ML20137E517
| ML20137E517 | |
| Person / Time | |
|---|---|
| Site: | Crystal River  |
| Issue date: | 03/24/1997 |
| From: | Jordan E NRC OFFICE FOR ANALYSIS & EVALUATION OF OPERATIONAL DATA (AEOD) |
| To: | AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML20137E515 | List: |
| References | |
| IA-97-001, IA-97-1, NUDOCS 9703270307 | |
| Download: ML20137E517 (8) | |
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UNITED STATES j
NUCLEAR REGULATORY COMNISSION I
j In the Matter of
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IA 97-001
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DARRYL D. MCNEIL'
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4 ORDER PROHIBITING INVOLVEMENT IN i
NRC-LICENSED ACTIVITIES i
(EFFECTIVE IMNEDIATELY) i j
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'Darryl D. McNeil was employed by SBI as a Security Lieutenant at Florida Power Corporation's (FPC) Crystal River site. SBI is a contractor to FPC and provides i
security services for the site. FPC holds License No. DPR-72 for Crystal River l
l Unit 3, issued by the Nuclear Regulatory Commission (NRC or Commission) pursuant t
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to 10 CFR Part 50 on January 28, 1977.
The license authorizes FPC to operate Crystal River Unit 3 in accordance with the conditions specified therein.
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10 CFR 73.55(d) requires, in part, that nuclear power plant licensees control all l'
points of personnel access into a protected area.
10 CFR 73.55(d)(5) requires j-that a numbered picture badge identification system be used for all individuals e
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who are authorized access is protected areas without escort. The objective of the. regulation is to provide high assurance that only individuals who require j-access and have been found to be trustworthy and reliable and do not constitute j
an unreasonable risk to the health and safety of the public are allowed to enter j
the protected area.
The Crystal River Unit 3 Operating License Section 2.D.
Physical Security, requires FPC to maintain in effect all provisions of the j
9703270307 970324 4
PDR ADOCK 05000302 H
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j Commission-approved Physical Security Plan.
FPC's Physical Security Plan, f
Revision 6-9, Section 5.4.3 states: "When badges / key cards are allowed to leave the Protected Area, they will be under the observation and control of Security Force personnel.
... Lost and missing badges / key cards are immediately removed from the Security Computer as soon as Security Supervision is made aware of the l
loss. Prior to removal from the Security Computer, an investigation is conducted to determine any unauthorized use."
On February 9,1996, a Quality Assurance employee at Crystal River Unit 3 left l
the site while wearing his security badge. During the period of March 6, 1996, through December 13, 1996, the Nuclear Regulatory Commission (NRC) Office of Investigations (01) conducted an investigation of the circumstances surrounding the loss of control of the security badge at the Crystal River site.
From its l
Investigation, the NRC concludes that contract security employees intentionally and deliberately conspired to cover up the loss of the security badge.
Specifically, the evidence revealed that, prior to the return of the employee to the site, two security officers became aware that this event had occurred, and notified their supervisor, Darryl D. McNeii, of the event. Although Mr. McNeil admitted to the OI investigator that he was aware of the requirements to deactivate a missing badge in the security access computer, and to initiate an l
investigation upon being informed of the mistake, he did not comply with these requirements. Instead, he permitted the security officers: (1)toretrievethe individual's badge when he returned to the site later that day; (2) to card the
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badge out a; 'f it had been processed properly upon the individual's exit from the plant; and (3) to return the badge to the badge rack.
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On January 16, 1997, the NRC sent a certified letter to Mr. McNeil advising him a
i that his actions appeared to have violated 10 CFR 50.5, Deliberate Misconduct, i
and offering him the opportunity to attend a predecisional enforcement 1
conference.
By letter dated February 10, 1997, Mr. McNeil provided a written i
respome to the January 16, 1997, letter in lieu of participation in an enforcement conference.
Mr. McNeil's letter indicated that he was aware an i
employee had left the facility with his badge and that he had been informed that the security officer planned to retrieve the badge and return it to the badge rack. Mr. McNeil stated that in his judgement, these actions posed no security j
risk to the plant.
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Based on the above, it appears that Mr. McNeil engaged in deliberate misconduct in that, although he was aware of badge security requirements, he deliberately allowed security officers to improperly retrieve, card out, and return a badge which had been taken off-site to the badge rack, and deliberately failed to remove the employee's badge from the security access computer or initiate an investigation of the incident.
These actions were not authorized by plant 1
procedures.
Mr. McNeil's deliberato misconduct caused the Licensee to be in violation of Section 5.4.3 of its Physical Security Plan and is, therefore, a violation of 10 CFR 50.5(a)(1).
The NRC must be able to rely on licensees, contractors and their employees to fully comply with NRC requirements. This is essential with respect to access authorization programs at nuclear power plants because the NRC relies on members of a nuclear facility's security force to ensure that all individuals who are allowed to access the facility meet high
4 standards of trustworthiness and reliability. Mr. McNeil's deliberate misconduct raises serious doubt as to whether he can be relied upon to comply with NRC i
requirements.
Consequently, I lack the requisite reasonable assurance that licensed activities can be conducted in compliance with Commission requirements and that the health and safety of the public will be protected if Mr. McNeil were permitted at this time to be involved in NRC-licensed activities.
Therefore, public health and safety and the public interest require that Mr. McNeil be prohibited from any involvement in NRC-licensed activities for a period of one year from the date of f
i this Order and, if he is currently involved with another licensee in NRC-licensed activities, he must immediately cease such activities, and inform the NRC of the name, address and telephone number of the employer, and provide a copy of this Order to the employer. Additionally, Mr. McNeil is required to notify the NRC of his first employment in NRC-licensed activities for one year following the prohibition period.
