ML20136H961

Notice of Violation from Investigation Rept 3-96-024 on 960513-0828.Violation Noted:Gl Goodchild,Radiochemistry Technician at Plant,Engaged in Delibrate Misconduct by Failing to Perform QA Check HP5890 on 960424

ML20136H961
Person / Time
Site:	Point Beach
Issue date:	11/14/1996
From:	NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To:
Shared Package
ML20136H949	List: ML20136H945 ML20136H961
References
IA-96-072, IA-96-72, NUDOCS 9703190382
Download: ML20136H961 (3)

Text

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NOTICE OF VIOLATION Hr.' Gregory L. Goodchild IA 96-072 (H0ME ADDRESS DELETED UNDER 10 CFR 2.790]

During an NRC investigation conducted from May 13 through August 28, 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 set ~forth below: .

10 CFR 50.5 provides, in part, that any employee of a licensee who (1) engages ,

in deliberate misconduct that causes a licensee to be in violation of any 1 rule, regulation, or order, or any term condition, or limitation of any license, issued by the Commission, or (2) deliberately submits to the NRC or ,

licensee information that the person submitting the information knows to be 4 incomplete or inaccurate in some respect material to the NRC may be subject to enforcement action in accordance with 10 CFR Part 2, Subpart B.

Technical Specification 15.6.8.1 requires, in part, that the plant be operated and maintained in accordance with approved procedures. Major procedures, supported by minor procedures (such as chemistry analytical procedures) shall be provided for operations where these operations involve nuclear safety. .

-l Procedure CAMP-107, Revision 22, dated December 5, 1995, Steps 6.1 and 6.2.1 requires a QA check of the Hewlett Packard gas chromatograph (HP5890) before the first analysis is performed each day.

Contrary to the above, Mr. Gregory L. Goodchild, a radiochemistry technician employed by. Wisconsin Electric Company (licensee) at the Point Beach Nuclear Plant, (1) engaged in deliberate misconduct when he failed to perform a QA check of the HP5890 at 12:43 a.m. on April 24, 1996, which placed the licensee in violation of Procedure CAMP-107; and (2) deliberately provided false i information.to the licensee by maintaining that he had performed the QA check after being confronted with evidence to the contrary during an interview with the licensee's Production Manager, Chemistry Manager, and day supervisor on April 30, 1996. The incomplete and inaccurate information was material to the NRC because the licensee relied,on the information during its investigation to determine whether a QA check had been performed in accordance with Technical Specification 15.6.8.1 and Procedure CAMP-107. (01014)

This is a Severity Level IV violation (Supplement I).

Pursuant to the provisions of 10 CFR 2.201, Mr. Mr. Gregory L. Goodchild may 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 3egional Administrator, NRC Region III, 801 Warrenville Road, Lisle, Illinois 60532, within 30 days of the date of the letter transmitting this Notica of Violation (Notice). The reply should be clearly marked as a " Reply to N >tice of Violation" and should include for each violation: (1) the reason for the violation, 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 9703190382 961114 PDR ADOCK 05000266 G PDR

f Notice of Violation 2 or include previously docketed correspondence, if the correspondence adequately addresses the required response.

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

Your response will be placed in the NRC Public Document Room (PDR) unless you provide sufficient basis to withdraw this Notice..To the extent possible, your response should not include any personal privacy, proprietary, or safeguards information so that it can be placed in the POR without redaction. However,

, if you find it necessary to include such information, you should clearly 4

indicate the specific information that you desire not to be placed in the PDR, and provide the legal basis to support your request for withholding the

information from the public.

Dated at Lisle, Illinois this 14thday of November 1996 1

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Section 50.5 Deliberate Misconduct (a) Any licensee or any employee of a licensee; and any  ;

contractor (including a supplier or consultant), subcontractor, or any employee of a contractor or subcontractor, of any licensee, who knowingly provides to any licensee, contractor, or subcontractor, components, equipment, materials, or other goods or services, that relate to a licensee's activities subject to this part, may not: .

(1) Engage in deliberate misconduct that causes or, but for detection, would have caused, a licensee to be in violation of any rule, regulation, or order, or any term, condition, or limitation of any license, issued by the Commission, or (2) Deliberately submit to the NRC, a licensee, or a licensee's contractor or subcontractor, information that the ,

person submitting the information knows to be incomplete or I inaccurate in some respect material to the NRC. i (b) A person who violates paragraph (a) (1) or (a) (2) of this  !

section may be subject to enforcement action in accordance with the procedures in 10 CFR part 2, subpart B.

(c) For purposes of paragraph .(a) (1) of this section, deliberate misconduct by a person means an intentional act or omission that the person knows: j (1) Would~cause a licensee to be in violation of any rule, regulation, or order, or any term, condition, or limitation, of any license issued by the Commission, or (2) Constitutes a violation of a requirement, procedure, instruction, contract, purchase order or policy of a licensee, contractor, or subcontractor.

[56 FR 40690, Aug. 15, 1991]

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