ML20206J229

Discusses Responding to NOV Issued on 990105.NOV Was Based on NRC Conclusions That Licensee Provided NRC Inspector with Info Licensee Knew Was Inaccurate & Incomplete

ML20206J229
Person / Time
Site:	River Bend
Issue date:	05/03/1999
From:	Merschoff E NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV)
To:	Wells A ENTERGY OPERATIONS, INC.
References
IA-98-004, IA-98-4, NUDOCS 9905120161
Download: ML20206J229 (3)

Text

l UNITED STATES f

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NUCLEAR REGULATORY COMMISSION

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REGloN IV 611 RYAN PLAZA DRIVE, SulTE 400

,,,g ARLINGTON, TEXAS 76011-8064 May 3, 1999 1

IA 98-004 I

Mr. A. Davey Wells Superintendent of Radiation Control

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River Bend Station i

P.O. Box 220 St. Francisville, Louisiana 70775

SUBJECT:

RESPONSE.TO NOTICE OF VIOLATION (NRC INVESTIGATION REPORT NO. 4 97-059) i

Dear Mr. Wells:

i This refers to your letter dated March 15,1999, responding to the Notice of Violation issued to you on January 5,1999. The Notice of Violation was based on the NRC's conclusion that you provided an NRC inspector with information that you knew was inaccurate and incomplete. The NRC's conclusion was based on the information obtained during the subject NRC investigation and on information provided by both you and your employer.

You reiterated your position that you did not intend to mislead the NRC inspector, and that the situation involved a miscommunication because you were not adequately prepared for the meeting. You stated that your attempt to continue the dialogue with the Senior Resident Inspector reflected your understanding that the discussions on October 15,1997, were not final.

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You also stated that you believe the NRC's " rush"into the investigative process was

" precipitous and unfair," and precluded an opportunity to address the miscommunication j

through further dialogue with the inspectors, as is the normal communications process. Your letter also stated your intent not to pursue a formal appeal because of the heavy personal toll.

The NRC acknowledges your position regarding the violation of the deliberate misconduct rule and recognizes that you have consistently maintained that you did no.t intend to mislead the j

Senior Resident inspector. However, your letter presented no new information that had not t

already been considered. The bases for the NRC's conclusion were documented in the January 5,1999 letter and Notice of Violation.

U Regarding the faimess of the NRC's actions in initiating the investigation by the Office of Investigations (OI) and in limiting further communication between you and the inspectors, the

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NRC maintains that it acted responsibly and in accordance with its allegation process. The NRC's decision to initiate an 01 investigation wan based on concerns that you might have intended to mislead the inspectors. Merely conducting an 01 investigation is not equivalent to a conclusion that wrongdoing occurred. Your opportunity to correct the "miscommunication" with the NRC occurred through the 01 interview and, subsequently, through both the predecisional 1

enforcement conferences which you attended and the related correspondence. The NRC took D

j i enforcement action against you only after the NRC was satisfied that you were aware, on October 15,1997, that the information you provided the inspector was incomplete and inaccurate. Given the circumstances in this case, including the low safety significance of the

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9905120161 990503 PDR ADOCK 05000458 G

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L' Mr. A. Davey Wells -

2 matter you were discussing with the inspector, the NRC took a measured action in accordance with the deliberate misconduct rule and the Enforcement Policy.

A copy of this letter and your March 15,1999 letter will be placed in the NRC's Public Document Room. The NRC considers this matter closed. However,if you have further questions, please

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- contact Mr. Art Howell at 817-860-8100 or 800-952-9677.

Sincerely, l

Ellis W. Mersch Regional Admi attrator i

Docket No. 50-458 License No. NPF cc:

Randall K. Edington, Vice President - Operations River Bend Station Entergy Operations, Inc.

P.O. Box 220 St. Francisville, Louisiana 70775

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'e Mr. A. Davey Wells 3

BCC W/ ENCLOSURE.

PDR RA READING FILE NUDOCS GSANBORN-EAFILE SEC - (0-16 C1)

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4 RIV FILES A

PAO-HENDERSON OPA (0-2 A13)

RSLO (HACKNEY)

EDO (0-16 E15)

LWILLIAMSON, Ol i

OlG (T-5 D28)

DRS BRANCH CHIEF (IF APP)

DEDE (0-16 E15)

DRP BRANCH CHIEF DEDR (0-16 E15)

D. DAMBLY, OGC (0-15 B18) i DIRECTOR, OE (0-7 H5)

J. ZWOLINSKI, NRR OE:EAFILE (O-7 H5)

S. RICHARDS, NRR Ol (0-3 F1)

EC'S: RI, Ril, Rlli j

E-MAIL DISTRIBUTION:

OEMAIL REIS (TXR)

MERSCHOFF (EWM)

GWYNN (TPG) j SANBORN (GFS)

BROWN (WLB)

HENDERSON (BWH)

HACKNEY (CAH)

BROCKMAN (KEB)

JOHNSON (WDJ)

CMARSCHALL GREPLOGLE AHOWELL (ATH)

GGOOD (GMG)

VASQUEZ (GMV)

FREEMAN (HAF)

MSHANNON (MPS1)

WSMITH 1

DNELSON (DJN)

TREIS (TXR)

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