ML20206R714

Notice of Violation from Investigation on 970314-0722. Violation Noted:M Thomas Engaged in Deliberate Misconduct on 970227,that But for Detection,Would Have Caused Licensee to Be in Violation of 10CFR20.1802

ML20206R714
Person / Time
Site:	Haddam Neck File:Connecticut Yankee Atomic Power Co icon.png
Issue date:	05/12/1999
From:	NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
To:
Shared Package
ML20206R709	List: ML20206R702 ML20206R714
References
IA-98-064, IA-98-64, NUDOCS 9905200187
Download: ML20206R714 (2)

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ENCLOSURE I

NOTICE OF VIOLATION I Mr. Michael Thomas lA 98-064

[HOME ADDRESS DELETED UNDER 10 CFR 2.790 l

During an investigation conducted by the NRC Office of Investigations between March 14,1997, and July 22,1998, a violation of NRC requirements was identified. In accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions," (Enforcement Policy), NUREG- )

1600, Revision 1, the violation is listed below. 1 i

10 CFR 50.5(a)(1) states, in part, that any employee of a licensee may not engage in deliberate misconduct that causes or, but for detection, would have caused a licensee to be 1 in violation of any rule, regulation, or any term or condition of a license, issued by the l Commission.

10 CFR 20.1802 requires that the licensee control and maintain constant surveillance of I licensed material that is in a controlled or unrestricted area and that is not in storage. As defined in 10 CFR 20.1003, controlled area means an area, outside of a restricted area but inside the site boundary, access to which can be limited by the licensee for any reason; and i unrestricted area means an area, access to which is neither limited nor controlled by the licensee.

Contrary to the above, you engaged in deliberate misconduct on February 27,1997, that, but for detection, would have caused the licensee to be in violation of 10 CFR 20.1802.

Specifically, on February 27,1997, you contacted the owner of C&G Video Systems, Inc.

(C&G) in Oswego, New York, after leaming that contaminated equipment had apparently been released from the Haddam Neck facility to C&G, and you requested that the owner conceal the contaminated equipment from licensee representatives who would travel to C&G to retrieve the material. Specifically, you requested that the ownor create a problem with his frisking instrument and put clean (not contaminated) video equipment (cables) in place of the contaminated cables when the representatives arrived, so that after the licensee representatives surveyed the cables and found them clean, they would assume that the problem was with the instrument, rather than from contamination of the equipment. You also stated to the owner of C&G that you would come back after the licensee employees left, I and take the cables back in your personal vehicle. If the owner of C&G had complied with your requests, the licensee would have been in violation of 10 CFR 20.1802 in that the .

I licensee would not have been able to control or maintain constant surveillance of the video

. equipment which was in an unrestricted area. The video equipment was found to have radioactive contamination of up to 10,000 disintegrations per minute (dpm), and was therefore licensed material. .

i This is a Severity Level Ill violation (Supplements IV and Vil).

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9905200187 990512 4 PDR ADOCK 05000213 G PDR .

I Enclosure 2 You are not required to respond to this Notice of Violation. However, if you choose to respond, your response should be submitted in writing to the U.S. Nuclear Regulatory Commission, ATTN:

Document Control Desk, Washington, D.C. 20555 with a copy to the Regional Administrator, U.S.

Nuclear Regulatory Commission, Region I,475 Allendale Road, King of Prussia, Pennsylvania 19406-1415. Your response, if you submit one, should be clearly marked as a " Reply to a Notice of Violation," and it should include the reason for the violation, or, if contested, the basis for disputing the violation or severity level. The NRC will use your response, in part, to determine whether further enforcement action may be necessary to ensure compliance. Pursuant to 10 CFR 2.201, any response you choose to submit should be submitted within 30 days of the date of this Notice of Violation, and under the authority of Section 182 of the Atomic Energy Act of 1954, as amended,42 U.S.C. 2232, any response you submit shall be submitted under oath or affirmation.

If you contest this enforcement action, you should also provide a copy of your response to the 1 Director, Office of Enforcement, United States Nuclear Regulatory Commission, Washington, DC l 20555-0001.

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Because any response you submit will be placed in the NRC Public Document Room (PDR), to the  ;

extent possible, it should not include any personal privacy, proprietary, or safeguards information so that it can be placed in the PDR without redaction. If such information is necessary to provide l an acceptable response, then please provide a bracketed copy of your response that identifies the information that should be protected and a redacted copy of your response that deletes such information, if you request withholding of such material, you Inytt specifically identify the portions of your response that you seek to have withheld and provide in detail the bases for your claim of withholding (e.g., explain why the disclosure of information will create an unwarranted invasion of personal privacy).

Dated at King of Prussia, PA this 12th day of May 1999 j l

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