. 50-302/96-07
Dear Mr. Brooks:
(
This refers to the inspection conducted on July 29 through August 2, 1996, at
the Crystal River Nuclear Plant. The inspection included a review of the
incident identified by Florida Power Corporation (licensee) involving your
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apparent failure to disclose your criminal history during the pre-employment
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screening process at the Crystal River Nuclear Plant - Unit 3.
The report
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docuthenting' the NRC inspection contains Safeguards Information: however, an
excerpt from th.e applicable portion of the report is provided as Enclosure 1.
,
The licensee's investigation of this matter revealed that while you were
employed by Brock and Blevins (a division of William Powers Company), you
falsified the Crystal River Personal History Questionnaire (PHQ) when you
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failed to ' include a complete record of prior criminal charges.
Based on the
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inaccurate information you provided on the PHQ, you were granted temporary,
unescorted access to the Crystal River site from February 13 through April 10,
1996, pending completion of Federal Bureau of Investigation (FBI) fingerprint
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checks.
Subsequent to your arrest on April 4,1996, the licensee received
your FBI fingerprint information which revealed criminal charges which were
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not included on your PHQ.
Upon the licensee's request, you returned to the
Crystal River Plant site to participate in the licensee's investigation.
You
stated that you were unaware of an outstanding warrant for your arrest and had
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unintentionally omitted the missing criminal charges from the PHQ.
Your site
access was subsequently terminated by the licensee.
2
You should be aware of the Commission's regulations ap)licable to this case.
First,10 CFR 73.56 requires each licensee to establisi and maintain an access
authorization program which provides a high degree of assurance that the
individuals granted unescorted access to protected and vital areas of a
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nuclear power plant are trustworthy and reliable. One required element of
"
CERTIFIED MAIL RECEIPT N0. Z 238 504 387
. RETURN RECEIPT REQUESTED
1
4
9702100333 960919
ADOCK 05000302
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D. Brooks
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this program is the completion of a background investigation including
verification of criminal history.
Second. 10 CFR 50.9(a). " Completeness and
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Accuracy of Information." provides, in part, that information required by the
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Commission's regulations or license. conditions to be maintained by.the
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licensee shall be-complete and accurate.in all material respects.
Lastly,
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10 CFR 50.5(a)(2), " Deliberate Misconduct." prohibits employees from
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deliberately submitting any information to a licensee that the person knows to
be incomplete or inaccurate. The NRC relies on accurate records of activities
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and the integrity of individual workers at nuclear power facilities to ensure
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the health and safety of the public and, therefore, expects no less than full
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compliance with all applicable requirements.
In this case, the NRC has decided not to pursue any formal enforcement action
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against you based on the information provided to us by Florida Power
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Corporation that you cooperated with their investigation and because NRC is
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unaware of similar actions by you at other facilities.
While formal
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enforcement action is not being taken against you in this matter, we are
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issuing this letter to emphasize to you the NRC's expectation that you provide
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complete and accurate information in all aspects of work at NRC licensed
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facilities.
NRC regulations provide for the issuance of civil sanctions
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directly against unlicensed persons who, through their deliberate misconduct.
cause a licensee to be in violation of NRC requirements.
Deliberate
misconduct includes an intentional act or omission that the person knows
constitutes a violation of a requirement, procedure or training instruction.
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An order also may be issued to an individual to prevent his or her engaging in
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licensed activities at all NRC licensed facilities.
A violation of this
regulation as set forth in 10 CFR 50.5 may also lead to criminal prosecution.
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Similar failures in the future could lead to civil or criminal action against
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you.
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You are not required to respond to this letter.
However, if you choose to
provide a response please provide it to me within 30 days of the date of this
letter at the U.S. Nuclear Regulatory Commission. Region II.101 Marietta
,
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Street. Suite 2900. Atlanta, GA 30323.
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In accordance with Section 2.790 of the NRC's " Rules of Practice." Part 2.
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Title 10. Code of Federal Regulations. records or documents compiled for
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enforcement purposes are placed in the NRC Publi- Document Room (PDR).
A copy
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of-this letter with your address removed, and your response, if you choose to
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submit one, will be placed in the PDR (within 45 days of the date of this
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letter unless you provide sufficient basis to withdraw this letter).
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D. Brooks
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If you have any questions or comments regarding this letter, please contact
Mr. Paul Fredrickson, Chief. Special Inspection Branch, at (404) 331-5596.
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Sincer,ely.
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Stewart D. Ebtfe' r
Regional Administrator
Enclosures:
1.
Excerpt from NRC Inspection Report
No. 50-302/96-07
2.
Deliberate Misconduct Rule
cc w/encls [with HOME ADDRESS DELETED]:
Florida Power Corporation
Crystal River Energy Complex
Mr. P. M. Beard. Jr. (SA2A)
Sr. VP Nuclear Operations
ATTN: Mgr.
