ML20210K735
| ML20210K735 | |
| Person / Time | |
|---|---|
| Site: | McGuire, Mcguire  |
| Issue date: | 08/18/1997 |
| From: | Thadani A NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES) |
| To: | AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML20210K725 | List: |
| References | |
| IA-97-033, IA-97-33, NUDOCS 9708200070 | |
| Download: ML20210K735 (10) | |
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UNITED STATES NUCLEAR REGULATORY COMMISSION In the Matter of
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IA 97 033 Robert J. Nelson
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ORDER PROHIBITING INVOLVEMENT IN NRC LICENSED ACTIVITIES (EFFECTIVE IMMEDIATELY)
I Robert J. Nelson was employed by Duke Power Company (DPC) (Licensee) as an electrical systems support valve maintenance technician at the McGuire Nuclear Station. DPC holds License Nos. NPF 9 and NPF 17 (Licenses) for McGuire Nuclear Station, Units 1 and 2, issued by the Nuclear Regulatory Commission (NRC or Commission) pursuant to 10 CFR Part 50 on July 8,1981 and Hay 27, 1983, respectively. The Licenses authorize DPC to operate the McGuire facility in accordance with the conditions specified therein. The facility is 1
located on the Licensee's site in Huntersville, North Carolina.
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II During the McGuire Unit I refueling outage in January 1996, maintenance was 4
being performed to replace valve INV233, a safety related check valve in the mini flow path for the IB charging pump. On January 3, 1996, Mr. Robert J.
- Nelson initialed Step 11.4.5 of Procedure HP/0/A/7600/04, Kerotest "Y" Type Check Valve Corrective Maintenance, which stated: " Install EW body to cover gasket in body." On the evening of January 3,1996, valve 1NV233 was disassembled and DPC ter.hnicians identified that the gasket was not new, as it 1
had been previously torqued. McGuire Technical Specification (TS) 6.8.1.c requires that written procedures be established, implemented and maintained 4
9708200070 970818 DR ADOCK 050 9
2 covering the activities recommended in Regulatory Guide 1.33 Revision 2.
February 1978.
Regulatory Guide 1.33 states, in part, that maintenance which can affect performance of safety related equipment should be performed in accordance with written procedures. The failure to perform Step 11.4.5 of Procedure HP/0/A/7600/04 as prescribed is a violation of TS 6,8.1.c.
Following an investigation, DPC terminated Mr. Nelson's employnent on January 18, 1996, based on a finding that he had falsified Procedure HP/0/A/7600/04.
Between March 22, 1996, and March 31, 1997, the NRC Office of Investigations conducted an investigation and concluded that Mr. Nelson had purposely decided to use the old gasket and intentionally signed the procedure step falsely indicating that the gasket had been replaced with a new gasket. The Commission's regulation,10 CFR 50.9(a) provides, in part, that information required by the Commission's regulations, orders, or license conditions to be maintained by the licensee shall be complete and accurate in all material respects. The failure of DPC to maintain complete and accurate required records of maintenance activities performed on safety related equipment is a violation of 10 CFR 50.9. Furthermore, during the investigation, Mr. Melson was not forthright in providing information regarding the failure to follow procedures and intentional falsification of the record as evidenced by statements made by Mr. Nelson to the 01 investigator.
On May 27, 1997, the NRC sent a certified letter to Mr. Nelson advising him that his actions appeared to have violated 10 CFR 50.5, " Deliberate Misconduct," and offering him the opportunity to attend a predecisional
3-enforcement conference. The letter was returned to the NRC by the U. S.
Postal Service with a note that the letter was unclaimed.
The NRC also unsuccessfully attempted to contact Mr. Nelson by telephone on July 16 and 21, 1937.
III Based on the above, it appears that Mr. Nelson engaged in deliberate misconduct when he intentio mily signed a procedure step claiming that a gasket in a safety related valve had been replaced with a new gasket when it had not been replaced. Mr. Nelson's deliberate misconduct caused the Licensee to be in violation of McGuire TS 6.8.1.c and 10 CFR 50.9(a), and is, therefore, a violation of 10 CFR 50.5(a)(1) and 10 CFR 50.5(a)(2). The NRC must be able to rely on licensees and their employees to fully comply with NRC requirements including plant procedural requirements which ensure the operability of safety related equipment and requirements to maintain records that are complete and accurate in all material respects.
Mr. Nelson's deliberate misconduct, in causing the Licensee to violate TS 6.8.1.c and 10 CFR 50.9(a), raises serious doubt es to whether he can be relied upon to comply with NRC requirements and to provide complete and accurate information to the NRC.
Consequently, I lack the requisite reasonable assurance that licensed activities can be conducted in compliance with Commission requirements and that public health and safety will be protected if Mr. Nelson were permitted at this time to be involved in NRC licensed activities. Therefore, public
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health, safety and interest require that Mr. Nelson be prohibited from any involvement in NRC licensed activities for a period of one year from the date of this Order and, if he is currently involved with another licensee in NRC-licensed activities, he must immediately cease such activities, and inform the i
NRC of the name, address and telephone number of the employer, and provide a copy of this Order to the employer, Additionally, Mr. Nelson is required to notify the NRC of his first employment in NRC licensed activities for one year l
following the prohibition period.
