ML20217A961

Notice of Violation from Insp Completed on 970421.Violation Noted:On 960903,M Redlin & Employee of Numanco,Contractor at Plant,Unit 2 Answered No to Question on Ltr of Certification About Past Drug Use

ML20217A961
Person / Time
Site:	Fermi
Issue date:	12/08/1997
From:	NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To:
Shared Package
ML20217A939	List: ML20217A934 ML20217A961
References
IA-97-088, IA-97-88, NUDOCS 9803250310
Download: ML20217A961 (2)

Text

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4 NOTICE OF VIOLATION Michael Redlin .

lA 97-088

[Home Address Deleted Pursuant to 10 CFR 2.790)

During an NRC investigation, completed on April 21,1997, a siolation of NRC requirements was -

identified. In accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions," NUREG-1600, the violation is listed below:

10 CFR 50.5(a)(2) prohibits any employee of a licensee or any employee of a contractor of any licensee from deliberately submitting to the licensee information that the person submitting the information knows to be incomplete or inaccurate in some respect material to the NRC.

10 CFR 73.56(b)(2)(i) requires NRC licensees to conduct a background investigation designed to identify past actions which are indicative of an individual's future reliability within a protected or vital area of a nuclear power reactor. As a minimum, the background investigation must, among other things, verify an individual's character and reputation.

To meet the requirements of 10 CFR 73.56(b)(2)(i), the licensee, Detroit Edison Company, implemented General Administrative Conduct Manual, MGA09," Access Control." Section 2.2.1 of Manual MGA09 requires all personnel to undergo in processing in accordance with Section 5.4.4 of that manual in order to obtain access to the protected area of the Fermi 2 plant.

Section 5.4.4 of that manual requires a " Letter of Certification" be completed by applicants for l unescorted access to the protected area. A portion of the " Letter of Certification" asked the applicant, "Have you ever, or are you currently using narcotics, hallucinogenics or other controlled substances, including marijuana?"

Contrary to the above, on September 3,1996, you, an employee of NUMANCO, a contractor at the Fermi 2 Plant, answered "no" to the question on the " Letter of Certification" about past drug use. You knew at the time you completed the " Letter of Certification" that you had tested ,

positive for marijuana at the Fermi 2 facility during May 1984, and had used marijuana on at i least two occasions between 1986 and 1988, and you deliberately did not disclose this information on the Fermi 2 " Letter of Certification" dated September 3,1996. This information is material to the NRC in that verification of an individual's character and reputation is an essential element of a licensee's access authorization program required by 10 CFR 73.56.

(01013) 'i This is a Severity Level lil violation (Supplement Vil). ,

1 Pursuant to the provisions of 10 CFR 2.201, you are hereby required to submit a written  !

statement of explanation to the U. S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, DC 20555, with a copy to the Regional Administrator, Region Ill, 801 Warrenville Road, Suite 255, Lisle, IL 60532-4351, and a copy to the NRC Residont inspector at the Fermi 2 nuclear plant, within 30 days of the date of the letter transmitting this Notice of Violation (Notice). Your reply should be clearly marked as a " Reply to a Notice of Violation" and should include: (1) the reason for the violation, or, if contested, the basis for disputing the violation; (2) the corrective steps that have been taken, and the results achieved; (3) the corrective steps that will be taken to avoid further violations; and (4) the date 9903250310 971208 '

PDR ADOCK 05000341 0 PM ,

Notice of Violation when full compliance will be achieved. Where good cause is shown, consideration will be given to extending the response time. '

Under the authority of Section 182 of the Act,42 U.S.C. 2232, this response shall be submitted under oath or affirmation.

Because your response will be placed in the NRC Public Document Room (PDR), to the extent I possible, it should not include any personal privacy, proprietary, or safeguards information so that it can be placed in the PDR without further redaction. If personal privacy or proprietary information is necessary to provide 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 must specifically identify the portions of your response that you seek to have withheld and provide in detail the bases of your claim of withholding (e.g., explain why the disclosure of the information will create an unwarranted invasion of personal privacy) or provide the information required by 10 CFR 2.790(b) to support a request for withhciding confidential commercial or financial information. If safeguards information is necessary to provide an acceptable response, you must provide the level of protection described in 10 CFR 73.21.

Dated at Lisle, Illinois this 8th day of December 1997 l

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