ML20217G797

Forwards Order Prohibiting Involvement in NRC-license Activities Being Issued Based on Finding by OI That Recipient Intentionally Altered Licensee Fitness for Duty Computer Code.Ltr to Licensee Also Encl

ML20217G797
Person / Time
Site:	Nine Mile Point
Issue date:	04/28/1998
From:	Lieberman J NRC OFFICE OF ENFORCEMENT (OE)
To:	Nardslico A AFFILIATION NOT ASSIGNED
Shared Package
ML20217G802	List: ML20217G797 ML20217G827 ML20217G945
References
IA-98-001, IA-98-1, NUDOCS 9804290211
Download: ML20217G797 (2)

Text

kyttulk g UNITED STATES g

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NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20066 0001

\*****/ April 28, 1998

~ IA 98-001-Mr. Albert M. Nardslico

_'i HOME ADDRESS DELETED

. UNDER 2.790

SUBJECT:

ORDER PROHIBITING INVOLVEMENT IN NRC-LICENSED ACTIVITIES (EFFECTIVE IMMEDIATELY)

' (NRC Office of Investigations Report NO. 1-96-015)

The enclosed Order Prohibiting involvement in NRC-Licensed Activities is being issued to you

, based on the finding by the NRC Office of Investigations (01) that you intentionally altered the Niagara Mohawk Power Company (NMPC) Fitness for Duty (FFD) computer code to ensure that certain' individuals, including yourself, would be excluded from random FFD screening. As such, a you violated 10 CFR 50.5(a)(1) which provides, in part, that any employee of a licensee may not engage in deliberate misconduct that causes a licensee to be in violation of any rule,' regulation, order, or any term, condition, or limitation of any license issued by the Commission. Specifically, you de.liberately_ caused NMPC to violate 10 CFR Part 26 by your involvement in altering the selection code intended to assure that individuals are selected for FFD testing in a statistically random and unpredictable manner. The synopsis of the Ol investigation was forwarded to you on January 8,1998. A predecisional enforcement conference was held with you on February 13,1998, to discuss this apparent violation, its causes, and your corrective action.

The Order prohibits your involvement in NRC-licensed activities for a period of five years.

Pursuant to Section 223 of the Atomic Energy Act of 1954, as amended,42 U.S.C. 2273, any person who willfully violates, attempts to violate, or conspires to violate any provision of this Order shall be subject to criminal prosecution as set forth in that section. Violation of this Order may also subject the person to civil monetary penalty.

Questions concoming this Order may be addressed to James Lieberman, Director, Office of Enforcement. ' Mr. Lieberman can be reached at telephone number (301) 415-2741. Also enclosed is a letter issued on this date to Niagara Mohawk Corporation regarding this matter.

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980429O211 980428 PDR ADOCK 05000220 P PDR

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. Albert M. Nardslico 2 in accordance with 10 CFR 2.790 of the NRC's Rules of Practice", a copy of this letter and the enclosures with your home address removed will be placed in the NRC's Public Document Room.

Sincerely, 1

g g-James Lieberman, Director Office of Enforcement

Enclosures:

1. Order Prohibiting involvement in NRC-Licensed Activities (Effective immediately)

2. Letter to Niagara Mohawk Power Corporation cc w/encis:

B. Ralph Sylvia, Executive Vice President State of New York l

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