Nuclear Licensing
15760 West Power Line ;;reet
Crystal River FL 34428-6708
)
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EXCERPT FROM NRC INSPECTION REPORT NO. 50 302/96 07
6.0
Access Authorization (TI 2515/127)
By letter dated May 27. 1992, t.he licensee submitted Revision 6 to the Crystal
River Nuclear Plant- PSP committing to the requirements of 10 CFR 73.56 and NRC
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Regulatory Guide 5.66. Access Authorization Proaram for Nuclear Power Plants,
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Upon discussion with licensee representatives, the inspector noted that four
Williams Power Company employees had recently been terminated due to possible
falsification. The inspector determined that the following contractors had
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falsified their Personal Histo y Questionnaires (PHQs):
A contractor was granted temporary unescorted access on
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January 18. 1996, and was terminated on April 12. 1996.
The
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individual's access was terminated for falsification of the PHQ in
which he failed to list previous criminal convictions.
In
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addition, while employed at Crystal River, the contractor failed
to report an arrest for Driving Under the Influence (DUI).
The
falsification was discovered by the licensee when the fingerprints
were returned to the licensee.
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A contractor was granted temporary unescorted access on
February 7,1996, and was terminated on April 12, 1996.
The
individual's access was terminated for falsification of the PHQ in
which he failed to list previous felony convictions.
The
falsification was discovered by the licensee when the fingerprints
were returned to the licensee.
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A contractor was granted temporary unescorted access on
February 17. 1996, and was terminated on March 12. 1996.
The
individual's access was terminated for falsification of the PHQ in
which he failed to list previous felony convictions.
The
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falsification was discovered by the licensee when the fingerprints
were returned to the licensee,
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A contractor was granted temporary unescorted access on
February 13, 1996, and was terminated on April 10, 1996.
The
individual's access was terminated for falsification of the PHQ in
which-he failed to list previous criminal convictions.
Prior to
the return of the fingerprints, the individual was arrested
offsite on outstanding warrant charges. The return of the
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fingerprints noted this outstanding warrant also.
The inspecto? noted that the PHQ given to the individuals to complete clearly
requested that the applicant provide information concerning any arrest,
conviction, indictment, charge or fined offense within their lifetime.
The falsification of Access Authorization records discussed above is being
considered further by the NRC.
This will be tracked as Unresolved Item (URI)
96-07-03.
Enc 5sure 1
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50A(b)
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RUtf 50 e DOMESTIC UCENSING OF PRODUCTION AND UTIUZATION FACluTIES
50.7(a)
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Nuclear Regulatory ca==tanta=
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Document Control Desk. Washington,
id) Delivery of communications.
(b) A person who violates paragraph
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DC 20885. two ospies to the APP'
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ruten communscauona may be
(ah (aX2M this medon may be
Regional Office, and one
dehvered to the Documesit Control Desk
subject to enforcement action in
appropriate NRC Residen
pectorif
at 11555 Rockville Pike. Rockville.
accordance with the procedures in to
.
one has been assigned to the site of the ; Maryland between the hours of 8:15 a.m.
CFR part 2. subpart B.
goog;ty,
g evid 4% p.m. E. stern Timt:. !! .
(c) For purposes of paragraph (a)(1) of
.
(i) r.mergency plan pursuant to i 50.34: suomittcl due date falls on Saiurda>.
g this section. deliberste masoonduct by a
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(ii) Change to an esmergency plan
- Sunuuy. or Federal holiday. the nest
3 person means an intendonal act or
pursuant to 6 80.54(q);
Federal working day becomes the
g' omission that the person knows
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(LH) Emergency tmplementing
CII'cial due date.
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(1) Would cause a licensee to be in
promdures pursuant to Appendix R.V of ~.
violation of any rule, regulation, or
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this part.
(e) Regulation governing submission.
Order, or any term. condition. or
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(6) UpdosedISAR. An updated Final
Umanaas and a
Safety Analysis Report (FSAR) or
. correspondence,pplicants submitting
limitation. of any license issued by the
'
reports andother
Commission. or
replacement pages, pursuant to
{ written communications pursuant to the
(2) Constitutes a violation of a
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I 80.71(a) must be subantted as follows: 7e regulations of this part are requested but
requirement. procedure instruedon.
,
the signed original and to copies to the
m not required to cite whenever practical.
contract. purchase order or policy of a
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Nuclear Regulatory e--
2 la the upper right corner of the first page
licensee, contractor, or subcontractor.
Document Control Desk. Weahington,
of the submittal the specific regulation
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DC 20585. one copy to the appropriate
or other basis, requiring submission.
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Regional Office. and one copy to the
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appropnate NRC Resident inspector if
lgg.7 empseyesproceeman.
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one has been assigned to the site of the
,
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(a) D!acnmination by a
n==<= dan
,
e
8 (7) Quality assurance related
(f) Conflicting requirements. The
Mcensee. an applicant for a Commission
license. or a contractor or subcontractor
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y submntols. (i) A change ta the Safety
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,",",'nd
b 0.
of a Commission licanees or applicant
si d
e Analysis Report quality assurance
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agamst an employee for angegangin
.
a.
