ML20151L518

Order Prohibiting Involvement in NRC Licensed Activities (Effective Immediately) Re SL Nevin Deliberately Falsifying Records of RECW Sample Documentation on 960207

ML20151L518
Person / Time
Site:	Limerick
Issue date:	08/05/1997
From:	Thadani A NRC
To:
Shared Package
ML20151L512	List: ML20151L510 ML20151L518
References
IA-97-060, IA-97-60, NUDOCS 9708070026
Download: ML20151L518 (8)

Text

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l j UNITED STATES ,

NUCLEAR REGULATORY COMMISSION In the Matter of )

) IA 97-060 MR. STEVEN F. NEVIN )  :

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l ORDER PR0HIBITING INVOLVEMENT IN  :

1 NRC-LICENSED ACTIVITIES l (EFFECTIVE IMMEDIATELY) i l I l

Mr. Steven F. Nevin (Mr. Nevin) was formerly employed by PECO Energy Company  !

at the Limerick Generating Station (PEC0, Limerick, or Licensee) as a chemist.

PEC0 holds Facility License No. NPF-39 and NPF-84 issued by the Nuclear Regulatory Commission (NRC or Commission) pursuant to 10 CFR Part 50. These

! licenses authorize PECO to operate the Limerick Station, Units 1 and 2, in accordance with the conditions specified therein.

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On February 7, 1996, while a Reactor Enclosure Cooling Water (RECW) radiation monitor was inoperable, the Licensee was required, in accordance with i

Technical Specification 3.3.7.1, ACTION 72, to obtain and analyze at least one grab sample from the RECW system at least once per 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />. On that date, the sample needed to be taken by 11:00 a.m. to meet that requirement. The sample was not taken until 12:15 p.m. on that date, approximately 1 hour1.157407e-5 days <br />2.777778e-4 hours <br />1.653439e-6 weeks <br />3.805e-7 months <br /> and l 15 minutes after the time it was due. However, the record of the grab sample i

l RECW Surveillance Test (ST-5-026-570-1, "Inop Reactor Enclosure Cooling Water l

Rad Mon Grab Samplirig and Analysis"), signed by a chemistry technician and Mr.

) Nevin, the chemist (as chemistry supervision), was inaccurate because (1) page one of attachment 1 of the test record indicated that the time of the sample l

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9700070026 970005 i DR ADOCK 0500 3 2

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was 11:00 a.m., and (2) the attached computer printcut of the Gamma Spectrum Analysis, as changed by Mr. Nevin, also indicated that the sample was taken at 11:00 a.m.. The creation of this inaccurate record caused the Licensee to be l l

in violation of 10 CFR 50.9, " Completeness and accuracy of information." l 1

Afterwards, an investigation of this matter was condected by PECO, and the NRC was informed of the findings. Subsequently, an investigation was conducted by the NRC Office of Investigations (01), that determined, based upon the evidence developed during its investigation, and a review of evideis.t contained in the investigation report provided by PECO, that on February 7, l 1996, Mr. Nevin, and the PECO checistry technician, deliberately falsified RECW sample documentation, at the direction of Ms. Blacklock, the former PECO  !

Primary Chemistry Manager.

Mr. Nevin was interviewed by 01 on July 24 and December 10, 1996. During the interviews, Mr. Nevin indicated initially that he corrected the sample time recorded in the Gamma Spectrum Analysis from 12:15 p.m. to 11:00 a.m. because he was told that another sample (taken earlier) had been found. Upon further questioning, Mr. Nevin admitted to the initial fabrication and stated that he l and the chemistry technician falsified the surveillance test documents to l

record the sample time of 11:00 a.m. at the direction of the former Primary Chemistry Manager.

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III Based on the above, the NRC has. concluded that Mr. Nevin engaged in deliberate misconduct. Mr. Nevin's actions constitute a violation of 10 CFR 50.5(a)(1),

which prohibits an individual from engaging 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 ters, condition, or limitation of

-any license, issued by the Commission. In this case, Mr. Nevin caused the Licensee to be in violation of 10 CFR 50.9, " Completeness and accuracy of 1

! information."

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The NRC must be able to rely on the Licensee, its contractors, and the Licensee and contractor employees to comply with NRC requirements, including the requirement to maintain-information that is complete and accurate in all material respects. Mr. Nevin's action in falsifying records, .and his collusion with oti,ers to hide that falsification, constitute deliberato violations of Commission regulations, and by doing so, raises serious doubt as to whether he can be relied upon to comply with NRC requirements and to provide complete and accurate information to NRC Licensees and their l j contractors in the future, and raises doubt about his trustworthiness and i reliability.

