ML20197E692
| ML20197E692 | |
| Person / Time | |
|---|---|
| Site: | Hatch  |
| Issue date: | 10/24/1997 |
| From: | Reyes L NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II) |
| To: | Hodgins S AFFILIATION NOT ASSIGNED |
| References | |
| IA-97-083, IA-97-83, NUDOCS 9712300058 | |
| Download: ML20197E692 (5) | |
Text
.
October 24, 1997 IA 97 083 Mr. Ste> hen R. Hodgins
[HOME A) DRESS DELETED PURSUANT TO 10 CFR 2.790]
SUBJECT:
NRC INVESTIGATION REPORT NO. 2 97 013
Dear Mr. Hodgins:
This refers to an investigation by the NRC Office of Investigations (01) completed on August 28, 1997, at Southern Nuclear Operating Company, Inc.'s Hatch facility located in Baxley, Georgia.
You were interviewed on July 9.
1997, by OI as a ) art of this investigation. The investigation was conducted to determine whetler you failed to report an arrest for " driving under the influence" (DUI) (of alcohol) to your supervisor. A copy of the synopsis to the OI investigation report is enclosed (Enclosure 1).
01 concluded that you deliberately failed to report to your supervisor that you had been arrested for DUI while off duty from the Hatch plant. When confronted by OI with this information you readily admitted that you had been arrested and failed to report the incident.
You also stated that although the licensee's policy for reporting such incidents was issued after the arrest, you signed the subject policy statement without fully reviewing the requirements of the policy and understood, at the time of the OI interview, that the policy was retroactive and applied to this situation.
After review of the regulatory requirements applicable to this case, we have concluded that although the licensee expected all arrests to be reported, the failure to report your arrest did not cause the licensee to be in noncompliance with a Nuclear Regulatory Commission (NRC) requirement Therefore, we have concluded that a formal enforcement sanction in this case is not warranted. However, we are concerned that during your 0I interview you stated that you were aware of the issuance of the fitness for duty policy and should have known that, under SNC's policy, the arrest was reportable; yet, you failed to reconsider your decision not to report the arrest or obtain additional information on the licy requirements. As a supervisor, you have
. a special responsibility to im lement the fitness for duty program, and set an example for other employees wi h regard to compliance with plant procedures and policies. We expect that in the future, you will make certain you are in full compliance with licensee policies, and if you determine that you have not met those policies. you will promptly notify your supervision. A copy of 10 CFR 50.5. Rule on Deliberate Misconduct, is enclosed for your reference (Enclosure 2).
CERTIFIED Malt. NO. P 291 242 713 q, Ig/
.iar le~ilnplli rlest rill 1.1,,llm RETURN RECEIPT REQUESTED i
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971230005$ $71024
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DR ADOCK 05 31
4-9 S. Hodgins 2-If you have any questions with regard to this letter or your respons 111 ties to meet NRC or licensee requirements, please call Mrs. Anne Boland at (404) 562 4421 or Mr. George Belisle at (404) 562 4605. Collect calls-will be-accepted.
You may also contact us by calling 1 800 577 8510.
You are not required to respond to this letter.
However, if you choose to provide a response, please provide it to me within 30 days of the date of this letter at U.S. Nuclear Regulatory Commission, Region II, Atlanta Federal Center,~61 Forsyth Street, S.W., Suite 23T85, Atlanta, Georgia-30303.
In accordance with Sectio 2.790 of the NRC's " Rules of Practice," Part 2, Title 10, Code of Federal kegulations, records or documents compiled for enforcement purposes are placed in the NRC Public Document Room (PDR).
- f. copy of this letter with your address removed, and your response, if you choose to submit one, will be placed in the PDR 45 days after the date of this letter (unless you provide sufficient basis to withdraw this letter).
At that time, a copy also will be provided to SNC.
i Sincerely, ORIGINAL SIGNED BY L. A. REYES Luis A. Reyes Regional Administrator
Enclosures:
1.
Synoasis to 01 Report 2 97 013 2.
10 C R 50.5 f
4 CERTIFIED MAIL NO. P 291 242 713 RETURN RECEIPT REQUESTr0 g y r
r.e-e e.,
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S. Hodgins 3
Distribution w/ enc 11 only rHOME ADDRESS DELETED 1:
PUBLIC (HOLD FOR 45 DAYS EICS ACTION)
LJCallan, EDO AThadani, DEDE JLieberman, OE SCollins, NRR RZimmerman, NRR LChandler, 0GC Jooldberg, OGC Enforcement Coordinators RI, RIII, RIV OE:EA File (BSummers. OE) (2 letterhead)
WBeecher, OPA (HOLD FOR 45 DAYS EICS ACTION)
HBell, OIG EJulian, SECY (HOLD FOR 45 DAYS EICS ACTION)
BKeeling, CA (HOLD FOR 45 DAYS EICS ACTION)
THartin, AEOD GCaputo, 01 LTrocine, OLD0 Tle, NRR HBerkow, NRR CEvans, RII ABoland, RII KClark, RII RTrojanowski,RII PSkinner, RII ABelisle, RII NRC Resident Inspector U.S. Nuclear Regulatory Commission 11030 Hatch Parkway North Baxley, GA 31513 (HOLD FOR 45 DAYS EICS ACTION) cc w/ enc 1 1 only [HOME ADORESS DELETED]:
Southern Nuclear Operating Co., Inc.
