ML20203G959
| ML20203G959 | |
| Person / Time | |
|---|---|
| Issue date: | 11/06/1985 |
| From: | Stephen Burns NRC |
| To: | Jordan E NRC OFFICE OF INSPECTION & ENFORCEMENT (IE) |
| Shared Package | |
| ML20203G948 | List: |
| References | |
| FOIA-86-188 NUDOCS 8604290397 | |
| Download: ML20203G959 (3) | |
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UNITED STATES NUCLEAR REGULATORY COMMISSION e
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in drafting the notice.
We would make the additional change to page 2 of the enclosed dra f t.
Steve Burns
Enclosure:
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S. Ebneter, RI J. Gutierrez, RI e
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8604290397 860404 PDR FDIA GARDE 86-188 PDR n
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IE INFORMATION NOTICE NO. 85-: JAIL TERM FOR FORMER CONTRACTOR EMPLOYEE WH INTENTIONALLY FALSIFIED WELDING INSPECTION RECORDS ADDRESSEES:
All nuclearspower reactor facilities holding an operating Ifcense (0L) or a construction permit (CP)
PURPOSE:
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This information notice is to inform licensees, contractors and their employees of the criminal prosecution by the U.S. Department of Justice of a contractor QC inspector employed at the Seabrook Nuclear Power Station, and a resultant jail sentence.
The individual intentionally falsified records of liqtiid penetrant and magnetic particle testing of welded joints in piping, pipe braces and structural steel.
The NRC expects that recipients will review and provide widespread dissemination of this notice to employees and contractors' employees involved in safety-related activities, especially those employees involved in making and keeping records. The NRC further expect that recipients will remind their own and contractor employees that not only are licensees subject to' civil enforcement action for violations of NRC requirements, but individuals who intentionally violate these requirements are also subject to criminal prosecution.
DESCRIPTION OF CIRCUMSTANCES:
In March,1983, nanagement of Pullman Higgins (P-H), principal contractor for construction of the Seabrook Nuclear Power Station, identified deficiencies in c
a QC inspection report of liquid penetrant and magnetic particle testing.
Rather than assume the deficiency to be an isolated occurrence, P-H investigated other reports prepared by the individual and found similar deficiencies. As a result, the individual's employment was terminated in April, 1983.
Subsequently, during an investigation conducted by the NRC's Office of Investigation (OI), the individual, after initial denial, admitted falsifying the inspection reports in that he documented work as being complete and acceptable, when in fact he had not performed the inspection of the work.
Further, the individual also admitted that he had lied on his job application and resume regarding his formal education and previous NDE certification. The case was referred to the Department of Justice and on September 30, 1985, the U.S. Attorney in New Hampshire announced that the individual was sentenced to six months imprisonment and three years probation following his guilty plea to two counts of an indictment charging, under 18 U.S.C. S1001, that he filed false statements on documents required by the NRC tii be maintained.
DISCUSSIGN:
Licensees have the responsibility to monitor the safe construction and operation of nuclear power generating facilities to assure quality in all
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licensed activities.
In so doing, licensees must not only utilize trained
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j individuals and provide adequate procedur
, but must also exercise supervision over their employees and their contracto employ es to assure adherence to procedures and NRC requirements. While violat'.ons of NRC requirements caused by inattention to detail or human error are unacceptable to the NRC and may result in civil enforcement action, they do not subject individuals to criminal prosecution.s However, violations caused by intentional acts are intolerable and may subject corporations, the individual wrongdoer, and others who knew and condoned his act's, to criminal prosecution. As evidenced by this reported case, the criminal sanctions available may include a jail sentence.
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