ML20217A934

Discusses Investigation Rept 3-97-001 to Determine If Pertinent Info Re Prior Use of Marijuana Was Ommitted from Application for Unescorted Access Authorization to Plant Unit 2 & Forwards NOV

ML20217A934
Person / Time
Site:	Fermi
Issue date:	12/08/1997
From:	Beach A NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To:	Redlin M AFFILIATION NOT ASSIGNED
Shared Package
ML20217A939	List: ML20217A934 ML20217A961
References
IA-97-088, IA-97-88, NUDOCS 9803250303
Download: ML20217A934 (3)

Text

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_e jf"'% UNITE 3 STATES p . NUCLEAR RE2ULATORY COMMISSION REGloN lil 5

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PUEllC DOCUMENT ROOM l lA 97-088 Mr. Michael Redlin

! [HOME ADDRESS DELETED-l 10 CFR 2.790(a)]

SUBJECT:

NOTICE OF VIOLATION (NRC INVESTIGATION REPORT 3-97-001)

Dear Mr. Redlin:

L

. This refers to an investigation conducted by the U. S. Nuclear Regulatory Commission's (NRC) l Office of Investigations (01) to determine if you ornitted pertinent information about your prior.

l- use of marijuana from your application for unescorted access authorization to the Detroit Edison

l. Company's (DECO) Fermi 2 nuclear plant.

l The Ol investigation (Enclosure 1 - Report Synopsis) concluded that you deliberately omitted information about your use of marijuana on a DECO " Letter of Certification," dated September 3, 1996. During your transcribed interview with O1, you stated that you had used marijuana on two l

other occasions between 1986 and 1988. You further stated to Ol that between 1984 and 1996 you worked at other nuclear plants, and you did not disclose to those nuclear facilities that you l previously used marijuana. 10 CFR 50.5, " Deliberate Misconduct," (Enclosure 2) prohibits any employee of a contractor to an NRC licensee from deliberately providing inaccurate or

incomplete information to a licensee if the information is of a material nature to the NRC.

Information about prior drug use is evaluated by an NRC licensee to determine if authorization should be granted for unescosted access to a nuclear power plant, and the access authorization program is required by 10 CFR 73.56," Personnel Access Authorization Requirements for Nuclear Power Pisnts." The omitted information is material to the NRC because it is reviewed by the NRC to evaluate a licensee's implementation of the personnel access authorization program.

The intentional omission of material information is a violation of 10 CFR 50.5. In canying out its l' responsibilities, the NRC must rely on information provided to a licensee by an employee of a contractor to the licensee. The NRC must also rely on the personal integrity of employees working at a nuclear power facility. The violation is described in the enclosed Notice of Violatinn (Notice), and has been categorized at Severity Level lli in accordance with the General Statement of Policy and Procedure for NRC Enforcement Actions, NUREG-1600 i l

(Enclosure 3). /  ;

The NRC has decided to issue the enclosed Notice of Violation (Notice) in this case, based in j part on the actions already taken by DECO. You should be aware that a similar violation on ^/. l your part in the future will result in consideration of additional sanctions. A future violation of l 1

CERTIFIED MAIL RETURN RECEIPT REQUESTER y 5 l

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9903250303 971208 *

, PDR ADOCK 05000341 i G PDR '

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( M. 'Redlin 2 l

i 10 CFR 50.5 may result in a civil penalty' or an order prohibiting involvement in NRC-licensed activities. The violation may also be referred to the U. S. Department of Justice for possible criminal prosecution.

You are required to respond to the enclosed Notice within 30 days of the date of this letter, and i should follow the instructions contained in the Notice. In addition, the NRC requests that you include in your response a statement of how the NRC can be confident (1) of your future -

trustworthiness while engaged in licensed nuclear activities, and (2) that you will abide by regulations and procedures pertinent to your work.

i L in accordance with 10 CFR 2.790 of the NRC's Rules of Practice, documents compiled for l enforcement purposes are placed in the NRC's Public Document Room (PDR).' However, we L will delay placing a copy of this letter (with your home address deleted) and Notice'of Violation l in the PDR for 45 days, to allow you an opportunity to challenge the NRC's basis for _ issuing the ,

L enclosed Notice. If you do not provide an adequate basis for the NRC to withdraw its action,  !

the NRC will consider this matter closed and will place copies of this letter and your response in l the PDR.

If you have any questions about this Notice, or questions about how to respond, please contact i Mr. Brent Clayton, Region ill Enforcement Officer. Mr. Clayton can be contacted at toll free telephone number (800) 522-3025.

u Sincerely, h

j d.k us U A. Bill Beach 4 Regional Administrator Docket No. 50-341 License No. NPF-43

]

Enclosures:

1. 01 Synopsis

2. 10 CFR 50.5, " Deliberate Misconduct Rule"

- 3. NUREG 1600, " General Statement of Policy and Procedures for NRC Enforcement Actions"

4. Notice of Violation cc w/OI report synopsis:

D. R. Gib..on, DECO Senior Vice President for Nuclew Generation 3

A civil penalty is not normally {sposed on unlicensed individuals. See Footnote 10 of the NRC Enforcement Policy.

l J

1 o

0 M. Redlin DISTRIBUTION: (NOTE: THIS PACKAGE CONCERNS AN ENFORCEMENT ACTION INVOLVING AN INDIVIDUAL AND IS NOT FOR PUBLIC RELEASE UNTIL 45 DAYS FROM THE DATE OF THIS LETTER.)

PUBLIC IE-01 SECY CA LCallan, EDO 1 AThadani, DEDE  !

LChandler, OGC l JGoldberg, OGC i SCollins, NRR RZimmerman, NRR JHannon, NRR

- AKugler, NRR ,

' Enforcement Coordinators l RI, Ril and RIV i Resident inspector, Fermi 2 l JGilliland, OPA HBell, OlG

)

GCaputo Of RPaul, OI: Rill (Ol No. 3-97-001)  !

TMartin, AEOD  ;

OE:ES I OE:EA (2) ]

RAO: Rill i SLO:Rll!

PAO:Rlli Rill Allegation Coordinator (AMS No. Rlli-1996-A-0159) ,

OCFO/LFARB w/o encis.

DRP Docket File l

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