Text

Discusses Insp Repts 50-373/98-17 & 50-374/98-17 & OI Rept 3-98-015 Completed on 981119 & Forwards Nov.Apparent Deliberate Violation of NRC-required Comed Fitness for Duty Program Noted
	ML20205D697
Person / Time
Site:	LaSalle
Issue date:	03/29/1999
From:	Dyer J; NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To:	Chon Davis; AFFILIATION NOT ASSIGNED
Shared Package
ML20205D703	List: ML20205D697; ML20205D705;
References
	50-373-98-17, 50-374-98-17, IA-99-009, IA-99-9, NUDOCS 9904020282
	Download: ML20205D697 (4)
	v • d • e

{{#Wiki_filter:_

_ Y A

            -@%
                '
     t-
                                                                UNITED STATES :
   U [g-             ,
                        ,It-.                      . NUCLEAR REGULATORY COMMISSION
         4                  -S-                                     REGloN lli -
         E'
                                                             801 WARRENVILLE ROAD
            -**..+ '
             -
                           /                                USLE. ILUNotS 60632-4351
                                                              March 29, 1999
                    lA 99-009
                  - Mr Charles W.- Davis
                    (Home Address Deleted:
                    Under 10 CFR 2.790(a))
                   . SUBJECT:        NOTICE OF VIOLATION AND EXERCISE OF ENFORCEMENT DISCRETlON
                                     (NRC INSPECTION REPORT NOS. 50-373/98017(DRS); 50-374/98017(DRS)
                                                                                                                          i
                                   . AND NRC OFFICE OF INVESTIGATIONS REPORT NO. 3-98-015)
                    Dear Mr. Davis:                                                                                       1
                    This refers to the inspection and subsequent investigation by the U.S. Nuclear Regulatory
                    Commission (NRC) Office of Investigations (OI) into information reported to the NRC by the
                    Commonwealth Edison Company (Comed) on May 18,1998, that you were involved in an
                    apparent deliberate violation of the NRC-required Comed fitness for duty (FFD) program. By
                    letter dated January 14,1999,- the NRC notified you of this apparent deliberate violation at the
                   . Comed LaSalle County Station and provided you with copies of the inspection report and the .
                    synopsis of the Ol report.' That letter also informed you of the opportunity to meet with the NRC
                    in a predecisional enforcement conference (PEC) or provide the NRC with a written response.
                    The letter also asked that you inform the NRC within seven days of your intention to either
                                                                                                                      [
                    attend a PEC or provide a written response, and asked that your written response, if that was       7
                    your preference, be submitted to the NRC within 30 days. As of the date of this letter and
                  ' Notice of Violation (Notice), you have not responded to the NRC's January 14,1999, letter.
                    Based on the information developed during the NRC inspection, the Ol investigation, Comed's
                    investigation, and the information provided 'in Comed's letter dated February 17,1999,
                    (enclosed), the NRC has determined that a deliberate violation of NRC requirements occurred.
                    The v_iolation is cited in the enclosed Notice and the circumstances surrounding it are described
                  - in detail in the inspection rmrt, the investigation reports, the NRC's January 14,1999, letter to
                    you, and the Comed letto dated February 17,1999.
                  , in summary,10 CFR SC j(a)(1), " Deliberate Misconduct," prohibits an employee of a contractor
                    to an NRC licensee (Comed) from engaging in deliberate misconduct that causes or, but for
                    detection, would have caused a licensee to be in violation of any regulation issued by the NRC.
                    13 CFR 26.20 requires Comed to establish and implement written policies and procedures
                    designed to meet the general performance objectives and specific procedures of
                    10 CFR Part 26, " Fitness for Duty Programs." As a supervisor for the Raytheon Corporation a
                    contractor at the Comed LaSalle County Station, you received training on the for-cause lTO
                    %;.q; reuirement. Moreover, you knew from prior experience that you were required to direct
                    the employee to FFD for-cause testing before the employee left the LaSalle County Station.
                    However, on May 11,1998, you deliberately allowed an employee, upon whom you had already
                                       .
                    detected the odor of alcohol, to leave the station without the employee submitting to a for-cause
                  - FFD test in violation of Comed's FFD procedure. Your actions on May 11,1998, placed you in
               '9904020282 990329                     'E
                PDR- ADOCK 05000373                     i
          ,
                 G.                       PDR           (
                                               1
LS

