ML20198G136

Discusses Investigation Rept 4-97-020 & Forwards Nov.Based on Review of Util Documents,Nrc Concluded That Recipient Deliberately Falsified Info on 10CFR26 Inquiry Form Which Was Completed in May 1996

ML20198G136
Person / Time
Site:	Comanche Peak
Issue date:	09/12/1997
From:	Merschoff E NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV)
To:	Shook M AFFILIATION NOT ASSIGNED
Shared Package
ML20198G142	List: ML20198G136 ML20198G182
References
IA-97-073, IA-97-73, NUDOCS 9801120254
Download: ML20198G136 (3)

Text

.

- -- - _~ - -

j r

k' Not UNlrEO STAf ts f

f

• t NUCLEAR REGULATORY COMMISSION i

b MtoloNiv

$11 NY AN PLAZA DRivt, suliE 400

... +,

AhLINGioN, TEXAS M011 s064 L

September 12, 1997 IA 97-073 Mr. Marvin N. Shook (Home address deleted pursuant to 10 CFR 2.790)

SUBJECT:

NOTICE OF VIOLATION (NRC INVESTIGATION 4 97 020)

Dear Mr. Shook:

This is in reference to an investigation conducted by the NRC's Office of Investigations (01). The investigation was based on TU Electric's decision to deny you I

access to Comanche Peak Steam Electric Station, Glen Rose, Texes, and was conducted to determine whether you violated the NRC's deliberate misconduct rule,10 CFR 50.5. The investigstion was completed June 6,1997.

The 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 concluded that you deliberately f alsified information on a 10 CFR Part 26 inquiry form which you completed in May 1996.

Specifically, you indicated on that forrr that you had never been denied access at a nuclear power plant er other employment as a result of a fitness for duty policy. TU Electric determined that you tested positive for marijuana in April 1992 during pre employment testing by the Tennesee Valley Authority (fVA) and were denied access to TVA facilities as a result. 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 violstion is described in the enclosed Notice of Violation, and has been categorized at Saverity Levellliin accordance with the General Statement of Policy and Procedure for NRC Enforcement 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 deliberate rnisconduct rule may result in orders prohibiting involvement in NRC licensed activities and may be referred to the Department of Justice for possible criminal prosecution. - Similar violations on your part in the futur,e will result in consideration of additional sanctions, You are required.to respond to this Notice within 30 days of the date of this letter, and 9901120254 970912 ll l l lIlllll Ol l ll PDR ADOCK 05000445 is Ii II III Ill i Il e

PDR

t t

Mr. Marvin N. Shook 2-l l

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 I

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 i

compliance with NRC requirements.

1 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).

I However, we will delay placing a copy of this letter and Notice in the PDR for 45 days, to-i allow you an opportunity to challenge the NRC's basis for issuing the enclosed Notice. lf 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 l

response in the PDR.

if you have any questions about this Notice, or questions about how to respond, please contact Gary Sanborn, regional Enforcement Officer, at (800)952 9677 or (817)860 8222.

Sincerely, A.#

Ellis W. Mersch Regional Admi strator

Enclosures:

1. Notice of Violation

2. Deliberate Misconduct Rule,10 CFR 50.5 8

i e

i

._._._.,__..m;.._.

_ _ _ __.._, /.,.-_.._.,,.__,,

_,_,__._.,.,,_____.,_.,,...a..,__..._.._;

4

- D l

i Mr. Marvin N.' Shook 3-i bec w/ Enclosure 1: delay 45 days l

PDR

["

LPDR

NUDOCS i

TU Electric SECY EC's: Rl,Ril,Rlli CA PA (0 2G4)

EDO (017G21)

OlG (T SD28)

I DEDO (017G21)

OE (0 7H5)

OE:EAFile (0 7H5) 01 (0 3E4)

OGC (015B18)

OGC (015B18)

NRR (012G18)

NRR/ADP (012G18) j NRR/DRPM/SGB OC/DAF (T 9E10) j OC/LFDCB (T 9E10)

AEOD (T 4D18)

RA Reading File GSanborn EAFile l

RWise. Allegation File RIV Files MIS Coordinator BMurray LWilliamson, 01 E-Mall DISTRIBUTION:

l OEMAll JDyer (JED2)

TPGwynn (TPG)

WBrown (WLB)

G3anborn (GFS)

GMVasquez (GMV)

BHenderson (BWH)

MHammond (MFH2l l

CHackney (CAH)

DKunihiro (DMK1)'

Art Howell (ATH)

DChamberlain (DDC)

BMurray (BXM)-

KBrockman (KEB)

JTapia (JIT) j tM L

DOCUMENT NAME: G:\\EA\\ DRAFT \\EA97@4.SHO To receive copy of document, Ind6cate in box: "C" = Copy wthout enclosures

• E"

• Copyyp enclosures *N",gNo,copt EO g/

C:PSB D:DRS, /

RC

/W D:OE' MP GSLNB N BMURRA M V AHWLL WBROWN' ~

JLIE_BERMAN I 09P,/97 09/

09/ V97.

09/ll/97 09AU/97 14 W

~

mummunumammuumsummamuss immmenamnpinumme mammamuummmmmmmme mamma summe DRA Rg JDYER fp) ASCHOFF 09/ /97 f9J3t97 OFFICIAL RICORD COPY i

f D

j/

120006 s

I

~.

,,