ML20155F439

Forwards Demand for Info,Being Issued to Enable NRC to Fully Understand Recipient Views on Facts & Circumstances Surrounding Allegedly False Info Provided to Two NRC-licensed Activities

ML20155F439
Person / Time
Site:	Perry, Indian Point
Issue date:	08/26/1998
From:	Lieberman J NRC OFFICE OF ENFORCEMENT (OE)
To:	Clark W AFFILIATION NOT ASSIGNED
Shared Package
ML20155F443	List: ML20155F439 ML20155F456
References
IA-98-045, IA-98-45, NUDOCS 9811060033
Download: ML20155F439 (3)

Text

__ _ _.. , _

y f% t ynx s*

2 j UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 30686 0001 i

August 26, 1998

! lA 98-045 William H. Clark

[ Address Deleted Pursuant to 10 CFR 2.790]

SUBJECT:

DEMAND FOR INFORMATION

Dear Mr. Clark:

The Nuclear Regulatory Commission (NRC) is considering whether you should be prohibited from working in NRC-licensed activities for a period of five years for allegedly providing false information to two NRC licensees, Centerior Energy Services (Centerior) and the Power Authority of the State of New York (New York Power Authority), in order to gain unescorted

' access to their nuclear facilities. Therefore, the enclosed Demand for Information (Demand)

(Enclosure 1) is being issued to you to enable the NRC to fully understand your views on the facts and circumstances surrounding the allegedly false information you provided to these NRC 4 licensees.

Information provided by Centerior and the New Ycrk Power Authority to the NRC indicates that 3

you provided false information to Centerior and the New York Power Authority, in order to gain '

unescorted access to the Perry Nuclear Plant and the Indian Point Unit 3 Nuclear Plant, regarding your prior denial of unescorted access to PEco's Peach Bottom Nuclear Plant on October 25,1996, based on a positive test for illegal drug use (marijuana). See, for example, the enclosed Licensee Event Report submitted by the New York Power Authority to the NRC on l October 30,1997 (Enclosure 2).

As set forth in the Demand, you may respond to this Demand by (1) filing a written answer under oath or affirmation to the issues in Section ill of the Demand, (2) setting forth your reasons why this Demand should not have been issued if the requested information is not being //

provided, or (3) signing and returning the enclosed consent agreement (Enclosure 3) to indicate /l your consent to an order which would prohibit your involvement in NRC-licensed activities for a j

period of five years. If you file a written answer, you may dispute the alleged facts in the g Demand and provide additionalinformation which you want the NRC to consider when '

determining whether to initiate enforcement action against you. A copy of the " General Statement of Policy and Procedures for NRC Enforcement Actions (Policy)," NUREG-1600, j'/ p/

j Rev.1, is enclosed for your information (Enclosure 4). Also enclosed is a copy of 10 CFR 50.5 l (Enclosure 5), the federal regulation which you allegedly violated by providing false information to NRC licensees in order to gain unescorted access to their nuclear facilities.

Questions concerning this Demand or the Policy should be addressed to Mr. James Lieberman, Director, Office of Enforcement, who can be reached at (301) 415-2741. We would have contacted you by telephone to discuss this Demand, but we did not have your telephone number.

9811060033 980826 PDR ADOCK 05000286 7 [ [ A ,,3 j F PDR

- . ~_. - - _ _ _ _ _ _ _ _ _

W. Clark In accordance with 10 CFR 2.790 of the NRC's " Rules of Practice," records or documents compiled for enforcement purposes are placed in the NRC Public Document Room (PDR). Therefore, a copy of this letter with your home address removed, the Demand, and your response, if you choose to submit one, will be placed in the PDR and sent to the Individuals listed below after 45 days unless you provide sufficient basis to withdraw the Demand.

Sincerely, BdginalSigned DJ

' James Uebmm James Lieberman, Director Office of Enforcement

Enclosures:

1. Demand for Information .

2. Licensee Event Report

3. Consent Agreement

4. NRC Enforcement Policy 5.10 CFR 50.5 cc w/end 1 (WITH HOME ADDRESS DELETED):

Lew E. Myers, Vice President, First Energy, Perry Plant Mr. G. Rainey, President PECO Nuclear Mr. Robert J. Barrett, Site Executive Officer New York Power Authority H. Miller, NRC Region 1 J. Caldwell, NRC Region ill Distribution (Letter w/ encl 1):

C. Anderson, RI JLieberman, OE D.Lew,RI lA File D. Holody, RI VBeaston, OE B. Clayton, Rill l

DOCUMENT NAME: G:\OECASES\98302RE2 WPD l To receive a co py of this document, Indicate in the box 'C' = Copy w/o attagh/e. nel 'E' = Copy w/ attach /enci *N' = U . copy 1 OFFICE OE /1 Rlli C OE M 1 NAME VBeaston A)$ JCaldwellWi '

LJLfe%4rman I

,DATE 08/AN/98 08/7l /98 '08/2J/98 OFFICIAL RECORD COPY l 1

1 1

i l

1 I

i ENCLOSURE 1 l

)

i l

l I

1 i

i