ML20236L510

Forwards NOV from Investigation Conducted 970916-980210. Investigation Initiated After Former Employer,Entergy Operations,Inc Determined Health Physic Technician Falsified Radiation Survey on 970802

ML20236L510
Person / Time
Site:	Arkansas Nuclear
Issue date:	04/13/1998
From:	Merschoff E NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV)
To:	Talley M AFFILIATION NOT ASSIGNED
Shared Package
ML20236L513	List: ML20236L510 ML20236L522
References
IA-98-018, IA-98-18, NUDOCS 9807130041
Download: ML20236L510 (4)

Text

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,3 NUCLEAR REGULATORY COMMISSION REGION IV 8

611 RYAN PLAZA DRIVE. SulT E 400 k*****8 AR LING TON, T E X AS 16011 8064 April 13, 1998 IA 98-018 Mr. Michael J. Talley.

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[HOME ADDRESS DELETED UNDER 10 CFR 2.790)

SUBJECT:

NOTICE OF VIOLATION (NRC INVESTIGATION 4-97-050) l

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Dear Mr. Talley:

l This is in reference to an investigation conducted by the NRC's Office of Investigations (OI) from September 16,.1997, through February 10,1998. The investigation was initiated after your f%ner employer, Entergy Operations, Inc., informed the NRC that it had determined you, a l'

senior Health Physics (HP) technician at the time, had falsified radiation and contamination surveys performed on August 2,1997, This involved the annual surveys of the administration

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building and main guardhouse. This was discovered after a second HP technician performed j

the same survey on the same day, unaware that you had submitted survey results. As a result l

of its investigation, you were terminated from employment on September 5,1997.

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On January 8,1998. Of conducted a transcribed interview with you in order to determine your involvement and your perspective on the circumstances. In summary, you stated that iou performed radiation and contamination smears in the buildings, and you waited untiline end of the day to record the results on the survey record. Your survey map thve; d mvey results in rooms and areas you could not have entered, and when confronted by Entergy officials, you stated that you had " mistakenly" entered survey data on the map for areas you had not surveyed, You maintained that it was an error and not an intentional act; that you simply did not know what was going through your mind at the time you documented the. survey maps, leaving l

no area blank. You acknowledged that in prior surveys you had noted locked or inaccessible areas on the survey maps and did not enter survey data for those areas. You also stated that it was probably a conscious decision on your part not to obtain the necessary upgraded clearance for entry into certain required areas.

Based on a review of all available information, including the information you provided during your 01 interview, the NRC has concluded that you deliberately falsified certain radiation and contamination survey documentation. Although you stated that this act was a mistake and not j

intentional, we do not find your assertions credible. To the contrary, we note the following:

(1) your documented survey results indicated that all rooms were surveyed despite the fact you knew you did not survey several rooms and, in fact, you stated you made no attempt to even open doors that were closed; (2) you indicated that you probably made a conscious decision not h, (,,)

' to obtain an upgraded clearance for certain required areas, which indicates that you elected not y to survey those areas, yet you documented survey results in those areas; and (3) in previous i

surveys, your survey maps indicated inaccessible areas and you did not record survey results within those areas.

9807130041 990413 PDR ADOCK 05000313 P

PDR

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f Mr. Michael J. Talley 1-i But for detection, your actions would have caused the licensee to be in violation of NRC l

requirements. This falsified information is material because the NRC requires that licensees j

maintain survey records in accordance with 10 CFR 20.2103 in order to demonstrate that radiological hazards are appropriately evaluated.

This intentional falsification of information required by the NRC constitutes a violation of the NRC's rule prohibning deliberate misconduct,10 CFR 50.5 (copy enclosed). In this case,-

although the safety significance of the violation is affected by the low likelihood that l.

contamination would be found in office spaces, the NRC must be able to rely on information l

provided to licensees, and the integrity of employees involved in licensed activities. This i

violation is described in the enclosed Notice of Violation, and has been categorized at Severity Level IV in accordance with the General Statement of Policy and Procedure for NRC l-Enforcement Actions, NUREG-1600.

l While the NRC has decided to issue the enclosed Notice of Violation in this case, you should be aware that the NRC's regulations allow the issuance of orders to an individual to prevent his or 1

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her engaging in licensed activities at all NRC licensed facilities. A violation of this regulation as L

set forth in 10 CFR 50.5, may also lead to criminal prosecution. Similar violations on your part in the future will result in consideration of additional sanctions.

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Based on the action taken by your employer (termination) and the NRC's efforts in conducting an investigation into this matter, demonstrate the seriousness of deliberate misconduct and that such actions will not be tolerated. Therefore, the NRC has concluded that no response to this letter is required. However, if you choose to provide a written response, you'must do so within 30' days of the date of this letter.

In accordance with Section 2.790 of the NRC's " Rules of Practice," Part 2. Title 10, Code of Federal Regulations, records or documents compiled for enforcement purposes are placed in the NRC Public Document Room (PDR). A copy of this letter with your address removed, and your response (if you choose to provide one) will be placed in the PDR and a copy sent to your former employer after 45 days unless you provide sufficient basis to withdraw this letter, if you have any questions or comments, please contact Michael Vasquez, Regional Enforcement Specialist, at (817) 860-8222 or (800) 952-9677.

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Sincerely, lW h Ellis W. Merschoff Regional Administrator

Enclosures:

(See next page) i f.'

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Mr. Michael J. Talley

Enclosures:

1. Notice of Violation

2. Deliberate Misconduct Rule cc w/ enclosures "after a 45 day delay"'

C. Randy Hutchinson, Vice President Operations Arkansas Nuclear One Entergy Operations, Inc.

1448 S.R. 333 Russellville, Arkansas 72801-0967 l

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i Mr. Michael J. Talley bec w/

Enclosures:

• PDR

'lE 14

• LPDR

?NUDOCS

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• SECY

• EC's: RI, Ril, Rlll

• CA

• PA (0-2G4)

• denote 45 day hold prior to distribution EDO (0-17G21)

OlG (T-5D28)

DEDO (0-17G21)

LIEBERMAN, OE (0-7H5)

OE:EAFile (0-7H5) 01 (0-3E4)

CHANDLER, OGC (0-15818)

GOLDBERG, OGC (0-15B18)

NRR (0-12G18)

BOGER, NRR/ADP (0-12G18)

NRR PROJECT MANAGER OC/DAF (T-9E10)

OC/LFDCB (T-9E10)

AEOD (T-4D18)

RA Reading File GSanborn-EAFile RWise RIV Files MIS Coordinator LWilliamson, Of ECollins, DRP E-Mall DISTRIBUTION:

OEMAIL JDyer (JED2)

TPGwynn (TPG)

EMerschoff (EWM)

GSanborn (GFS)

WBrown (WLB)

BHenderson (BWH)

CHackney (CAH)

DKunihiro (DMK1)

GMVasquez (GMV)

Art Howell(ATH)

Chamberlain (DDC)

KPerkins (KEP)

ECollins (EEC)

SENIOR RESIDENT KBrockman (KEB)

BMurray (BXM) l DOCUMENT NA 4 EA\\ CASES \\ANO-FALS\\TALLEY LTR To receive copy of t, ~ndicate in box: "C" = Copy without enclosures "E" = Copy with enclosures "N" = No copy ES lIl C:PSB D:D$j3j,/]

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,RA f((Y JLIEBERMAN FF JDYER (Y(/P IEMERSCHOFF Od/()98 O$/0/98 0%fM98 03/ /98 03/ /98 OFFICIAL RECORD COPY 100(117 l-

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