ML20134J345
| ML20134J345 | |
| Person / Time | |
|---|---|
| Issue date: | 05/17/1996 |
| From: | Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Colapinto D AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML20134H832 | List:
|
| References | |
| FOIA-96-379, FOIA-96-386 NUDOCS 9611150164 | |
| Download: ML20134J345 (2) | |
Text
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _._ _ __
I
! a
[ } NUCLEAR REGULATORY COMMISSION nowiercu. o.c. somewan l
l *...* January 3, 1996 l yp WV f \
j aid A. Thompson h
l
Dear Mr. Theapson,
, has advised me o your regulato'ry concern regarding the se enent agreement that you r.eached In October Igg 5 with Houston Lighting and Power (HL&P). He has also provided j me with copies of the infomation you provided with the financial terms of the agreement deleted.
j It appears that certain language in the third and fourth sentences of i paragraph 5.b. and the first sentence of paragraph 5.e. of the settlement
! agreement dated October 25,19g5, may give rise to a conflict with Nuclear j Regulatory Commission (NRC) requirements. Insofar as this language appears to i commit HL&P to not reveal to another nuclear power reactor licer.see l
Information relevant to safety matters covered by NRC rules, the sentences, in
- our view, are contrary to public policy. It also appears that certain j language in paragraph 5.f. is inconsistent with the language in paragraphs j 5.b. and 5.e. of the settlement agreement insofar as it provides an exception ;
! to confidentiality. Regardless of how that inconsistency may be resolved, the j NRC position is as stated below.
l We note that the suspension of unescorted access in this case is not a bar to i future employment in a 11 censed nuclear power reactor. It is, however, a fact
- that the NRC considers relevant and material to the decision of a licensee e
regarding unescorted access to protected or vital areas at a nuclear power reactor. If an inquiry is made of HL&P by another NRC nuclear power reactor licensee or its contractors or subcontractors pursuant to NRC rules, we would expect HL&P to reveal the suspension. Further, according to NRC rules, it is incumbent upon you to reveal the suspension if asked by a future employing NRL nuclear power reactor licensee or its contractors or subcontractors pursuant to NRC rules. If you or HL&P falls to provide information regarding the suspension of your unescorted access authorization as required by NRC regulations, the failure will be a violation of NRC regulations and the '
violator may be subject to enforcement action by the NRC. l In summary, it is-our position that you, ML&P, and any potential future employing NRC nuclear power reactor licensee must comply with NRC regulations that govern identifying the suspension of unescorted access to protected or l vital areas of nuclear power reactors. The regulations that apply are given !
in the following sections of Title 10 of the code of Federal Reaulations: 1 Part 26, " Fitness For Duty Programs"; Section 50.6, ' Deliberate misconduct";
and Section 73.56, " Persons,el access authorization requirements for nuclear r w r plevits.' I have enclosed information on the appItcable parts of the regulations for your information.
y g 2-
\\L 9611150164 961105 NRC FM CENTER C,0PY o PDR FOIA PATTERS96-379 PDR , j) [l
" ' ~ ~
.. _ ... - . . - ... - . - - - - - ==
b$ ' , Vl6o b
Mr. Ronald A. Thompson l*
l Due to the regulatory significance of your concern we have provided the above
! information to HL&P and asked that it advise us of as to what actions it 4 intends to take if an inquiry such as described above is made regarding you.
We also asked HL&P to advise us of any other settlement agreements of this nature that it has reached with other individuals, any subsequent inquiries
! such as described above regarding those individuals, and any HP&L responses to such inquiries.
! I hope this adequately addresses your concern. If you have any questions, please contact Nancy Ervin of my staff. She can be reached at (301) 415-2946.
l i
- Sincerely, j Original signed by I i
William T. Russell, Director
! Office of Nuclear Reactor Regulation 2 i i
Enclosure:
As stated !
1 l
l Distrilmt' an- -
! Central F91es i PSG8 r/f l l 8. Grimes l J. Lee i
i.
t l
- . 4 l
aey SE h k = Qw sent staturt#dase T - Gy nei M ay j OFFICE PSG8:NRR It BC:PSG8:NRSAE OGC kE #6 016 k t M.J l D:PR$fM)R#c .e RWatkins 1 #
W
- NAME NEErvin 'Jr LJCunntsihap M RFonner'. 8 % OtKrutch@ eld l Er-.i E%-- =
NAE WTRusseL) r- = - - =":- -
l DATE 12/i3/95 l OFFICIAL RECORD COPY e
)
i J
l h
l
!, NRC REGULATIONS THAT GOVERN IDENTIFYING THE SUSPENSION OF UNESCORTED ACCESS j TO PROTECTED OR VITAL AREAS OF NUCLEAR POWER REACTORS l i
i I 10 CFR 26.27(a)(1)(1) requires that licensees obtain written statements from j individuals being considered for unescorted site access as to whether they
! were ever denied activities within the scope of the rule. Suspension of i unescorted access to protected or vital areas of a nuclear power reactor
- because of fitness-for-duty concerns pertaining to mental impairment is viewed
- as a dental within the scope of the rule. '
i l 10 CFR 26.27(a)(2) requires that licensees complete suitable inquiries to l determine if the individuals addressed in 10 CFR 26.27(a)(1) have ever been denied unescorted access at any other nuclear power plant. Suspension of j unescorted access is viewed as a temporary denial that can become permanent.
I i 10 CFR 26.27(b) states, " Failure to list reasons for removal or revocation of unescorted access is s fficient cause for dental of unescorted access."
10 CFR 50.5(a)(2) states, "Any licensee or any employee of a licensee; and any i contractor (including a supplier or consultant), subcontractor, or any employee of a contractor or subcontractor, of any licensee, who knowingly i provides to any licensee, contractor, or subcontractor, components, equipment.
! materials, or other goods or services, that relate to a Itcensee's activities
- subjest to this part; may not
- ... Deliberately submit to the NRC, a licensee, '
i or a licensee's contractor or subcontractor, information that the person
! submitting the information knows to be incomplete or inaccurate in some
- respect material to the NRC". Information regarding suspension of unescorted access is viewed as being material to the NRC.
10 CFR 50.5(b) addresses enforcement actions that may be taken against persons
)
who violate 10 CFR 50.5(a)(2).
i 10 CFR 73.56(b)(4) states " Failure by an individual to report any previous 1 suspension, revocation, or denial of unescorted access to nuclear power ,
i reactors is considered sufficient cause for dental of unescorted access j authorization."
10 CFR 73.56(f)(2) requires that licensees make information obtained in accordance with the rule available to other licensees, contractors. or vendors provided the requests for information are accompanied by signed releases from the individuals being processed for unescorted access.
ENCLOSURE