ML20134G689
| ML20134G689 | |
| Person / Time | |
|---|---|
| Site: | Crystal River  |
| Issue date: | 09/19/1996 |
| From: | Ebneter S NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II) |
| To: | Baston J AFFILIATION NOT ASSIGNED |
| References | |
| IA-96-060, IA-96-60, NUDOCS 9702110004 | |
| Download: ML20134G689 (6) | |
See also: IR 05000302/1996007
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UNITED STATES
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NUCLEAR REGULATORY COMMISSION
REGION 11
101 MARIETTA STREET. N.W.. SUITE 2900
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ATLANTA, GEORGIA 3m234199
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September 19, 1996
IA 96-060
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Mr. John C. Baston
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[HOME ADDRESS DELETED
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UNDER 10 CFR 2.790]
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SUBJECT:
NRC INSPECTION REPORT NO. 50-302/96-07
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Dear Mr. Baston:
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This refers to the inspection conducted on July 29 through August 2.1996, at
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the Crystal River Nuclear Plant. The inspection included a review of the
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incident identified by Florida Power Corporation (licensee) involving your
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
documenting the NRC inspection contains Safeguards Information: however, an
excerpt from the applicable portion of the report is provided as Enclosure 1.
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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 various instances of prior criminal charges.
Based on the
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inaccurate information you provided on the PHQ you were granted temporary.
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unescorted access to the Crystal River site from January 18 through April 12.
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1996. pending completion of Federal Bureau of Investigation (FBI) fingerprint
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checks.
Subsequent to completion of your work at the Crystal River Nuclear
Plant, the licensee received your FBI fingerprint information which revealed
numerous criminal charges which were not included on your PHO. Upon the
licensee's request, you returned to the Crystal River Plant site to
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participate in the licensee's investigation.
You admitted the falsification,
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showed remorse for your actions, and also identified two additional
convictions, one of which occurred in 1996 and required reporting to the
licensee in accordance with a Responsibility to Report Arrest Form you signed
on January 17. 1996. Although you admitted that information was omitted from
the PHO during the interview, you stated that the Brock and Blevins staff told
you to report only your criminal history for the last five years. The NRC
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notes that such verbal instruction would be contrary to the written
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instructions on the PHQ which requires the identification of a complete
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criminal history.
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
nuclear power plant are trustworthy and reliable.
One required element of
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CERTIFIED MAIL RECEIPT NO. Z 238 504 386
RETURN RECEIPT REQUESTED
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9702110004 960919
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this program is the completion of a background investigation including
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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
deliberately submitting any information to a licensee that the person knows to
be incomplete or inaccurate.
The NRC relies on accurate records of activities
and the integrity of individual workers at nuclear power facilities to ensure
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
against you based on the information provided to us by Florida Power
Corporation that you cooperated with their investigation, admitted the
falsification and showed remorse for your actions and because NRC is unaware
of similar actions by you at other facilities. While formal enforcement
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action is not being taken against you in this matter, we are issuing this
letter to emphasize to you the NRC's expectation that you provide complete and
accurate information in all aspects of work at NRC licensed facilities.
NRC
regulations provide for the issuance of civil sanctions 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. An order also may be issued
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to an individual to prevent his or her engaging in licensed activities at all
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NRC licensed facilities.
A violation of this regulation as set forth in 10
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CFR 50.5 may also lead to criminal prosecution.
Similar failures in the
future could lead to civil or criminal action against you.
You are not required to respond to this letter.
However, if you choose to
provide a response, please 3rovide 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.
In accordance with Section 2.790 cf 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 Public Document Room (PDR).
A copy
of this letter with your address removed, and your response, if you choose to
submit one. will be placed in the PDR (within 45 days of the date of this
letter unless you provide sufficient basis to withdraw this letter).
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J. Baston
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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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Sincerely.
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Stewart D. Ebn t
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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 Street
Crystal River. FL 34428-6708
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Distribution w/encls fwith HOME ADDRESS DELETEDl:
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6745 N. Tallahassee Road
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Crystal River. FL 34428
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EXCERPT FROM NRC INSPECTION REPORT N0. 50 302/96 07
6.0
Access Authorization (TI 2515/127)
By letter dated May 27. 1992, the licensee submitted Revision 6 to the Crystal
River Nuclear Plant PSP committing to the requirements of 10 CFR 73.56 and NRC
Regulatory Guide 5.66. Access Authorization Proaram for Nuclear Power Plants.
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
falsified their Personal History Questionnaires (PHQs):
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A contractor was granted temporary unescorted access on
January 18, 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 criminal convictions.
In
addition, while employed at Crystal River, the contractor failed
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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
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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
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
fingerprints noted this outstanding warrant also.
The inspector noted that the PHQ given to the individuals to complete clearly
requested that tM 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)
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96-07-03.
Enclosure 1
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50.4(b)
PART 50 e DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION FACILITIES
Nuclear Regulatory Commission.
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Document Control Desk. Washington.
(d) Deh.rery o/commurucations.
(b) A person who violates paragraph
Wuen commumcations may be
(a)(1) or (a)(2) of this section may be
DC 20555. two copies to the opp
Regional Office. and one copy to t$ristedelivered t the Document Control Desk
subject to enforcement action in
e
appropnete NRC Resident inspector if
ll; at 11555 Rockville Pika. Rockville.
accordance with the procedures in 10
one has been assigned to the site of the
- Maryland between the hours of 8
- 15 a.m.
CFR part 2. subpart B.
facility
- "nd 4% p.m. E siern Timc. !! .
