ML20198F727

Notice of Violation from Investigation Completed on 970606. Violation Noted:Jw Holybee,Employee of Contractor,Submitted Inaccurate Info to NRC

ML20198F727
Person / Time
Site:	Comanche Peak
Issue date:	09/12/1997
From:	NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV)
To:
Shared Package
ML20198F724	List: ML20198F718 ML20198F727
References
IA-97-072, IA-97-72, NUDOCS 9801120132
Download: ML20198F727 (3)

Text

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NOTICE OF VIOLATION Jef fery W. Holybee IA 97 072 During an NRC investigation completed June 6,1997, a violation of NRC requiiements was identified. In accordance with the " General Statement of Policy and Procedure .*or NRC Enforcement Actions," NUREG-1600, the violation is listed below:

10 CFR 50.5 states, in part, that any employec of a contractor or subcontractor of a licensee may not deliberately submit to the licensee information that the person submitting the information knows to be incomplete or inaccurate in some respect material to the NRC.

Contrary to the above, in September 1996, Jeffery W. Holybec, an employee of a contractor to an NRC licensee, submitted informa in that he knew was inaccurate, and such information was rnatorial to the NRC. Specifically, Mr. Holybee indicated on a 10 CFR Part 26 Inquiry form at Comanche Peak Steam Electric Station that he had never been denied access to a nuclear power plant or other employment as a result of a fitness for duty policy. TU Electric determined that he tested positive in August 1995 during pre-employment testing at the D.C. Cook nuclear power plant.

The f alsified information is material because the NRC requires licensees to consider such info mation prior to employing individuals at nuclear powr plants.

This is a Severity Level lil violation (Supplement Vil).

Pursuant to thu provisions of 10 CFR 2.201, Jeffery W. Holybec is hereby required to submit a written statement or explanation to the U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washingtcn, D.C. 20555, with a copy to the Regional Administrator, Region IV,611 Ryan Plaza Drive, Suite 400, Arlington, Texas 76011, within 30 days of the date of the letter transmitting this Notice of Violation (Notice). This reply snould be clearly marked as a " Reply to a Notice of Violation" and should include for och violation: (1) the reason for the violation, or, if contested, the basis for disputing the violation, (2) the corrective steps that have been taken and the results achit/<ed, (3) the corrective steps that will be taken to avoid further violations, and (4) the date when full compliance will be achieved. You response may reference or include previous docketed correspondence, if the corresponocnce adequately addresses the required response. if an adequate reply is not received within the time specified in this Notice, an order or a Demand for Information may be issued as to why the license should not be modified, suspended, or revoked, or why such other action as may be proper should not be taken.

Where good cause is shown, consideration will be given to extending the response time.

Under the authority of Section 182 of the Act,42 U.S.C. 2232, this response shall be submitted under oath or affirmation.

Because your rosponse will be placed in the NRC Public Document Room (PDR), to the extent possible, it should not include any personal privacy, proprietary or safeguards information so that it can be placed in the PDR without redaction. If personal privacy or proprietary information is necessary to provide an acceptablo response, then please provide a bracketed copy of your response that identifies the information that should be protected 9801120132 970912 PDR ADOCK 05000445 G PDR

9 Notice of Violation 2-and a redacted copy of your response that deletes such information if you request withholding of such material, you must specifically identify the portions of your response that you seek to have withheld and provide in detail the bases for your claim of withhold-ing (e.g., explain why the disclosure of information will create an unwarranted invasion of personal privacy or provide the information required by 10 CFR 2.790(b) to support a request for withholding confidential commercial or financialinformation). If safeguards information is necessary to provide an acceptable response, please provide the level of protection described in 10 CFR 73.21.

Dated 31 Arlington, Texas this /.1Uby of September 1997

n i t,0.5 Deliberste miscos. duct.

(a) Any licensee or any employee of a licensee; and any contractor (including -

a supplier or consultant), subcontrac.

tnr or any employee of a contractor or subcontractor, of any licensee, who.

knowingly provides to any licensee, contractor, or subcontractor, compo-nents, cQuipment, materials, or other goods or services, that relate to a 11-censee's activities subject to this part; may not:

(1) Engage in deliberate misconduct that causes or, but for detection, would I have caused, a licensee to be in viola- '

- tion of any rule, regulation, or order, or any term, condition, or limitation of any license, issued by the Commlaston, or (2) Delibe, ately submit to the NRC, a licensee, or a licensco'c contractor or subcontractor, information that the person submitting the information knows to be incomplete or inaccurate in some respect matet tal to the NRC, (b) A pers' "o violates paragraph (a)(1) or (a?' N this section may be subject to ene. ; ment action in ac-cordance with the procedures in 10 CFR part 2. subpart D.

(c) For ourposes of paragraph (t)(1) of this section, deliberate misconduct by a person means an intentional act or omission that the person knows:

(1) Would csuse a licensee to be in violation of any rule, regulation, or order, or any term, condition, or ilml-t.ation, of any licenso issued by the Commission, or (2) Constitutes a violation of a re-quirement, procedure, instruction, con-tract, purchase order or policy of a 11-censee. contractor. or subcontractor.

156 FR 4MO. Aur,15,19311 i

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