ML20198G182
| ML20198G182 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 09/12/1997 |
| From: | NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV) |
| To: | |
| Shared Package | |
| ML20198G142 | List: |
| References | |
| IA-97-073, IA-97-73, NUDOCS 9801120266 | |
| Download: ML20198G182 (3) | |
Text
NOTICE OF VIOLATION Marvin N. Shook is97-073 During an NRC investigation completed Juno 0,1997, a violation of NRC requirements was identified, in accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions," NUREG 1000, the violation is listed below:
10 CFR 50.5 states, in part, that any employee of a contractor or subcontractor of a licensco may not deliberately submit to the licensco information that the person submitting tho information knows to be incornplete or inaccurato in some respect material to the NRC.
Contrary to the above, in May 1990, Ma* vin N. Shook, an employee of a contractor to an NRC licensee, submitted information that he knew was inaccurato, and such information was material to the NRC. Specifically, Mr. Shook indicated on a 10 CFR Part 20 Inquiry form at Comancho Poak 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 Mr. Shook tested positive for marijuana in April 1992 during pre employment testing by the Tenneseo Valloy Authority (TVA) and was denied access to TVA facilities as a result. The falsified enformation is material because the NRC requires licensees to consider such information prior to employing 5dividuals at nuclear power plants.
This is a Severity Level lli violation (Supplement Vil).
Pursuant to the provisions of 10 CFR 2.201, Marvin N. Shook is hereby required to submit a written statement or explanation to the U.S. Nuclear Regulatory Commission, ATTN:
Document Control Desk, V/ashington, D.C. 20355, with a copy to the Regional Administrator, Region IV,011 Ryan Plaza Drivo, Suito 400, Arlington, Texas 70011, within 30 days of the dato of the letter transmitting this Notico of Violation (Notice). This reply should be clearly marked as a " Reply to a Notico of Violation" and should include for each violation: (1) the reason for the violation, or, if contested, the basis for disputing the violation, (2) the correctivo steps that have been taken and the results achieved, (3) the correctivo steps that will be taken to avoid furthe; violations, and (4) the date when full compliance will be achieved. Your response may reference or include previous docketed correspondence, if the correspondence adequately addresses the required responso. If an adequato reply is not recolved within the timo specified in this Notico, an order or a Demand for Information may be issued as to why the licenso should not be modified, suspended, or revoked, or why such other action as may be proper should not be taken.
Whero good cause is shown, consideration will be given to extending the rosponse time.
Under the authority of Section 182 of the Act,42 U.S.C. 2232, this responso shall bo i
submitted under oath or effirmation.
Occause your responso will be olaced in the NRC Public Document Room (PDR), to the extent possiblu, it should not E,clude any personal privacy, proprietary or saieguards information so that it can be placed in the POR without redaction, if persor.at privacy or.
propriotary information is necessary to provido an acceptable responso, then please provide 9001120266 97091n
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PDR ADOCK 05000445 0
w tJotice of Violation 2-a bracketed copy of your responso that (dontifies the information that should be protreted and a redacted copy of your "esponso that deletes such information, if you request withholding of such material, you InusJ specifically identify the portions of your respnN that you sock to havo withheld and provide in detail the bases for your clairn of withi.old-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 2.700(b) to support a request for withholding confidential commercial or financiallaformation), if safeguards information is necessary to provido an acceptablo rcaponse, please provide the level of protection described in 10 CFR 73.21.
Dated at Arlingtori, Texas g
this p day of September 1997
e=
p0.6 Delliserste seleconduct.
(a.* Any licensee or any en.ployee of a i
licensee; and any contractor (including a supplier or consultant). subcontrac.
tor, or any employee of a c >ntractor or subcontractor, of any licensee, who knowingly provides to any licensee, contractor, or subcontractor, compo.
nents, equipment, materials, or other goods or services that relate to a 11 censce's activities subject to this part; may not:
(1) 1:ngage in deliberate misconduct thst causes or, but for detection, would t
have caused, a licensee to be in viola-tion of any rule, regulation, or order, or any term, condition, or limitation of i
J any license, issued by the Commission, or (2) Deliberately submit to the Nftc. a licensee, or a licensee's contractor or subcontractor, information that the person submitting the information knows to be incomplete or inaccurate in some respect matestal to the IJRC.
(b) A person who violates paragraph (a)(1) or (a)(2) of this section may be sute t to enforcement action in ac-cordance with the procedures in 10 CI'R part 2. subpart II.
{c) For ourposes of laragraph (a)(1) of this section, deliberate misconduct by a terson means an intentional act or omission that the person knows:
(1) Would cause a licensee to be in violation of any rule, trgulation, or order, or ar( term, condition, or limi-tation, of any license 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.
114 FR W90, Aug.16,19)ll w
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