ML20206R702

Refers to Investigation 1-97-008 Conducted by Region I & Forwards Notice of Violation.Investigation Found That Recipient Deliberately Attempted to Conceal Release of Contaminated Video Equipment

ML20206R702
Person / Time
Site:	Haddam Neck File:Connecticut Yankee Atomic Power Co icon.png
Issue date:	05/12/1999
From:	Miller H NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
To:	Matt Thomas AFFILIATION NOT ASSIGNED
Shared Package
ML20206R709	List: ML20206R702 ML20206R714
References
IA-98-064, IA-98-64, NUDOCS 9905200184
Download: ML20206R702 (3)

Text

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j NUCLEAR REGULATORY COMMISSION REGION I S 475 ALLENDALE ROAD KING OF PRUSSIA, PENNSYLVANIA 19406-1415

% ***, s ,o*a lA 98-064 Mr. Michael Thomas HOME ADDRESS DELETED UNDER 2,790

SUBJECT:

NOTICE OF VIOLATION (NRC 01 Investigation 1-97-008)

Dear Mr. Thomas:

This refers to the investigation conducted by the NRC Region 1 Office of Investigations (OI) to determine if you, while in the position of Senior Health Physics Technician in February 1997, at Connecticut Yankee Atomic Company's (CYAPCo) Haddam Neck facility, attempted to conceal the licensee's release of contaminated video equipment from Haddam Neck to a non-licensed vendor facility. As noted in our letter to you dated December 21,1998, our investigation found that you deliberately attempted to conceal the release of the contaminated video equipment. On March 8, 1999, a predecisional enforcement conference (conference) was conducted with you in the NRC Region I office, to discuss the apparent violation identified during the investigation, its causes, and your corrective actions.

Based on the information developed during the investigation and at the conference, the NRC has concluded that you engaged in deliberate misconduct which, but for detection, would have caused CYAPCo to be in violation of NRC requirements. Specifically, the NRC has concluded that you deliberately attempted to conceal the release of contaminated video equipment by (1) contacting the owner of C&G Video Systems, Inc. (C&G), a non-licensed vendor facility, and suggesting that he attribute the February 26,1997, contamination survey results to a bad frisker cord or probe; and (2) requesting that the owner put the contaminated cables aside for later retrieval in your personal //

car when CYAPCo representatives traveled to C&G to retrieve the equipment. During your '

interviews with 01 in June and August 1997, as well as at the enforcement conference, you denied 6 that you deliberately attempted to conceal the release of the contaminated equipment, or that yot _/g b otherwise engaged in wrongdoing. Notwithstanding your denial, the NRC has concluded that you did engage in wrongdoing, in violation of 10 CFR 50.5. If the owner of C&G hed complied with your rege9sts, CYAPCo would have violated NRC requirements by failing to control or maintain constant surveillance of licensed material that was in are unrestricted area. Because you deliberately attempted to cause a violation of regulatory requirements, the NRC considers your actions to be a significant violation arid has classified the violation at Severity Level 111 in accordance with the

" General Statement of Policy and Procedure for NRC Enforcement Actions" (Enforcement Policy),

NUREG-1600.

You should be aware that NRC regulations allow the issuance of civil sanctions, such as a Notice of Violation, directly against unlicensed persons who engage in deliberate misconduct. An Order may also be issued to an individual to prevent his or her engaging in licensed activities at all NRC licensed facilities. The NRC gave consideration to the issuance of an Order in this case. However, 9905200184 990512 PDR ADOCK 05000213 G PDR 4

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Mr. Michael Thomas 2 after considering all of the circumstances of the case, I have been authorized, after consultation with the Director, Office of Enforcement, to issue you the enclosed Notice of Violation. The decision to issue you a Notice of Violation rather than an Order was based, in part, on the facts that: (1) you j were not in a management or supervisory position at the facility; and (2) the licensee has already taken significant disciplinary action against you. Nonetheless, you should be aware that engagement in any similar wrongdoing in the future may result in more significant enforcement action.

Since you are no longer employed in the nuclear industry, and are not seeking work in the nuclear industry, as you noted at the conference, you are not required to respond to this letter. However, if you choose to respond, you should follow the instructions specified in the enclosed Notice of Violation when preparing your response. If you intend to submit a response, you should provide us with your response within 30 days from the date of this letter.

In accordance with 10 CFR 2.790 of the NRC's " Rules of Practice," a copy of this lettar with your home address deleted, its enclosures, and your response, if you provide one, will be placed in the NRC Public Document Room (PDR).

If you have any questions or comments, please contact Dr. Ronald Bellamy (610) 337-5200.

Sincerely, H bert J. Miller Regional Administrator

Enclosure:

Notice of %olation cc w/ encl:

R. A. McIlor, Vice President, Operations and Decommissioning Connecticut Yankee Atomic Power Company .

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[ Cf PDR Mr. Michael Thomas  ;

DISTRIBUTION:

SECY CA PUBLIC WTravers, EDO MKnapp, DEDE FMiraglia, DEDR JLieberman, OE HMiller, RI SCollins, NRR BSheron, NRR BKane, NRR DDambly, OGC Enforcement Coordinators Rl, Ril, Rlli, RIV BBeecher, OPA HBell, OlG PLohaus, OSP GCaputo, O1 OE:EA (2)(Also by E-Mail)

NUDOCS Nuclear Safety information Center (NSIC)

DScrenci, PAO-RI NSheehan, PAO-Ri

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