.5a55.Sa55a.
- program desenption pursuant to
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certain protected activities is prohibited.
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3. 50 82. 50.90, and
Discrimin.uan includes discharge and
l 50.54(a)(3) or i 50.55(fl(3). or a change
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to a licensee's NRC. accepted quality
j 50.91 supersede and replace all existmg
other actions that relate to
requtrements in any license conditions
compensation. terms.=aasiaan or
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assurance topical report pursuant to
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l 50.54(a)(3) or i 50.56(f)(3). must be
or technical specifications in effect on
pnvileges of emplo
t. 'llis peonected
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submitted as follows: the signed onginal
January 5.1937. Exceptions to these
ties are estab shQin section 211
to the Nuclear Regulatory Commission,
requirements must be approved by the
g Energy
_
of
Document Control Desk. Washington.
Information and Records Management
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related to the administration er
DC 20558. one copy to the appropriate
Branch. Nuclear Regulatory
4
enforcement of a requuument unposed
4
Regional O!! ice. and one copy to the
Commission. Washington. DC 20555.
under the Atoauc Energy Act or the
appropnete NRC Resident inspector if
Telephone (301) 415 7230.
Erq(1) The protected activities include
Roorganlaation Act.
one has been assigned to the site of the
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Iscility,
(ii) A change to an NRC. accepted
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(i)Providing the n==wan or his or
e
quality assurance topical report from
" her employer mformation about alleged
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nonlicensees (i.e., architect / engineers.
3 vi lations of either of the statutes
NSSS suppliers fuel suppliers.
De8 Bed in paragrepa (a) introductory
constructors, etc.) must be submittad as
text of the secuan or possible violations
follows: one signed enginal to the
of requirements imposed under either of
those statutes:
Nuclear Regulatory Commission.
Iso.s Deu mrom nussonouct.
(til Refusing to engage in any practice
,
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Document Control Desk. Washington.
(a) Anylicensee or any employee of a
made uniswfut under either of the
DC 20555.
licensee; and any contractor (including a
statutee named in paragraph (el
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supplier or consultant). subcontractor. or
introductory text or under these
a
(c) form of communications. All
any employee of a contractor or
requirements if the employee has
i
copics submitted to meet the
subcontractor, of any licensee, who
identified the sileged tilegality to the
requirements set forth in paragraph (b)
knowmgly provides to any licensee,
employen
j
of this sectson must be typewritten,
contractor, or subcontractor.
W) Requesting the Conninission to
pnnted or otherwise reproduced in
components, equipment, matenals, or
,[h*8[a
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permanent form on unglaned paper.
other goods or services that relate to a
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enfortament of these requirements.
Exceptions to these requirements may
licensee's activities subject to this part:
(iv) Testifying in any ce==Aada=
, be granted for the submittal of
may not:
pmcmeding or before Congress. or at any
micrographic. photographic or
(1) Engage in deliberate misconduct
Federal or State p
regarding
4
i-
E electronic forms. Prior to making any
that causes or, but for detection. would
any provision (or
provisioni of
E submittalin other than paper form. the
5 have caused. a licensee to be in
either of the statutes named in
g applicant or licensee must contact the
$ violation of any rule. regulation. or
paragraph (a) introductory text.
.
,
Information and Records Management
order, or any term condition. or
I'l ^ssistmg or participating in. or is
i
Branch. Nuclear Regulatory
limitation of any license, issued by the
abou o masset or participate in, these
Commission. Washington. DC 20555.
Commission. or
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telephone 1301) 415 7230, to obtain
(2) Deliberately submit to the NRC. a
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specifications, copy requirements, and
licensee, or a licensee's contractor or
pnor approval.
subcontractor. information that the
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n subautting the information
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to be incomplete or inaccurate in
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some respect material to the NRC.
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Enclosure 2
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Distribution w/encls fwith HOME ADDRESS DELETEDl:
PUBLIC
EJulian SECY
BKeeling. CA
JTaylor. EDO
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JMilhoan. DEDR
WRussell NRR
RZimmerman. NRR
SEbneter. RII
LChandler. 0GC
JGoldberg. OGC
JLieberman. OE
Enforcement Coordinators
RI. RIII, RIV
EHayden. OPA
EJordan. AEOD
GCaputo. 01
HBeH. OIG -
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OE:EA File (B. Summers. OE) (2)
JBeall. OE
LRagahaven. NRR
JJohnson, RII
AGibson, RII
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CEvans. RII
Buryc. RII
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Klandis. RII
PFredrickson RII
LMellen RII
LStratton. RII
ABoland RII
KClark. RII
RTrojanowski, RII
NRC Resident Inspector
U.S. Nuclear Regulatory Commission
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6745 N. Tallahassee Road
Crystal River. FL 34428
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