ML20217H054

Forwards Order Prohibiting Involvement in NRC-licensed Activities,Being Issued Based on Finding by OI of Intentional Alteration of Facility FFD Computer Code to Ensure That Certain Individuals Be Excluded from Screening

ML20217H054
Person / Time
Site:	Nine Mile Point
Issue date:	04/28/1998
From:	Lieberman J NRC OFFICE OF ENFORCEMENT (OE)
To:	Johnson T AFFILIATION NOT ASSIGNED
Shared Package
ML20217H059	List: ML20217H054 ML20217H076
References
IA-98-002, IA-98-2, NUDOCS 9804290263
Download: ML20217H054 (2)

Text

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g ,j UNITED STATES NUCLEAR REGULATORY COMMISSION PnR o WASHINGTON, D.C. 2056tKm01

• • • April 28, 1998 lA 98-002 Mr. Thomas C. Johnson HOME ADDRESS DELETED UNDER 2.790

SUBJECT:

ORDER PROHIBITING INVOLVEMENT IN NRC-LICENSED ACTIVITIES (EFFECTIVE IMMEDIATELY) (OI 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, 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 the license. Specifically, you deliberately 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 01 investigation was forwarded to you on January 8,1998. You were offered the opportunity to discuss these findings at a predecisional enforcement I I

conference, but you declined such a conference.

The Order prohibits your involvement in NRC-licensed activities for a period of five years from the date of this Order. 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 j 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 p snalty.

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

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(' Mr. Thomas C. Johnson 2 ,

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

Sincerely,

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[G mes Lieberman, Director

, ice of Enforcement

Enclosures:

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

2. Letter to NMPC 1

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