ML20210C420
| ML20210C420 | |
| Person / Time | |
|---|---|
| Site: | Zion File:ZionSolutions icon.png |
| Issue date: | 07/20/1999 |
| From: | Dyer J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| To: | Everson N AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML20210C425 | List: |
| References | |
| IA-99-031, NUDOCS 9907260060 | |
| Download: ML20210C420 (3) | |
Text
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[g*%k NUCLEAR REEULATORY COMMISSION
.k UNITED STATES S
REGloN 111
,3 iE 801 WARRENVILLE ROAD k,
USLE. ILUNOIS 60532-4351 July 20, 1999 lA 99-031
. Neil Everson
[HOME ADDRESS DELETED UNDER 10 CFR 2.790(a))
SUBJECT:
NOTICE OF VIOLATION (NRC OFFICE OF INVESTIGATIONS REPORT NO. 3-98-017) i
Dear Mr. Everson:
This refers to the investigation by the U.S. Nuclear Regulatory Commission (NRC) Office of Investigations (01) into information reported to the NRC by the Commonwealth Edison Company (Comed) on February 24,1998, that you brought a personal handgun into the personnel search area at the Comed Zion Station. The information from Comed indicated that at your request, another officer (who had operated the x-ray search equipment) did not make the required notifications that a firearm had been identified through the x-ray search process.
A copy of the synopsis of the Ol report is enclosed.
Based on the information developed during the 01 investigation, Comed's investigation, and the information provided in a letter from Comed dated May 27,1999, the NRC has determined that a violation of NRC requirements occurred. The violation is cited in the enclosed _ Notice of Violation (Notice) and the circumstances surrounding it are described in the investigation reports and the Comed letter dated May 27,1999.
In summary, you inadvertently brought a handgun to the Zion Station on February 24,1998, which was detected during the x-ray search of your belongings. Upon detection of the handgun, the x-ray eouipment operator failed to secure the weapon to prevent your access to
' it. You retrieved the weapon and asked the x-ray equipment operator to not report the incident because you feared your employment would be terminated for bringing a firearm to the Zion Station. With your assistance, the x-ray equipment operator erased the image of the handgun from the x-ray monitor. You then left the access control area of the Zion Station. You later retumed to the personnel search area and again asked the x-ray equipment operator to not report the event. At that time you attempted to give cash to the x-ray equipment operator, which the operator did not accept. The procedures implementing the NRC-approved Zion security plan required the x-ray equipment operator to immediately notify the alarm station and a supervisor upon discovery of a firearm. The x-ray equipment operator did not make those immediate notifications'because of your request. Your actions on February 24,1998, placed Comed in violation of the NRC-approved security plan for the Zion Station, and yourself in 1
violation of 10 CFR 50.5," Deliberate Misconduct. To emphasize the seriousness of your
/
actions, the violation has been categorized in accordance with the " General Statement of 1
Policy and Procedure for NRC Enforcement Actions"(Enforcement Policy), NUREG-1600, at Severity Level ill. Copies of 10 CFR 50.5 and the Enforcement Policy are also enclosed.
1 J
i 9907260060 990720 PDR ADOCK 05000295 G
PDR j
4 4
N. Everson )
The NRC staff considered issuing an Order prohibiting your involvement in licensed activities as a result of your actions. However, the NRC has decided to issue the enclosed Notice of Violation after considering the circumstances of this case, including the facts that: (1) Comed took action regarding your wrongdoing, including removing your unescorted access privileges at the Zion Station; (2) you are no longer are employed at Zion and, (3) upon your termination of employment at the Zion Station, Comed annotated in the Personnel Access Database System that your access to the facility was not terminated favorably. However, you should be aware that any similar future violation on your part may result in a more significant enforcement action.
Please feel free to contact Mr. James R. Creed of the NRC Region lll Security Staff if you have any questions. Mr. Creed can be contacted at toll free telephone number 1-800-522-3025 or (630) 829-9500.
You are required to respond to this letter within 30 days of the date of this letter, and you should follow the instructions specified in the enclosed Notice when preparing your response. The NRC will use your response, in part, to determine whether further enforcement action is necessary to ensure compliance with regulatory requirements.
In accordance with 10 CFR 2.790 of the NRC's " Rules of Practice," a copy of this letter, its enclosures, and your response (with your home address removed) will be placed in the NRC Public Document Room (PDR). To the extent possible, your response should not include any personal privacy, proprietary, or safeguards information so that it can be placed in the PDR without redaction.
Sincerely, hVI bV J. E. Dyer Regional Administrator Docket Nos. 50-295; 50-304 License Nos. DPR-39; DPR-48
Enclosures:
- 2. Of Synopsis 3.10 CFR 50.5
- 4. Letter to Comed
- 5. NRC Enforcement Policy CERTIFIED Mall RETURN RECEIPT REQUESTED
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. N. Everson DISTRIBUT ON:
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