Furthermore, pursuant to 10 CFR 2.202, I find that the significance of Mr. McNeil's conduct described above is such that the public health, safety and interest require that this Order be immediately effective.
IV Accordingly, pursuant to sections 103, 161b, 1611, 161o, 182 and 186 of the Atomic Energy Act of 1954, as amended, and the Commission's regulations in 10 CFR 2.202,10 CFR 50.5 and 10 CFR 150.20, IT IS HEREBY ORDERED, EFFECTIVE IMMEDIATELY, THAT:
5 A.
Mr. Darryl D. McNeil is prohibited for one year from the date of this Order from engaging in or exercising control over individuals engaged in NRC-licensed activities.
If Mr. McNeil is currently involved in NRC licensed activities, he must immediately cease such activities, inform the NRC of the name, address and telephone number of the employer, and provide l
a copy of this Order to the employer. NRC-licensed activities are those 1
activities that are conducted pursuant to a specific or general license issued by the NRC, including, but not limited to, those activities of Agreement State licensees conducted pursuant to the authority granted by 10 CFR 150.20.
B.
For a period of one year following the period of prohibition set forth in 1
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Paragraph IV.A. above, Mr. Darryl D. McNeil shall, within 20 days of his acceptance of his first employment offer involving NRC-licensed activities as defined in Paragraph IV. A above, provide notice to the Director, Office of Enforcement, U. S. Nuclear Regulatory Commission. Washington, D.C.
20555, of the name, address, and telephone number of the employer or the l
entity where he is, or will be, involved in NRC-licensed activities. The notice shall include a statement of his commitment to compliance with l
l regulatory requirements and the basis why the Commission should have l
confidence that he will now comply with applicable NRC requirements.
j The Director, Office of Enforcement, may relax or rescind, in writing, any of the above conditions upon demonstration by Mr. McNeil of good cause.
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6 V
In accordance with 10 CFR 2.202, Mr. McNeil must, and any other person adversely affected by this Order may, submit an answer to this Order, and may request a hearing on this Order, within 20 days of the date of this Order.
Where good 1
cause is shown, consideration will be given to extending the time to request a i
hearing.
A request for extension of time must be made in writing to the s
Director, Office of Enforcement, U.S. Nuclear Regulatory Commission Washington, D.C. 20555, and include a statement of good cause for the extension. The answer may consent to this Order. Unless the answer consents to this Order, the answer j
shall, in writing and under oath or affirmation, specifically admit or deny each
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allegation or charge made in this Order and shall set forth the matters of fact l
1 and law on which Mr. McNeil or other person adversely affected relies and the l
reasons as to why the Order should not have been issued.
Any answer or request for a hearing shall be submitted to the Secretary, U.S. Nuclear Regulatory Commission, ATTN: Chief, Docketing and Service Section, Washington, D.C. 20555.
Copies also shall be sent to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555, to the Assistant General Counsel for Hearings and Enforcement at the same address, and to the Regional Administrator, NRC Region II,101 Marietta Street, NW, Suite 2900, Atlanta, Georgia 30323 and to Mr. McNeil if the answer or hearing request is by a person other than Mr. McNeil.
If a person other than Mr. McNeil requests a hearing, that person shall set forth with particularity the manner in which his interest is adversely affected by this Order and shall address the criteria set forth in 10 CFR 2.714(d).
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If a hearing is requested by Mr. McNeil or a person whose interest is adversely affected, the Commission will issue an Order designating the tims and place of any hearing.
If a hearing is held, the issue to be considered at such hearing shall be whether this Order should be sustained.
Pursuant to 10 CFR 2.202(c)(2)(1), Mr. McNeil, or any other person adversely J
affected by this Order, may, in addition to demanding a hearing, at the time the j
answer is filed or sooner, move the presiding officer to set aside the immediate effectiveness of the Order on the ground that the Order, including the need for j
immediate effectiveness, is not based on adequate evidence but on mere suspicion, unfounded allegations, or error.
In the absence of any request for hearing, or written approval of an extension of time in which to request a hearing, the provisions specified in Section IV above shall be final 20 days from the date of this Order without further order or proceedings.
If an extension of time for requesting a hearing has been approved, the provisions specified in Section IV shall be final when the extension expires if a hearing request has not been received.
AN ANSWER OR A REQUEST FOR HEARING SHALL NOT STAY THE IMMEDIATE EFFECTIVENESS OF THIS ORDER.
FOR THE NUCLEAR REGULATORY COMMISSION
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Deputy / x. J w
ecutive Director for Re latory Effectiveness, Program Oversight, Investigations and Enforcement Dated at Rockville, Maryland this 24thday of March 1997 l
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- 1 eLt D. McNeil 3
Distribution w/ enc 1 IHOME ADDRESS DELETED 1:
J. Lieberman, OE L. Ragahaven, NRR J. Cunningham, NRR L. Mellen, RII K. Landis, RII B. Uryc, RII P. Fredrickson, RII OE:EA File. (BSummers,- OE)(2 letterhead)
PUBLIC NRC Resident Inspector U.S. Nuclear Regulatory Commission j
6745 N. Tallahassee Road Crystal River, Florida 34428 i
Distribution w/ enc 1 IWITH HOME ADDRESS 1:
OE:EA File (BSummers)
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