Furthermore, pursuant to 10 CFR 2.202, I find that the significance of Mr. Nelson's conduct described above is such that the public health, safety and interest require that this Order be immediately effective.
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1 IV Accordingly, pursuant to Sections 103,161b,1611,1610,182 and 186 of the Atomic Energy Act of 1954, as amended, and the Commission's regulations in 10 CFR 2.202, 10 CFR 50.5 and 10 CFR 150,20 IT IS HEREBY ORDERED, EFFECTIVE 3-IMMEDIATELY, THAT:
A.
Mr. Robert J. Nelson is prohibited for one year from the date of this Order from engaging in or exercising control over individuals engaged in NRC licensed activities.
If Mr. Nelson is currently involved in NRC licensed activities, he must immediately cease such activities, inform the NRC of the name, address and telephone number of the employer, and provide a copy of this Order to the employer.
For 4
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purposes of this Order, NRC licensed activities are those activities that are conducted pursuant to a specific or general license issued by the NRC, including, but not limited to, those activities of Agreement State licensees conducted pursuant to the authority granted by 10 CFR 150.20.
B.
For a period of one year following the period of prohibition set forth in Paragraph IV.A. above, Mr. Robert J. Nelson shall, within 20 days of his acceptance of his first employment offer involving NRC licensed activities as defined in Paragraph IV.A above, provide notice to the Director, Office of Enforcement, U. S. Nuclear Regulatory Commission.
Washington, D.C. 20555, of the name, address, and telephone number of the employer or the entity where he is, or will be, involved in NRC licensed activities. The notice shall include a statement of his commitment to compliance with regulatory requirements and the basis for why the Commission should-have confidence that he will now comply with applicable NRC requirements.
The Director, Office of Enforcement, may relax or rescind, in writing, any of the above conditions upon demonstration by Mr. Nelson of good cause.
V In accordance with 10 CFR 2.202, Mr. Nelson must, and any other person (s) adversely affected by this Order may, submit an answer to this Order, ar.d may request a hearing on this Oroer, within 20 days of the date of this Order.
6-Where good cause is shown, consideration will be given to extending the time to request a hearing. A request for extension of time must be made in writing to the Director, Office of Enforcement. U.S. Nuclear Regulatory Commission Washington, D.C. 20555, and include a statement of good cause for the extension. The answer may consent to this Order. Unless the answer consents to this Order, the answer shall, in writing and under oath or affirmation, specifically admit or deny each allegation or charge made in this Order and shall set forth the matters of fact and law on which Mr. Nelson or other person (s) adversely affected relies and the reasons as to why the Order should not have been issued.
Any answer or request for a hearing shall be submitted to the Secretary, U.S. Nuclear Regulatory Commission, ATTN: Chief, Rulemakings and Adjudications Staff, Washington, D.C. 20555.
Copies also shall be sent to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555, to the Assistant General Counsel for Hearings and Enforcement at the same address, and to the Regional Administrator, NRC Region II, Atlanta Federal Center, 61 Forsyth Street, SW Suite 23T85, Atlanta, Georgia 30303 and to Mr. Nelson if the answer or hearing request is by a person other than Mr. Nelson.
If a person other than Mr. Nelson requests a hearing, that person shall set forth with particularity the manner in <!',1ch his interest is adversely affected by this Order and shall address the criteria set forth in 10 CFR 2.714(d).
If a hearing is requested by Mr. Nelson or a person whose interest is adversely affected, the Comission will issue an Order designating the time
7-and place of any hearing.
If a hearing is held, the issue to be considered at such hearing shall be whether this Order should be sustained.
Pursuant to 10 CFR 2.202(c)(2)(1), Mr. Nelson, may, in addition to demanding a hearing, at the time the answer is filed or sooner, move the presiding officer to set aside the immediate effectiveness of the Order on the ground that the Order, including the need for immediate effectiveness, is not based on adequate evidence but on mere suspicion, unfounded allegations, or error.
In the absence of any request for hearing, or written approval of an extension I
of time in which to request a hearing, the' provisions specified in Section IV above shall be final 20 days from the date of this Order without further order or proceedings.
If an extension of time for requesting a hearing has been approved, the provisions specified in Section IV shall be final when the extension expires if a hearing request has not been received. AN ANSWER OR A REQUEST FOR HEARING SHALL NOT STAY THE IMMEDIATE EFFECTIVENESS OF THIS ORDER.
i FOR THE NUCLEAR REGULATORY COMMISSION N
Asho C. Thadani Acti g Deputy Executive Director for Regulatory Effectiveness Dated at.Rockville, Maryland this/ W ay of August 1997 l
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SYNOPSIS This investigation was initiated by the U.S. Nuclear Re Office of Investigations Region II, on March 22,1996,gulatory Commission, to determine if an signed and falsified step 11.4.5 of a procedure (quality assura claiming that he replaced a valve gasket when he did not.
The evidence developed during this investigation substantiated that this the procedure step claiming that he had replaced the valve ga f
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Mr. Robert J. Nelson Distribution w/ enc 1 fHOME ADDRESS DELETEQJ:
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