ML20151P289

Discusses Results of Investigation Conducted Into Allegation That False Statements Made to NRC by Former Director of Nuclear Security (Dns) at Facility.Investigation Revealed Dns Willfully Furnished False Info During NRC 851112 Insp

ML20151P289
Person / Time
Site:	Fermi
Issue date:	04/24/1987
From:	Hayes B NRC OFFICE OF INVESTIGATIONS (OI)
To:	Toensing V DISTRICT OF COLUMBIA
Shared Package
ML20151N259	List: ML20151N257 ML20151N281 ML20151P289 ML20151P320 ML20151P345 ML20151S060 ML20151S069 ML20151S096 ML20151S101 ML20151S125 ML20151S147 ML20151S208 ML20151S213 ML20151S249 ML20151S263
References
FOIA-88-227 NUDOCS 8808090308
Download: ML20151P289 (2)

Text

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, # 'o UNITED STATES

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!" o.- NUCLEAR REGULATORY COMMISSION

{ . ,I WASHINGTON, D. C. 20555

%,,,,, April 24,1987 Victoria Toensing, Esq.

Deputy Assistant Attorney General Criminal Division 10th & Constitution Avenue, NW Washington, DC 20530

Dear Ms. Teensing:

The attached report (Enclosure 1) is the result of an invest'.gation conducted by the NRC Office of Investigations (01) into an allegation that false statements were made to the NRC by the fonner Director of Nuclear Security (DNS) at the Detroit Edison Company's (DECO's) Fermi Power Plant, Unit 2 (Fenni) .

Information developed during the investigation revealed that the DNS willfully furnished false information to an NRC inspector during an inspection the NRC was conducting on or about November 12, 1985.

Specifically, in June 1986, 01 began to investigate an allegation which was based upon information provided by a DECO Nuclear Security Specialist (NSS) to a Region III (RIII) inspector during an inspection conducted at Fenni during November 12 through December 27, 1985. The NSS infonned the inspector that Safeguards Information (SI) had been entered into Deco's Comprehensive Electronic Office (CEO) system under the direction of the DNS during the preparation of a written report submitted to the NRC regarding a security incident which had occurred at the plant on November 1,1985. The NSS stated that the DNS was aware that the CEO system had an offsite transmission capability since he had access to the results of an inquiry as to why the CEO should not be used for SI and which had been completed by one of his own staff.  !

members on September 30, 1985. The results of the inquiry state that "the i system is not self contained within the facility."

Subsequent to receiving the allegation from the NSS, an NRC Inspector con- .

fronted the DNS on or about November 12, 1985, and in response to an inquiry 1 as to why the CEO was used for SI, he stated that he had been "unaware of the i offsite transmission capability" of the system.

O! was able to corroborate the inforsation provided by the NSS and also developed evidence indicating that the DNS was aware of the contents of the results of the inquiry into the use of the CEO system for SI shortly after its completion on September 30, 1985. The investigation also revealed that the Assistant DNS had warned the DNS, as confirmed by two other Deco empicyees, not to use the CEO in the preparation of the five day letter.

Enclocure Contelns SAFECUAacs Upon Sep INFORMATION Page Is .aration This Decontrolled 8808090308 880630 WE -227 PDR e

1 r-i Victoria Toensing, Esq. 2 APil 24,1987 1

In view of the foregoing, 0! was able to establish that the DC r, knowledgeable that there existed questions as to the suitabilit) o t.s i n g the CEO for processing SI, and that his statement to the inspec+ .r, which implies his lack of knowledge, was false and an attempt to W,eJd the NRC inspector.

Certain portions of the exhibits to this Report of Investigation contain SI of l

the type specified in 10 CFR 73.21 (Enclosure 2). Accordingly, those portions of the exhibits so identified should be withheld from public disclosure and handled in accordance with the applicable regulations.

Notwithstanding the potential regulatory violation, it is also important that the possible criminal violation of 18 U.S.C.1001 be brought to your attention. Based upon the information provided above, we are forwarding the described report and supporting documentation, including sworn statements made to investigators, for whatever action you may deem appropriate. If there are any questions regarding this matter, fell free to contact Eugene T. Pawlik, Director, 01 Field Office, RIII, on FTS 388-5686 or Comerc al (312) 790-5686.

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Sinc ely,

/

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Ben B. Haye , ire or Office of Inv sti tions

Enclosures:

1. Report of Investigation (Case No. 3-86-006)

(UNCLASSIFIED SAFEGUARDS IhFORMATION

2. 10 CFR 73.21 cc w/o encis:

Chairman Zech Comissioner Roberts Comissioner Asselstine Commissioner Bernthal Comissioner Carr A. B. Davis, RIII V.Stello,E00(3)

E. Pawlik 01:RIII W. Parler, OGC E.clecure Contains SAFE 3tVMS INFCN% TION l'pon Separation This Page is Decontrolled

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