ML20217G827
| ML20217G827 | |
| Person / Time | |
|---|---|
| Site: | Nine Mile Point  |
| Issue date: | 04/28/1998 |
| From: | Lieberman J NRC OFFICE OF ENFORCEMENT (OE) |
| To: | AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML20217G802 | List: |
| References | |
| IA-98-001, IA-98-1, NUDOCS 9804290218 | |
| Download: ML20217G827 (9) | |
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. ENCLOSURE UNITED STATES NUCLEAR REGULATORY COMMISSION In the Matter of lA 98-001 MR. ALBERT M. NARDSLICO, JR.
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ORDER PROHIBITING INVOLVEMENT IN NRC-LICENSED ACTIVITIES (EFFECTIVE IMMEDIATELY) l Mr. Albert M. Nardslico (Mr. Nardslico) was formerly employed as a contractor employee at the Niagara Mohawk Power Corporation (NMPC) Nine Mile Point nuclear facility as a computer programmer. NMPC holds Facility License Nos. DPR-63 and NPF-69 issued by the Nuclear Regulatory Commission (NRC or Commission) pursuant to 10 CFR Part 50. These licenses authorize NMPC to operate the Nine Mile Point facilities, Units 1 and 2, in accordance with the conditions specified therein.
Il in May 1996, NMPC initiated an investigation into whether Mr. Nardslico and others were involved in the alteration of a computer code used to select individuals for random drug and alcohol testing. Based on the evidence developed during the NMPC investigation, as well as a subsequent review by the NRC Office of Investigations (01),01 concluded that Mr. Nardslico and i another contractor computer programmer intentionally altered the fitness-for-duty (FFD) computer program to ensure that certain individuals (including themselves) would be excluded from random FFD screening. Specifically, a patch had been inserted into the computer program to ensure certain individuals would not be selected. Moreover, the two individuals planned and executed a scheme (and a number of precautions) to elude detection and prevent tracing.
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. These actions caused NMPC to violate 10 CFR 26.24, which requires that individuals be tested for drugs and alcoholin a statistically random and unpredictable manner. As a result of this l violation, Mr. Nardslico, the other contractor employee involved in planning the scheme, and others, were prevented from being selected for random FFD testing. In addition, during the time in which his name was excluded from random selection, Mr. Nardslico had access to the site protected area, which was also at a time when Mr. Nardslico may have been using marijuana I offsite. (Mr. Nardstico admitted, during the predecisional enforcement conference in the NRC Region I office on February 13,1998, and during a June 21,1996 interview with NMPC l
l investigators, that he had used marijuana while employed at Nine Mile Point. While he did not recall the periods of such use, he was unable to confirm that he did not use marijuana while his name had been excluded from the FFD testing pool.)
l During his interviews with NMPC, as well as during the predecisional enforcement conference with the NRC, Mr. Nardstico denied that he was involved in the alteration of the computer program. Notwithstanding Mr. Nardstico's denials, another contractor computer programmer, who had admitted his involvement in the alteration, implicated Mr. Nardslico as also being l .
involved in the alteration. Specifically, in transcribed interviews under oath, the other contract computer programmer indicated: (1) that the corruption of the FFD computer code was a joint l effort of him and Mr. Nardslico; (2) that he and Mr. Nardslico in the July / August 1993 timeframe
" fleshed out" a way to make changes to the fitness for duty program through the use of the "C" program; (3) that Mr. Nardisico had suggested adding additional persons' names to the scheme to " disperse" suspicion; and (4) that he had observed Mr. Nardslico use marijuana on at least one occasion subsequent to the September 1993 code corruption. In addition, Mr. Nardslico admitted that he was aware of the computer code alteration, was also aware that his name was one of those eliminated from the FFD testing pool as part of the alteration, and was further
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, aware that he was subject to FFD random testing because of his having access to the Nine Mile l
Point site. Nonetheless, Mr. Nardslico did not take appropriate action to remedy the situation or ensure that his management was maca mara that the computer code had been altered, as he i
admitted during the predecisional enforcement conference.
Finally, some of Mr Nardstico's statements on this matter lack credibility. For example, in his first interview with NMPC on May 20,1996, he denied any involvement in, or knowledge of, the alteration of the FFD computer code; however, in a subsequent interview with NMPC on June 21,1996, as well as during the predecisional enforcement conference with the NRC on February 13,1998, Mr. Nardslico admitted his knowledge of the alteration of the computer code.
Also, although Mr. Nardstico indicated that he did inform a licensee Purchasing Supervisor of the alteration shortly after he stated he became aware of it, that individual denied Mr. Nardstico's assertion, and Mr. Nardstico admitted that he did not raise this issue with anyone elu in the NMPC organization. In addition, although Mr. Nardslico indicated that he was not familiar with the "C" programming language, which was the language used for the FFD computer code, his resume listed the "C" language as one of the languages with which he was familiar, and others testified that Mr. Nardslico was familiar with this language. Further, Mr. Nardslico, during his interviews with NMPC, expressed a willingness to enter into business relationships with the other individual who was involved with the alteration of the computer code, while at the same time indicating that he was disturbed by the other individual's actions and lack of judgment.
