ML20196B124
| ML20196B124 | |
| Person / Time | |
|---|---|
| Site: | Nine Mile Point  |
| Issue date: | 11/19/1998 |
| From: | Miller H NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I) |
| To: | Hartnett T AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML20196B130 | List: |
| References | |
| IA-98-056, IA-98-56, NUDOCS 9811300274 | |
| Download: ML20196B124 (3) | |
Text
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475 ALLENDALE ROAD KING OF PRUSSIA, PENNSYLVANIA 19406-1415 November _19, 1998 lA 98-056 Mr. Timothy Hartnett:
HOME ADDRESS DELETED UNDER 2.790
SUBJECT:
NOTICE OF VIOLATION (NRC Ol Investigation 1-98-010)
Dear Mr..Hartnett:
This refers to an investigation conducted by the NRC Region 1 Office of Investigations (01) to evaluate information reported to the NRC by your employer, Niagara Mohawk Power Corporation (NMPC), involving a situation in which you, while employed as a Reactor Operator (RO) at Nine Mile Point 2, left the controls of the reactor unattended for approximately six minutes on December 24,1997. As a result, you caused NMPC to violate its Technical Specifications, and in so doing, you violated the terms of your Reactor Operator's license.
This issue was initially identified by Niagara Mohawk when it discovered that several personnel files were missing from the Unit 2 Shift Supervisor's office.
During its subsequent investigation, NMPC confirmed that you had left the controls for approximately six minutes to obtain those files. As a result of NMPC's investigation, as well as the subsequent investigation by Ol, the NRC concludes that you deliberately left your position "at the controls" area in the Unit 2 control room knowing that doing so was in violation of Technical
" Specification requirements that a licensed operator be at the controls at all times. In fact, in your June 17,1998 interview with 01, you were asked by Ol if you had willfully violated the Technical Specification when you left the "at the controls" area, to which you responded "yes." A synopsis of the 01 investigation report is enclosed.
After this matter was initially identified by NMPC, you were removed from licensed du Also, you were removed from all station duties and NMPC requested that your license be terminated. Based on that request, the NRC terminated your license on October 29,1998.'.
control room staffing, but nonetheless violated those requirements in orde Nonetheless,' the NRC is concerned that you admittedly understood the requirements for I
personnel files. As such, you deliberately violated NRC requirements. Given your deliberate actions, the violation which is described in the enclosed Notice of Violation, is classified at Severity Level 111 in accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions" (Enforcement Policy), NUREG-1600.
As a NRC Reactor Operator license holder, your actions were expected to be above reproach.
In particular, you were expected to remain alert and attentive to the reactor controls and ensure that you satisfied the technical specification and procedural requirements to ensure adequate protection of public health and safety. Your actions on December 24,1997, in abandoning the reactor controls, and reducing control room staffing levels below regulatory requirements, did not meet these expectations, and by your own admission, were willful.
9811300274 981119 w
gDR ADOCK 05000410 PDR
i Mr. Timothy Hartnett 2
You should be aware that NRC regulations allow the issuance of civil sanctions directly cpinst i
persons who engage in ' deliberate misconduct, causing a violation of NRC requirements.
Deliberate misconduct includes an intentional act or omission that the person knows j
constitutes a violation of a requirement, procedure or training instruction. An Order may also be issued to an individual to prevent his or her engaging in licensed activities at all NRC licensed facilities. A violation of this regulation as set forth in 10 CFR 50.5, " Deliberate Misconduct", may also lead to criminal prosecution.
The NRC g' ave serious consideration to the issuance of an Order'in this case. However, after consultation with the Director, Office of Enforcement, I have decided to issue the enclosed Notice of Violation, and refrain from issuing such an Order, after considering the facts that (1) you admitted your wrongdoing when questioned by the NRC investigator, and appeared to show remorse for your actions; and (2) the licensee removed you from licensed duties, removed your access to the site, and requested termination of your license. _ Nonetheless, you should be aware that engagement in any similar wrongdoing in the future may result in more significant enforcement action.
Since you are no longer involved in NRC licensed activities, either as an operator, or in some other capacity, the NRC has decided that you are not required to respond to this letter and Notice of Violation. However, if you choose to provide additionalinformation, you should follow the instructions specified in the enclosed Notice.
In accordance with 10 CFR 2.790 of the NRC's " Rules of Practice," a copy of this letter, with your home address redacted, its enclosures, and your response, if you provide one, will be placed in the NRC Public Document Room (PDR).
If you have any questions or comments, please contact Mr. Richard Conte at (610) 337-5183.
Sincerely,
_.y(._
Hubert J. Miller Regional Administrator
Enclosures:
1.
Synopsis of 01 Investigation oc w/encis:
J. Mueller, Chief Nuclear Officer, Niagara Mohawk Power Corporation i
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Pb R Mr. Timothy Hartnett DISTRIBUTION:
SECY CA PUBLIC WTravers, EDO MKnapp, DEDE JLieberman, OE HMiller, RI SCollins, NRR RZimmerman, NRR FDavis, OGC Enforcement Coordinators Rl, Ril,. Rill, RIV BBeecher, OPA HBell, OlG DBangart, OSP GCaputo, Ol -
TMartin, AEOD OE:EA OE:Chron NUDOCS Nuclear Stafety information Center (NSIC)
NRC Resident inspector - Nine Mile DScrenci, PAO-RI l
iCheehan, PAO-Rl
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