ML20210M980

Notice of Violation from Investigation on 960708-1031. Violation Noted:On 960530,T Ferrill Engaged in Deliberate Misconduct Which Caused Licensee to Be in Violation of 10CFR50.9 by Deliberately Falsifying PM Task Data Sheet

ML20210M980
Person / Time
Site:	Clinton
Issue date:	03/31/1997
From:	NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To:
Shared Package
ML20210M950	List: ML20210M945 ML20210M974 ML20210M980 ML20210M999 ML20210N016
References
IA-97-019, IA-97-19, NUDOCS 9708220314
Download: ML20210M980 (3)

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,. r NOTICE OF VIOLATION Mr. Thomas S. Fertill lA 97 019 During an NRC 01 investigation conducted between July 8 and October 31,1996, a violation of NRC requirements was identified, in accordance with the " General Statement i of Policy and Procedure for NRC Enforcement Actions," (Enforcement Policy)

NUREG 1600, the violation is set forth below:

10 CFR 50.5 provides, in part, that any employee of a licensee who engages in deliberate misconduct that causes or, but for detection, would have caused a licensee to be in violation of any rule, regulation, or order, or any term, condition, or limitation of any I license issued by the Commission may be subject to enforcement action in accordance with 10 CFR Part 2, Subpart B.

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10 CFR 50.9 requires, in part, that information required by the Commission's regulations be complete and accurate in all material respects.

Technical Specification 5.4.1 states that written procedures shall be established, implemented, and maintained covering the applicable procedures recommended in -

Segulatory Guide 1.33, Revision 2, Appendix A, February 1978.

Regulatory Guide 1.33, Appendix A. Section 9, states that maintenance that can affect t the performance of safety related equipment should be properly pre planned and performed in accordance with written procedures, documented instructions, or drawings appropriate to the circumstance.

Contrary to the above, on May 30,1996, Mr. Thomas S. Ferrill, then a technician in the Control and instrumentation Department of the Clinton Nuclear Power Plant, engaged in deliberate misconduct which caused the licensee to be in violation of 10 CFR 50.9 by deliberately falsifyin0 the preventive maintenance task data sheet for activity PCISXM506, Shutdown Service Water Strainer 18 Backflush Period Reset Timer. The setting for timer  ;

contacts 11 and 12 had been left outside the allowed tolerance band of 2 minutes and 18 seconds (+ 10/-0 seconds) the previous day. When questioned about the discrepancy, Mr.

Ferrill changed the data sheet to a value within the tolerance band without perforrhing the required calibration. The inaccurate data was material to the NRC in that the , licensee used or could have ur,ed the information to demonstrate that the associated safety-related work had been accomplished in accordance with the requirements.

11 This is a Severity t.evel IV violation (Supplement 1).

No response is required.

Dated at Lisle. Illinois this 31st day of March 1997 a 10 9708220314 970818 PDR ADOCK 05000461 0 PDR ,

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SYNOPSIS This investigation was initiated on July 8.-1996, by the U.S. Nuclear Regulatory Commission (NRC), Office of Investigations (01) Region III (RIII),

to determine if a technician in the Control and Instrumentation (C&I) department of Clinton Nuclear Power Plant (CNPP) falsified data related to preventive maintenance on the shutdown service water system.

Based upon a review of the evidence found in the licensee's investigative report, it was determined that a technician in the C&I groua deliberately falsified a Post Maintenance Package for a timer in the CNPR Shutdown System.

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i Case No. 3 96 037 1

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Section 50.9 Completeness and accuracy of information. '

(a) Information provided to the Commission by an applicant for a license or by a licensee or information required by statute or by the Commission's regulations, crders. or license conditions to be maintained by the applicant or the licensee shall be complete and accurate in all material respects.

(b) Each applicant or_ licensee shall notify the Commission of I information identified by the applicant or licensee as having for the l

regulated activity a significant implication for public health and safety or

' common defense and security. An applicant or licensee violates this paragraph only if the a)plicant or licensee fails to notify the Commission of information tlat the applicant or licensee has identified as having a significant implication for public health and safety or common defense and 1 security. Notification shall be provided to the Administrator of the appropriate Regional Office within two working days of identifying the information. This requirement is not applicable to information which is already required to be provided to the Commission by other reporting or updating requirements.

I [52 FR 49372. Dec. 31. 1987]

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