ML20137H040
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hbY3 1979 Docket N Dow Chemical U.S.A.
ATTN:
Dr. R. R. Langner Radiation Safety Committee 1603 Building Midland, MI 48640 Gentlemen:
This Information Notice is provF.d to inform licensees of a possible signif-icant matter. It is expected that recipients will consider dissemination of the information to all persons working at their licensed facilities. No specific action or response is requested at this time.
If further NRC evalu-ations so indicate, an IE Circular or Bulletin will be issued to recommend or request specific licensee actions.
If you have any questions regarding this matter, please contact the Director of the appropriate NRC Regional Office.
Sincerely, James G. Keppler Director
Enclosure:
IE Information Notice No.79-12A cc w/ enc 1:
Central Files Director, NRR/DPM Director, NRR/ DOR PDR NSIC TIC 8508280092 850712 PDR FOIA KOHN05-256 PDR
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a /b ler 11/8/79
M SSINS No.:
6300 United States Accession No.:
Nuclear Regulatory Commission 1640960466 %'
Office of Inspection and Enforcement Washington, D.C.
20555 November 9, 1979 IE Information Notice No.79-12A ATTEMPTED DAMAGE TO NEW FUEL ASSEMBLIES This notice provides supplemental information concerning the identification and conviction of the persons responsible for the introduction of a possioly damaging substance to the new fuel stored at the Virginia Electric and Power Company's Surry Power Station in Surry County, Virginia.
Investigation of this incident by the FBI culminated in the surrender of William E. Kuykendall and James A. Merrill, Jr., both VEPC0 employees at that time, to Surry County authorities on June 19, 1979.
A Grand jury hearing was held in Surry, Virginia on July 24, 1979.
The certified charges of breaking and entering with intent to damage electrical facilities (felony), and willful destruction of utility company equipment (felony) were returned on a true bill'for trial. An earlier charge for willful damage (mis-demeanor) which had not been certified to the grand jury was reapplied, certified and returned on a true bill for trial.
Two additional charges against both men were introduced for conspiracy regarding the two felonies and returned on a true bill for a total of four felonies and one misdemeanor against each man.
Trial commenced on October 10, 1979 in the Circuit Court, Surry County, Virginia.
The presiding judge ruled that the prosecution failed to supply sufficient evidence to support the charges o.f conspiracy, breaking and entering, and damage to pro-perty as a misdemeanor.
The primary reason for dropping the charges was that the subjects had been authorized unescorted access to Vital Areas by VEPCO.
On October 17, 1979, the ju'ry returned a verdict of guilty (both Kuykendall and Merrill) for violation of Virginia Code 18.2-162 (Intentional damage to a facility which furnishes electric service to the public) and set punishment as two (2) years in the State Penitentiary for both subjects, the minimum sentence provided by law.
This Information Notice is provided to inform licensees of a possibly significant matter.
It is expected that recipients will consider dissemination of the information to all persons working at their licensed facilities.
If you have questions regarding this matter, please contact the Director of the appropriate NRC Regional Office.
No written response to this Information Notice is required.
Enclosure:
Recently Issued IE Information Notices wr?.J I"Ub$
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IE Information Notice No.79-12A Enclosure November 9, 1979 RECENTLY ISSUED IE INFORMATION NOTICES Information Subject Date Issued To Notice No.
Issued 79-26 Breach of Containment 11/5/79 All power reactor facilities Integrity holding OLs and cps 79-25 Reactor Trips At Turkey 10/1/79 All power facilities with Point Unit 3 And 4 an OL or a CP 79-24 Overpressurization Of 9/28/79 All power reactor facilities Containment Of A PWR Plant with a CP After A Main Stream Line Break 79-23 Emergency Diesel Generator 9/25/79 All power reactor Lube Oil Coolers facilities holding OLs and cps 79-22 Qualification of Control 9/14/79 All power reactor Systems facilities with operating licenses and construction permits.
79-21 Transportation and Commercial 9/7/79 All power and research Burial o.f Radioactive Material reactors with OL's 79-20 NRC Enforcement Policy 8/10/79 All Holders of Reactor l
NRC Lice'nsed Individuals OLs and cps and Production Licensees with Licensed Operators l
79-19 Pipe Cracks In Stagnant 7/17/79 All Holders of Reactor l
Borated Water Systems At OLs and cps PWR Plants 79-18 Skylab Reentry 7/5/79 All Holders of Reactor l
OLs 79-17 Source Holder Assembly Damage 6.20/79 All Holders of Reactor From Misfit Between Assembly OLs and cps and Reactor Upper Grid Plate i
79-16 Nuclear Incidnet at Three 6/22/79 All Research Reactors Mile Island and Test Reactors with OLs
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