ML20136H992

Investigation Rept 3-95-043.Noncompliance Noted:On or About 950406,SR Allent Engaged in Deliberate Misconduct by Taping Radioactively Contaminated Particle to Underside of Table in Radiological Laundry Room,At Plant

ML20136H992
Person / Time
Site:	Point Beach
Issue date:	09/05/1996
From:	NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To:
Shared Package
ML20136H980	List: ML20136H976 ML20136H992
References
IA-96-050, IA-96-50, NUDOCS 9703190389
Download: ML20136H992 (4)

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NOTICE OF VIOLATION Mr. Steven R. Allent IA 96-050 During an NRC investigation conducted by the NRC Office of Investigations (01 Report No. 3-95-043), 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: 1 l

10 CFR 30.34(c) provides, in part, that the licensee will confine its )

possession and use of byproduct material to the locations and purposes authorized by the license.

License Condition 2.E authorizes the licensee, pursuant to the Act and 10 CFR Parts 30 and 70, to possess byproduct and special nuclear materials as may be produced by the operation of the facility, but not to separate such materials retained within the fuel cladding.

Point Beach Nuclear Plant Procedure HP 2.15, Revision 2, " Control of Personnel Exposure to High Level Contamination, Hot Particles, and Activated or Fission Product Debris," Step 4.6, requires, in part, that high levels of contamination detected on protective clothing shall be removed and handled in a manner which minimizes personnel exposure. ,

10 CFR 50.5 provides, in part, that any employee of a contractor who engages in deliberate misconduct that causes a licensee to be in l violation of any rule, regulation, or order, or any term condition, or limitation of any license, issued by the Commission may be subject to enforcement action in accordance with 10 CFR Part 2, Subpart B.

Contrary to the above, on or about April 6, 1995, Mr. Allent, while i working as a contractor laundry technician /decontaminator at Point Beach Nuclear Plant', engaged in deliberate misconduct by taping a radioactively contaminated particle to the underside of a table in the radiological laundry room, a use of byproduct material not authorized by License Conditions 2.E and not in accordance with Point Beach Nuclear Plant Procedure HP 2.15. (01013)

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

Pursuant to the provisions of 10 CFR 2.201, Mr. Allent is hereby required to 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 Regional Administrator, Region III, within 30 days of the date of the letter transmitting this Notice of Violation (Notice). This reply should be clearly marked as a " Reply to a Notice 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 or include previous docketed correspondence, if the correspondence adequately addresses the required response. If an adequate reply is not received within the time specified in this Notice, an order or a Demand'for Information may be issued as to why such other action as may be 9703190389 960905 PDR ADOCK 05000266 G PDR

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.. .w Notice of Violation 2 proper should not be taken. Where good cause is shown, consideration will be given to extending.the response time. 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 PDR without redaction. ,

However, if you find it necessary to include such information, you should clearly 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 5th day of September 1996 -

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SYNOPSIS Of fice of Investigations (01), Region III (RIII), , 1995, to on Octobe

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Beach Nuclear Plant (Point Beach), Two Rivers, W i exposed of histhe a prank by coworkers to radiation from a contaminated particle, as a result contract employce.

i The investigation was also to determine.

if the licensee, Wisconsin Electric Power Company (WE), deliberately failed t1 control the radioactive material, i.e., the contaminated matter.

to NSS and WE management information regarding the co incident.

a NSS contractor deliberately exposed his coworkers to contaminated particle in violation of NRC License Conditions and regulations.

The investigation also determined that there was no regulatory requirement to by the contract employee. initiate a Condition Report on the incident of mi  ;

Further, based on the evidence developed during the investigation, it is i employment discrimination against the HSS contract employe Case No. 3-95-043 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, i 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 inaccurate in some respect material to the NRC.

(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:

(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. 3

[56 FR 40690, Aug. 15, 1991]

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