(c) For purposes cf paragraph (a)(1) of
(i) FEergency plan pursuant to i 50.34: I sunmittcl due date falls on Saturde.
g this section, deliberate misconduct by n
(ii) Change to an emergency plan
- Sunday or Federal hohdas. the nes:
S person means an intentional act or
pursuant to i 50.54(q);
it deral workmg da) becomes the
g omission that the person knows:
(iii) Emergency implementing
official due date,
g
(1) Would cause a licensee to be in
procedures pursuant to Appendix E.V of C (e)Regulationgoverningsubmission.
Vi0letio's of any rule, regulation, or
,
this part.
order, or any term. condition, or
(e) UpdatedFSAR. An updated Final
I.icensees and applicanta submitting
limitation. of any license issued by the
Safety Analysis Report (FSAR) or
cwnspondence. reports, and other
Commission. or
replacement pages, pursuant to
@ writteri communications pursuant to the
(2) Constitutes a violation of a
i 50.71(e) must be submitted as follows: g regulations of this part are requested but
requirement. procedure. instruction.
the signed original and to copies to the . not required to cite whenever practical.
contract. purchase order or policy of a
Nuclear Regulatory Commission.
2 in the upper right corner of the first page
licensee, contractor or subcontractor.
Document Control Desk. Washington,
of the submittal the specific regulation
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DC 20555 one copy to the appropriate
or other basis, requiring submission.
Regional Office and one copy to the
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appropnate NRC Resident inspector if
one has been assigned to the site of the
Isa.7 asseseysepreesemen.
facility *
(s) Dlacrimination by a Commission
_
(7) Quality assurance related
(f) Conflicting requirements. The
hcansee, an applicant for a Comuuasion
submittals. (i) A change to the Safety
communications requirements contamed
ucense, w a contractor a subcontractor
fc Analysis Report quahty assurance
g in &is nedon and H 5a12. Sam 236.
of a Comrmuion heensee or applicant
sBamat an employee for engasms in
- program desenption pursuant to
A. Sa36a. Sa44. Sa49. 50.54. 50.55. 50.55a.
certain protected activities is prohibited.
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'a i 50.54(a)(3) or i 50.55(f)(3), or a change
50.59. 50.62. 50.71. 50.73. 50.82. 50.90. and
Discnmanation includes discharge and
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to a licensee's NRC-accepted quality
@ 50.91 supersede and replace all existmg
other actions that relate to
assurance topical report pursuant to
nqmr mts m any hcense conditions
compensation, terms. conditions, or
i 50.54(a)(3) or i 50.55(f)(3)* must be
w tehal specifications in effect on
privileges of employment. De protected
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January 5.1987. Exceptions o these
actmties are established in section 211
requirementa must be approved by the
of e Eners
au
of
o th
uclear e
t
as n
,
Document Control Desk. Washington.
Inf rmation and Records Management
DC 20555. one copy to the appropnate
Branch. Nuclear Regulatory
,,i,,,,n,, me adminstranon or
i
enivreemem of a requirement impond
Regional Office. and one copy to the
Commission. Washington. DC 0555.
under the Atomic Energy Act or the
appropnate NRC Resident inspector if
Telephone (301)415 7230.
Energy Reorgamzauon Act.
one has been assigned to the site of the
8
(1) the protected activities include
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facility.
g but are not limited to:
(ii) A change to an NRC-secepted
y
(i) Providing the Commission or his or
quality assurance topical report from
" her employer information about alleged
nonlicensees (i.e. architect / engineers.
3 vi lati ns of either of the statutes
NSSS suppliers. fuel suppliera,
named in paragrepn (a) introductory
constructors, etc.) must be submitted as
g** u rem s$mpo
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follows: one signed onginal to the
a
urti e ther of
_,
those statutes:
Nuclear Regulatory Commission.
5 50.5 Deutnerate misconduct.
(ill Refusmg to engage in any practica
Document Control Desk. Washington.
(a) Any licensee or any employee of a
made unlawfut under either of the
DC 20555.
licensee: and any contractor (including a
statutes named in paragraph (a)
I
suppher or consultant), subcontractor, or
introductory text or under these
(c) form ofcommunications. All
any employee of a contractor or
requirements if the employee has
copics submitted to meet the
subcontractor, cf any licensee. who
identified the alleged illegality to the
requirements set forth in paragraph (b)
knowmgly provides to any licensee.
employer;
of this section must be typewntien.
contractor, or subcontractor.
(iii) Requesting the Commission to
pnnted or otherwise reproduced in
insts u a
og s
a h*
components. equipment. materials. or
permanent form on unglazed paper,
other goods or services, that relate to a
,,p
g
gn w
Exceptions to these requirements may
licensee's activities subject to this part:
enforcement of thew requirements:
, be granted for the submittal of
(iv) Testifying in any Commission
, may not:
proceeding. or before Congress, or at any
- micrographic. photographic.or
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(1) Engage m deliberate misconduct
Federal or State proceeding regarding
o
Z electronic forms. Prior to making any
- that causes or, but for detection. would
any provision (or proposed provision) of
E submittalin other than paper form. the
- have caused. a hcensee to be in
either of the statutes named in
g applicant or hcensee must contact the
$ violation of any rule regulation, or
paragraph (a) introductory text.
Information and Records Management
order, or any term. condition. or
(v) Assisting or participating in, or is
Branch. Nuclear Regulatory
limitation of any hcense issued by the
abou to assist or participate in, thne
Commission. Washington. DC 20555.
Commission. or
telephone (301)415-7230 toobtain
(2) Deliberately submit to the NRC. a
specifications. copy requirements. and
licensee. or a licensee's contractor or
pnor approval.
subcontractor. information that the
person submitting the information
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knows to be incomplete or inaccurate in
some respect matenal to the NRC.
September 29,1995
50-6
Enclosure 2
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