ATTN: Hr, H. L. Sumner, Jr.
Vice President P. O. Box 1E05 Birmingham, AL 35201 1295 SEND TO PUBLIC DOCUMENT R00H7 Yes. (EICS HOLD FOR 45 OAYS) 0FFICE RII:DRS RII:DRP RII:EICS/0E RII:0RA R1140F RII:0RA Signature
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NAME JJaudon JJohnson
.ABohm CEvans WHcNulty BHallett DATE 10/
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/97 COPY? YES A'YES NO YES NO YES NO YES N0 YES NO OfflCIAL RECORD COPY DOCUMENT h. vie:3:\\l970 PEN.ENF\\97487 HAT.IND\\LLUER.51 SC W 40 %
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-i SYNOPSIS
- The U.S. Nuclear Regulatory Commission, Office of Investigations, Region 11, initiated this
- investigation on May 23,1997, to determine whether a foreman at the Edwin 1. Hatch Nuclear
' Plant, Baxley, Georgia, deliberately failed to report a custodial arrest to his suptrvisor as required by license conditions. The investigation also sought to determine whether management personnel were covering up the incident.~
Based on the evidence developed during the investigation and a review of evidence contained in the investigation report provided by the licensee, Southern Nuclear Operating Company, it was determined that the foreman deliberately failed to report to his supervisor that he had been arrested The evidence developed did not substantiate the allegation that management-personnel were covering up the incident in order to protect the foreman.
4 Released for public disclosure by the 01 Field Office Director, Region II, on October 21, 1997 NOT IOR PUOL'O Ol00LOOURE V."TilOUT APPROVAL Or
"' LD OFF:CE O!".CCTOP, Or"lCE OF 'NVECTl CAT!^NC, REC lON !'
CASE NO. 2-97-013 1
Nuclear Regubtory Cornrnission 8 50.7
$ 50.8 C] CFR Ch. I U-1-95 kslorg (3) This section has no application to copy on the way to or fran their plaos ner of the first page of tho submittal, tation, of any license issued'by the any employee alleging discrimination of work. Premises must be posted not the specific regulat!on or other basin. Commisslan. or
- *im prohibited by this section who, acting later than 30 days after an applicatica requiring submistien.
(2) Constitutes a violadon of a re-rrithout direction from his or her em-is docketed and remain posted'while (f) Conflicting regtdrements. The ccm-quirement, procedure. Instruction, cott-ployer (or the employer's agent). delib-the application ; 1s i pending e before eths munications requirements conta!ned in tract, purchase order or policy of a 11J erstely causes a violation of any re-Commisalon, during-theJterm'of thed1 this section a.nd E50.12. 50.30. 00.36 censee, contractor, or subcontractor. e N
"u quirement of the Energy Reorganfts-cense, and for 30 days following it.oense 50.36a. 50.44. 50.49. 50.54. 50 55, 60.55a.
[56 FR 4MO. Aug.15.19stl tion Act of IM4. as amended or the termination.
i c?
Aa 50.59. 50.82 f,0.71. 50.13. 30.82. 50 90, and A
Energy Act of W. as amend-Norr Copfes of Imc Force 2 may b['h 50.91 supersede and replace all existing i00.7 Essployee proteetlos o
tained br writing to the Rectoeal A6misis requirements in any license cenditions (a) Discrimination by a Cornmission (b) Any employee who believes that trator of the apprc: Mate U.S. Nuclear legw or technical specifications in effect on licensee, an applicant for a Commiss he or she has been discharged or other-laterr Commlesion Resional Ofnce listed ta January 5.1987. Exceptions to these re.
elon license, or a contractor or sub.
wise discriminated against by any per-arrendiz D to part 30 of t*
whapter-eems quirements trust be approved by the contractor of a Commission licensee - -
son for engaging in protected activitJes eestacting the NRc Infbrmacion and Recorve Division of Informauva Support Ser,.
ices. Nuclear Resulatory (mmission. Applicant against an employee for en, specined in paragraph (aXI) of this sec-naement Branch (telephone no. 301-ess.
=Y :
Washingtrm. DC 20%5. Telephone (301) gaging in certain protected activittee tion may seek a rernedy for the dis-is prohibited. Discrimination includes charge or discrimination through an (f) No agreement affecting the com.
gg' discharge and other actions that relate administrative proceeding in the De-rensation. terms. conditions. or privi-151 FR 4'n06. Nov. 6.1988, as amended at 52 to compensation, terms, conditions, or_
partment of Labor. The administrativ3 leges of employment. including ~ an' FR 31611. Au2. 21. I9et 53 FR 8139. Mar.1 privileges of employment. -The pro.,
proceeding must be initiated within 180 agreement to settle a complaint filed NI tected activities are established in seo, days after an alleged violation occurs. by an employee with the Department tior 211 of the Energy Reorganization The employee may do this by filing a of Labcr pursuant to section 211 of the :
150.5 Deliberste misconduct.
Act of 1974, as smended and in general, complaint alleging the violation with Energy Reorganization Act of 1m. se (a) Any licensee or any employee of a are ref sted to the administration or en.
the Department of Labor. Employment amend &d. may contain any provision licensee; and any contractor (including forcement of a requirement imposed Standards Administration. Wage and which would prohibit, restrict. or oth '
a supplier'or consultant), subcontrac-under the Atomic Energy Act or the.
