ML20136E252

Responds to Responding to NRC Re Investigation Rept 4-95-056

ML20136E252
Person / Time
Site:	Callaway
Issue date:	03/11/1997
From:	Dyer J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV)
To:	Harris D AFFILIATION NOT ASSIGNED
References
IA-96-062, IA-96-62, NUDOCS 9703130156
Download: ML20136E252 (2)

Text

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March 11. 1997 lA 96-062 l l

Mr. David A. Harris

[HOME ADDRESS DELETED I UNDER 10 CFR 2.790]

SUBJECT:

NOTICE OF VIOLATION (NRC INVESTIGATION REPORT 4-95-056) 1 Dear Mr. Harns.

This is in response to your letter dated January 22,1997. Your letter replied to our January 21,1997 letter, in which we informed you that we had no record of receiving a reply from you to a Notice of Violation issued on October 22,1996, and therefore considered the enforcement action final.

In your January 22,1997, letter, you stated that you had submitted a response to the Notice of Violation and attached a copy of a letter dated November 11,1996 to L. J. Callan, Regional Administrator. We have reviewed our files and have no record of receipt of your November 11 response. Nevertheless, we have reviewed both of your letters and acknowledge your position that you did not knowingly submit inaccurate information to Union Electric in the form of an altered urine sample, in our opinion, however, you have not provided sufficient information to alter our conclusions with respect to your actions and we consider our enforcement action final.

You also requested copies of the NRC investigation report, including a copy of the deposition you provided to the NRC. Since investigation reports are not normally made public, the process for requesting the report is through the Freedom of Information Act (FOIA). We have appropriately marked a copy of your letter as a FOIA request and forwarded it to the Director, Division of Freedom of Information and Publication Services for appropriate action. The NRC's FOIA branch will respond to this request. You do not have to resubmit your request. Enclosed for your information is a copy of the regulations that relate to requests under the FOIA. Your attention is directed to 99.23(b).

In accordance with Section 2.790 of the NRC's " Rules of Practice," Part 2, Title 10, Code of Federal Regulations, a copy of this letter and your responses, with your home address removed, will be placed in the NRC's Public Document Room.

Sincerely, D W ) ;!:/

J. E. Dyer Acting Regional Administrator

Enclosure:

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Mr. David A. Harris bec w/o enclosure and w/home address deleted:

PDR NUDOCS JLieberman, OE RWatkins, OlG RZimmerman, NRR LCunningham, NRR KThomas, NRR OE:ES OE:EA JDyer-Reading File RIV Files MIS Coordinator GSanborn-EAFile LWilliamson, 01 e-mail to:

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KBrockman(KEB)

BMurray(BXM)

DSchaefer(DWS1)

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