w-

. .
,N _
C. Davis- - -2-
t
6
violation of 10 CFR 50.5, and caused Comed to be in violation of its NRC-required FFD
- program. These violations have been categorized in accordance with the " General Statement j
- of Policy and Procedure for NRC Enforcement Actions" (Enforcement Policy), NUREG-1600, at
Severity Level 111.'
The NRC staff considered issuing an Order prohibiting your involvement in licensed activities.
However, the NRC has decided to issue the enclosed Notice in this case because of the
employment action already taken by Comed against you. You should be aware that a similar
violation on your part, in the future, may result in more significant enforcement actions. j
jThe investigations disclosed a second act of apparent deliberate misconduct by you. On
- May 19,1998, Comed reported to the NRC that you provided false information on May 18,
1998, during the. Comed investigation into the FFD testing issue. You originally stated to
_
Comed investigators that you had not detected t* ' odor of alcohol on the employee. However, {'
at your first opportunity you voluntarily recanted that information and stated that you actually
had detected the odor of alcohol. The NRC recognizes that the FFD testing issue may have
-gone _ unresolved without your voluntary recantation of the incomplete or inaccurate information. '
: Therefore, the NRC is exercising the enforcement discretion authorized by Section Vll.B.6 of
the NRC Enforcement Policy, and the NRC is not issuing a violation for incomplete or j
- inaccurate information that you initially provided to the Comed investigators.
The NRC has concluded that information regarding the reason for the enclosed violation, the
corrective actio.ns taken and planned to correct the violation and prevent recurrence and the
dates when full compliance was achieved is adequately addressed on the docket in NRC 1
Inspection Report Nos. 50-373/98017(DRS); 50-374/98017(DRS) and in a February 17,1999, I
. letter from Comed. Therefore, you are not required to respond to this letter unless the
description therein does _not accurately reflect your position. Should you choose to respond in
writing, your response shoe!d be. clearly marked as a " Response to Apparent Violation
- lA 99-009," and should include for the apparent violation: (1) the reason for the apparent
.
violation, or, if contested, the basis for disputing the apparent violation; (2) the corrective steps
- that have been taken and the results achieved; (3) the corrective steps that will be taken to I
avoid further violatiom; and (4) the date when full compliance will be achieved. Your response -{
- should be submitted under oath or affirmation and.may reference or include previous docketed
correspondence,if the corespondence adequately addresses the required response. The ;
: response should be addrened to the NRC Document Control Desk, Washington, DC 20555,
J
' with copies to the Director, NRC Office of Enforcement, Washington DC 20555, the Regional j
Administrator and Enforcement Officer, U.S. Nuclear Regulatory Commission, 801 Warrenville i
Road, Lisle, IL 60532-4351, and the NRC Resident inspector _ at the LaSalle County Station. i
in accordance with 10 CFR 2.790 of the NRC's " Rules of Practice," a copy of this letter, its
enclosure, and your response (if you choose to provide one) will be placed in the NRC Public
Document Room (PDR). To the extent possible, your response should not include any personal
l
-.

   .       .
   _ _
             _ C. Davis                                       -3-_
       ,      privacy, proprietary, or safeguards information so that it can be placed in the PDR without
              redaction.
                                                            Sincerely,
                                                                   1/V
                                                            James E. Dyer
                                                            Regional Administrator
              Docket Nos. 50-373; 50-374
              License Nos. NPF-11; NPF-18

'

              Enclosures: 1. Notice of Violation
                           2. Comed's 2/17/99 Letter
         ,
 4

r .

                                                      1
       ;'
 .5.
            t   C. Davis                     .     3-

L

                                           .
                                                p.
               . DISTRIBUTION:       /         j.
                PUBLICR4fi           #e
                SECY
               .CA
                WTravers, EDO
                MKnapp, DEDE
                LChandler, OGC
                JGoldberg, OGC
                SCollins, NRR
                RZimmerman, NRR
              . Enforcement Coordinators
                 RI, Rll and RIV
                Resident inspector, LaSalle
                JGilliland, OPA
                HBell, OlG
                GCaputo, O1
                TMartin, AEOD
              ' OE:ES
                OE EA (2)
                RAO: Rill
                SLO: Rill
                PAO:Rlll5
                OCFO/LFARB w/o encl..
                DRP
                Docket File                              .
     .
                                                        ll
                                                        I
                                                        {
                                                         l
                                                        i
                                                      a
                                                        l
                                        020034          )
                                                        l
                                                         4

r

p , <

}}

ML20205D697

Text

Navigation menu

Search