Hour Division. The Department of erwise discourage an employee from tor. or any employee of a contractor or Energy Reorganization Act. ~
- J
-Labor may order reinetatement, back partletpating in protected activity as subcontractor. of any licensee. who (1) The protected activities include-pay, and compnsatory damages.
defined in paragraph (a)(1) of th16 soo -
(c) A violation of paragraph (a). (e).
tion including but not limited to pr6 l knowingly provides to any licensee. but are not limited to:
contractor, or subcontractor, compo-(1) Providing the Commission or his or (f) of this section by a Commission viding information to the NRC or'to -
nents, equipment. materials, or other or her empioyer information.Yut al.
licensee, an applicant for a Commis-his or her amployer on potential viol &I goods or services, that relate to a 11-leged violations of either of i.he stag, s!on license. or a contractor or sub-tions or other matters *within NRC's censee's activities subject to this part' utes named fu paragraph (a) introduo.
contractor of a Commission licensee or regulatory responsibilities.
" " 'O ;
may not:
tory text of this section or possible vio-applicant may be grounds foN isa FR 52410. Oet. 8.19931 (1) Engage in deliberate misconduct lations of requirements imposed under (1) Denial, revocation, er suspension that causes or, but for detection. would either of those statutes; of the license.
350.8 Informetlen conection requir$.
have caused, a licensee to be in viola-(11) Refusing to engage in any prac-(2) Imposition of a civil penalty on menta: OMB approval.'
~
tion of any rule. regulation, or order. Lice made unlawful.under either of the.
the licensee or applicant.
(a) The Nuclear Regulatory Commis-or any term, condition, or limitation of statutes named in paragraph-(a) intro.
(3) Other enforcement action.
sion has submitted the informattod -
any licens*, issued by the Commission. ductory text or under these require-(d) Actions taken by an employer. or collection requirementa contained in '
or ments if the employee has identified others, which adversely affect an em-this part to the Office of Mrmagement.
(2) Deliberately submit to the NRC, a the alleged illegality to the employer; ployee may be predicated upon non-and Budget (OMB) for approval as re-licensee, or a licensee's contractor or (111) Requesting the Commission to discrirninatory munds. The prohibi-quired by the Parerwork Reinetled '
subcontractor, information that the institute action against his or her emy tion applies when the adverse action Act of 1980 (44 U.S.C. 3501 et seq.)~ OMB l
occus because the employee has en - has approved the information colle(4 '
i person submitting the information ployer for the admfalstration or en '
knows to be incomplete or inaccurate forcement of these requirements:
gaged in protected activities. An em-tion requirements contained in this ~
playee's engagement in protected ac-part under control number 3150-401L
- P l
Q in some respect material to the NRC.
(iv) Testifying in any Commission tivities does not aute natically render (b) The approved information colleo :
n (b) A person who violates paragraph proceeding, or before Congress, or at him or her immune from discharge or tion requirementa contained id this (a)(1) or (a)(2) of this section may be any Federal or 8 tate proceeding re-a discipline for legitimate reasons or part appear in - H50.30 50.33. 50.33C.
O subject to enforcement action in ao-garding any provision (or proposed pro-from adverse action dictated by 00.34. 50.34a. 50.35. 50.36. 50.36a. 50.48 l
cordance with the procedures in 10 CFR vision) of either of the etatutes named nonprohibited considerations.
50.49. 50.54 50.55. 50.56a. 54).59; 50m,
-s part 2. subpart B.
t2 paragraph (a) introductory text.
o (c) For purposes of paragraph (a)(1) of (v) Aseisting or participating in, or is (e) Each licensee and each applicant 50.61. 50.63. 50.64. 50.65. 50.71. 50.72. 50.75 this section, d611 berate misconduct by about to assist or participate in, these for a license shall prominently post the Se80. 50.82. 50.90. 50.91, and appendicee N
revision of NRC Form 3. "Notles to A. B. E. O, H. I. J. K. M. N. O. Q. and l
- c. person means an intentional act or activitjes.
I omiosion that the person knows:
(2) These activities are protected Employees."
eferenced in 10 CFR R to this part.
Wl(c). This form must be posted at lo-(c) This part con
- sins information '
(1) Woula cause a licensee to be in even if no formal proceeding is actu-cations sufficient to permit employees collect.lon requirements in addition to violation of any rule, regulation, or ally initiated as a result of -the em-ptected by this section to observe a those approved under the control num-order, or any term. condition. or limi-ploy *e armistance or participation, 644 643