ML20151K003

Discusses 970718 Telcon Predecisional Enforcement Conference Re Violation of NRC Rule on Deliberate Misconduct 10CFR503.Concludes That Info Re Reason for Violation & Corrective Actions Addressed by Licensee Acceptable

ML20151K003
Person / Time
Site:	San Onofre
Issue date:	07/30/1997
From:	Merschoff E NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV)
To:	Garza J AFFILIATION NOT ASSIGNED
Shared Package
ML20151K009	List: ML20151K003 ML20151K032
References
IA-97-038, IA-97-38, NUDOCS 9708050303
Download: ML20151K003 (3)

Text

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IA 97-038 Mr. Jose R. Garza

.[HOME ADDRESS DELETED UNDER 10 CFR 2.790]

SUBJECT:

NOTICE OF VIOLATION (NRC INVESTIGATION NO. 4-97-015) I l

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Dear Mr. Garza:

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This is in reference to the telephonic, predecisional enforcement conference conducted on July 18,1997, between you and representatives of the NRC. The conference was conducted to discuss an apparent violation of the NRC's Rule on Deliberate Misconduct, 10 CFR 50.5.

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During the conference, vau admitted that, while employed by Southern California Edison l (SCE) at the San Onofie Nuclear Generating Station (SONGS), you were aware of SCE's requirement to notify SCE of any arrests, and that you made a decision not to notify SCE of your arrests in 1994 and 1996 for driving under the influence of alcohol.

The NRC considered the information you provided during the conference in reaching its decision in this case and concluded that a violation of 10 CFR 50.5 occurred. We acknowledge your statements at the conference that you did not intentionally put the safety or security of SONGS in jeopardy by your actions, and that the problems that led to your employment termination did not affect your commitment to nuclear safety or the performance of your job. You also described steps you were taking to address personal problems that had resulted in the arrests and in your decision to conceal these from SCE, 7

l including both court-ordered and voluntary counseling. You stated that you accepted full f responsibility for your actions, which resulted in SCE terminating your employment in I February 1997. /

!' The NRC considers your actions a serious breach of the trust and integrity expected of supervisory personnel in the nuclear industry. In light of your experience in the nuclear industry and your supervisory responsibilities, we considered an order barring you from participation in NRC-licensed activities. However, after considering the circumstances of this case including the action already taken against you by your employer, your acceptance

! of full responsibility for your actions, and your candor in addressing the circumstances that led to your termination, we have concluded such an order is not warranted. The NRC is issuing the enclosed Notice of Violation (Notice) to you for the above violation which has been categorized.at Severity Level lit in accordance with the " General Statement of Policy and Procedures for NRC Enforcement Actions," NUREG-1600. You should be aware,  !

9708050303 970730 l PDR ADOCK 05000206 1

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l 4 l Mr. Jose R. Garza however, that the NRC will consider imposing stronger sanctions should you engage in misconduct involving NRC-licensed activities in the future.

The NRC has concluded that information regarding the reason for the violation and the corrective actions that you are taking to prevent recurrence are adequately addressed in  ;

the transcript of the July 18,1997 conference and in this letter. Therefore, you are not required to respond to this Notice unless you plan to contest it or provide additional i information, in which case you should follow the instructions specified in the Notice. l In accordance with 10 CFR 2.790 of the NRC's " Rules of Practice," a copy of this letter, the Notice, and any response you submit will be placed in the NRC Public Document Room (PDR). In addition, the NRC will place copies of its previous letters to you in the PDR. A copy of this letter and Notice of Violation will also be published in NUREG-0940,

" Enforcement Actions: Significant Actions Resolved," unless you contest this action and succeed in having it withdrawn. Your home address will be removed from these documents before putting them in the PDR.

Should you have any questions about this letter, please contact Mr. Gary Sanborn, Enforcement Officer, at (800) 952-9677 or (817) 860-8222. If Mr. Sanborn is unavailable, please speak to Mr. Michael Vasquez.

Sincerely, )

Ellis W. Mersci ff Regional Ad 'nistrator

Enclosure:

As stated

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Mr. Jose R. Garza bec w/

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