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Based on the above, the NRC has concluded that Mr. Nardslico engaged in deliberate misconduct. Mr. Nardslico's actions constitute a violation of 10 CFR 50.5(a)(1), which prohibits an individual from engaging 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 license, issued by the Commission. In this case, Mr. Nardslico caused the Licensee to be in violation of 10 CFR 26.24. Specifically, 10 CFR Part 26.24, requires, in part, that as a means to deter and detect substance l abuse, the licensee shall implement a testing program that includes unannounced drug
- and alcohol testing that is to be imposed in a statistically random and unpredictable manner so that all persons in the population subject to the testing shall have an equal probability of being selected and tested.
l~ Contrary to the above, at some time prior to May 1996, the actions of Mr. Nardslico and another contractor computer programmer resulted in the licensee maintaining an altered FFD computer program used to ensure that individuals were tested for drugs and alcohol in a statistically random and unpredictable manner, resulting in certain individuals '
(including Mr. Nardslico) being excluded from random FFD screening. As a result, for a indeterminate period prior to May 1996, individuals were selected for testing in a manner i i that was not statictically random and unpredictable. l l
The NRC must be able to rely on the Licensee, its contractors, and the Licensee and contractor
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.. 5 employees to comply with NRC requirements. Mr. Nardstico's involvement in the altering of the FFD program, including his collusion with another contractor employee to hide that alteration, l
constitute a deliberate violation of Commission regulations, and by doing so, raises serious doubt as to whether he can be relied upon to comply with NRC requirements, and raises doubt about his trustworthiness and reliability.
l- Consequently, I lack the requisite reasonable assurance that licensed activities can be f- conducted in compliance with the Commission's requirements and that the health and safety of l the public would be protected if Mr. Nardslico were permitted at this time to be involved in NRC-licensed activities. Therefore, the public health, safety and interest require that Mr. Nardslico be prohibited from any involvement in NRC-licensed activities for a period of five years from the date of this Order. Additionally, for a period of three years after the five year period of prohibition has expired, Mr. Nardslico is required to notify the NRC of his acceptance of each employment offer involving NRC-licensed activities. Furthermore, pursuant to 10 CFR 2.202, I find that the l significance of Mr. Nardslico's conduct described above is such that the public health, safety and interest require that this Order be immediately effective.
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Accordingly, pursuant to Sections 103,161b,1611, and 186 of the Atomic Energy Act of 1954, as L
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 IMMEDIATELY, THAT:
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A. Albert M. Nardslico Jr. is prohibited from engaging in activities licensed by the NRC for I
five years from the date 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.
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- 2. For a period of three years after the five year period of prohibition has expired, Mr. Nardslico shall, within 20 days of his acceptance of each employment offer involving NRC-licensed activities or his becoming involved in NRC-licensed activities, as defined in l 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
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i telephone number of the employer or the entity where he is, or will be, involved in the i
NRC-licensed activities. In the first notification, Mr. Nardslico shall include a statement of his commitment to compliance with regulatory requirements and the basis why the l
Commission should have confidence that he will comply with applicable NRC requirements.
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, The Director, OE, may, in writing, relax or rescind any of the above conditions upon !
demonstration by Mr. Nardslico of good cause.
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In accordance with 10 CFR 2.202, Mr. Nardstico must, and any other person adversely affected by this Order may, submit an answer to this Order, and may request a hearing on this Order, l
, within 20 days of the date of this Order. Where good cause is shown, consideration will be l l
1 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. Nardstico or other <
l person adversely affected relies and the reasons as to why the Order should not have been l
- 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, DC 20555. Copies also shall be sent to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555, to the Assistant General Counsel for Hearings and Enforcement at the same address, to the Regional Administrator, NRC Region 1, U.S.
Nuclear Regulatory,475 Allendale Road, King of Prussia, Pennsylvania 19406, and to Mr. Nardslico if the answer or hearing request is by a person other than Mr. Nardstico if a person other than Mr. Nardslico requests a hearing, that person shall set forth with particularity the manner in which that person's interest is adversely affected by this Order and shall address the criteria set forth in 10 CFR 2.714(d).
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If a hearing is requested by Mr. Nardslico or a person whose interest is adversely affected, the Commission willissue an Order designating the time and place of any hearing. If a hearing is
. 8 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)(i), Mr. Nardstico may, in addition to demanding a hearing, at the I 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. l In the absence of any request for hearing, or written approval of an extension of time in which to l
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 1
extension expires if a hearing request has not been received. AN ANSWER OR A REQUEST j FOR HEARING SHALL NOT STAY THE IMMEDIATE EFFECTIVENESS OF THIS ORDER.
I FOR THE NUCLEAR REGULATORY COMMISSION l
. W '
ames Lieberman, Director !
! ice of Enforcement Dated at Rockville, Maryland this;&%ay of April 1998 i
Albert M. Nardslico DISTRIBUTION:
PUBLIC SECY CA LCallan, EDO AThadani, DEDE JLieberman, OE HMiller, RI FDavis, OGC SCollins, NRR RZimmerman, NRR -
Enforcement Coordinators RI, Rll, Rlli, RIV BBeecher, GPA/PA GCaputo, Ol DBangart, OSP HBell, OlG TMartin, AEOD OE:Chron OE:EA DCS NUDOCS DScrenci, PAO-RI NSheehan, PAO-RI Nuclear Safety information Center (NSIC)
NRC Resident inspector - Nine Mile To receive a copy of this document, Indicate in the box: "C" = Copy without attachment / enclosure "E" = Copy with attachment / enclosure "N" = No copy
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