Consequently, I lack the requisite reasonable assurance that licensed I activities can be conducted in compliance with the Commission's requirements ,

l and that the health and safety of the public would be protected if Mr. Nevin j were permitted at this time to be involved in NRC-licensed activities. l i.

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_4 Therefore, the public health, safety and interest require that Mr. Nevin be prohibited from any involvement in NRC-licensed activities for a period of 3 years from the date of this Order, and if Mr. Nevin is currently involved with another licensee in NRC-licensed activities, Mr. Nevin 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.

j Additionally, Mr. Nevin is required to notify the NRC of his first employment l

in NRC-licensed activities following the prohibition period. Furthermore, pursuant to 10 CFR 2.202, I find that the significance of Mr. Nevin's conduct described above is such that the public health, safety and interest require that this Order be immediately effective.

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r l Accordingly, pursuant to sections 103, 161b, 1611, 1610, 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:

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1. Steven F. Nevin is prohibited from engaging in activities licensed by the NRC for 3 years from the date of this Order. NRC-licensed l activities are those 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.

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2. After the 3-year period of prohibition has expired, Mr. Nevin shall, within 20 days of his acceptance of the first employment offer involving NRC-licensed activities or his becoming involved in NRC-licensed activities, as defined in Paragraph IV.1 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 entity where he is, or will be, involved in the NRC-

! licensed activities. In the notification, Mr. Nevin shall include a statement of his commitment to compliance with regulatory requirements and the basis why the Commission should have confidence that he will now comply with applicable NRC requirements.

The Director, OE, may, in writing, relax or rescind any of the above conditions upon demonstration by Mr. Nevin of good cause.

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In accordance with 10 CFR 2.202, Mr. Nevin 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 cause is shown, consideration will be given to extending the time to request a hearing. A request for extension of time must be made in writing l to the 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 shall, in writing and under oath or affirmation, r

specifically admit or deny each allegation or charge made in this Order and shall set forth the matters of fact and law on which Mr. Nevin or other person adversely affected relies and the reasons as to why the Order should not have 1

been issued. Any answer or request for a hearing shall be submitted to the Secretary, U.S. Nuclear Regulatory Commission, Attn: Chief, Rulemakings and Adjudications Staff, Washington, DC 20555. Copies also shall be sent to the Director, Office of E.'forcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555, to the Assistant General Counsel for Hearings and i

Enforcement at the same address, to the Regional Administrator, NRC Region I, U.S. Nuclear Regulatory, 475 Allendale Road, King of Prussia, Pennsylvania 19406, and to Mr. Nevin if the answer or hearing request is by a person other than Mr. Nevin. If a person other than Mr. Nevin requests a hearing, that person shall set forth with particularity the manner in which that person's interest is adversely affected by this Order and shall address the criteria set forth in 10 CFR 2.714(d).

If a hearing is requested by Mr. Nevin or a person whose interest is adversely affected, the Commission will issue an Order designating the time 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)(i), Mr. Nevin may, in addition to demanding a hearing, at the time the 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 immediate effectiveness, is not based on adequate evidence but on mere suspicion, unfounded allegations, or error.

In the e.bsence 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

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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 i REQUEST FOR HEARING SHALL NOT STAY THE IMMEDIATE EFFECTIVENESS OF THIS ORDER.  :

FORTHENUCLEAR E LATORY COMMISSION

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9F- l Ash C. Thadani l Acting Deputy Executive Director for Regulatory Effectiveness s

Dated at Rockville, Maryland this gr.A day of August 1997 I

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Mr. Steven F. Nevin DISTRIBUTION:

PUBLIC SECY CA LCallan, ED0 EJordan, DEDO JLieberman, OE HMiller, RI l FDavis, 0GC l SCollins, NRR ,

l RZimmerman, NRR -

l Enforcement Coordinators

! RI, RII, RIII, RIV BBeecher, GPA/PA GCaputo, 01 DBangart, OSP HBell, OIG Dross, AE0D RPedersen, OE

! OE:EA i NUDOCS DScrenci, PAO-RI NSheehan, PAO-RI Nuclear Safety Information Center (NSIC)

NRC Resident Inspector - Limerick f

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To receive a copy of this document, indicate in the box: "C" - Copy without attachment / enclosure "E" - Copy w pttachment/ enclosure "N" = No copy l

6 .nsin F . .

0FFICE OE ME' Rf:WA 3 1).34G$i DEDF, jg -

NAME RPedersen HMillar JLi4berman EJff4ff DATE 1 /2 (/97 7 /ti/97 7 / 7//97 7 /// f/97 -

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