ML20198F718

Discusses Investigation Conducted by OI Re TU Electric Decision to Deny Individual Access to Plant.Investigation Completed 970606 to Determine Whether Recipient Violated NRC Deliberate Misconduct Rule.Nov Encl

ML20198F718
Person / Time
Site:	Comanche Peak
Issue date:	09/12/1997
From:	Merschoff E NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV)
To:	Holybee J AFFILIATION NOT ASSIGNED
Shared Package
ML20198F724	List: ML20198F718 ML20198F727
References
IA-97-072, IA-97-72, NUDOCS 9801120131
Download: ML20198F718 (3)

Text

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uN To STATES -

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' i REGloN JV k_% _

611 RYAN PLAZA drive, SutTE 400 AR LINGToN, TiXAS 760114064 September 12, 1997 IA 97 072 Mr. Jeffery W. Holybee

[Home address deleted pursuant to 10 CFR 2.790)

SUBJEC": - NOTICE OF VIOLATION (NRC INVESTIGATION 4 97-020)

Dear Mr. Holybee:

This is in reference to an investigation conducted by the NRC's Office of Invastigations (01). The investigation was based on TU Electric's decision to deny you access to Comanche Peak Steam Electric Station, Glen Rose, Texas, and was conducted to ,

determine whether you violated the NRC's deliberate misconduct rule,10 CFR 50.5. The j investigatior,~was completed June 6,1997.  :

Tne NRC's deliberate misconduct rule, a copy of which is enclosed, prohibits any employee of a contractor to an NRC licensee from deliberately providing inaccurate or incomplete information to a licensee, if the information is of a material nature to the NRC, Based on a review of TU Electric documents, the NRC has ccncluded that you deliberately.

falsified information on a 10 CFR Part 26 inquiry form which you completed in September 1996. Specifically, you indicated on that form that you had never been denied access at a nuclear power plant or other employment as a result of a fitness for-duty policy. TU Electric-determined that you tested positive in August 1995 during pre-employment testing at the D.C. Cook nuclear power plant. The falsified information is material because the NRC requires licensees to consider such information prior to employing individuals at nuclear power plants.

This intentional act constitutes a violation of the NRC's rule prohibiting deliberate misconduct. In carrying out its responsibilities, the NRC must be able to rely on information provided by licensees and their employees and the integrity of employees involved in licensed activities. This violation is described in the enclosed Notice of Vio;ation, and has been categorized at Severii, Level lli in accordance witn the General Statement of Policy and Procedure for NRC Enforecment Actions, NUREG-1600.

While the NRC has decided to issue the enclosed Notice of Violation in this case, based in part on actions already taken by TU Electric, you should be aware that violations of the cdeliberate misconduct rule may result in orders prohibiting involvement in NRC-licensed activities and may be referred to the Department of Justice for possible criminal n prosecution. Similar violations on your part in the future will result in consideration of edditional sanctions. :

Yeu are required to respond to this Notice within 30 days of the date of this letter, and 99311201 ~

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Mr. Jeffery W. Holybee . .2-should follow the instructions contained in the Notice. In addition,' the NRC requests that you include in your response a statement as to why.the NRC should have confidence _you will provide complete and accurate information in the future. The NRC will review your -

response in determining whether further enforcement action is necessary to assure compliance with NRC requirements.

- in accordance with 10 CFR 2.790 of the NRC's Rules of _ Practice, documents compiled for enforcement purposes normally are placed in the NRC's Public Document Room (PDR).

However, we will delay placing a copy of this letter and Notice in the PDR for 45 days, to  ;

allow you an opportunity to challenge the NRC's basis for issuing the enclosed Notice. If you do not respond, or do not provide an adequate basis for the NRC to withdraw its '

action, the NRC will consider this matter closed and will place copies of this letter and your_-

response in the PDR, if you have any questions about this Notice, or questions about how to respond, please conta,ct Gary Sanbom, regional Enforcement Officer, at (800)952 9677 or (817)860-8222.

Sincerely l, /

1. //

Ellis W. Mars ff Regional Administrator

Enclosures:

1. Notice of Violation

2. Deliberate Misconduct Rule,10 CFR 50.5 a - w., . - . --.. - ,

1 Mr. Jeffery W', Holybee bec w/ Enclosure 1: *

• delay 45 days a'PDR

• • LPDR

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NRR/DRPM/SGB OC/DAF (T-9E10)

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RA Reading File GSanborn EAFile RWis'e Allegation File RIV Files BMerray MIS Coordinator LWilliamson, 01 E-Mall DISTRIBUTION:

OEMAIL JDyer. (JED2)

TPGwynn (TPG) WBrown (WLB)

GSanborn (GFS) GMVasquez (GMV)

BHenderson (BWH) MHammond (MFH2)

CHackney (CAH) DKunihiro (DMK1)

Art Howell (ATH) DChamberlain (DDC)

BMurray (BXM) KBrockman (KEB)

JTapia (JIT)

DOCUMENT NAME: G:\EA\ DRAFT \EA97301.SHO ,

To receive copy of document, indicate in box: "C" = Copy without enclosures "E" = Copy with enclosures "N" =_No copy EO M C:PSB D:DF]Ql j !RC gg D:OE1 $ 15L y GSANBp g BMURRAYM W AH@h V WBROWw y r ' JLIE_BERMAN t 09A997 7Vt IA1 /

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JDYER EMERSCHOFF 09/ /97 09/ /97 OFFIClAL RECORD COPY

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