ML20236L522
| ML20236L522 | |
| Person / Time | |
|---|---|
| Site: | Arkansas Nuclear  |
| Issue date: | 04/13/1998 |
| From: | NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV) |
| To: | |
| Shared Package | |
| ML20236L513 | List: |
| References | |
| IA-98-018, IA-98-18, NUDOCS 9807130049 | |
| Download: ML20236L522 (3) | |
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ENCLOSURE _1 NOTICE OF VIOLATION Mr. Michael J. Talley lA 98-018 During an NRC investigation completed February 10,1998, a violation 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 states, in part, that any licensee or any employee of a licensee may not deliberately submit to the licensee information that the person submitting the information knows to be incomplete or inaccurate in some respect material to the NRC, Contrary to the above, on August 2,1997, Michael J. Talley intentionally submitted information to an NRC licensee that he knew was inaccurate, and such information was material to the NRC. Specifically, Mr. Talley deliberately documented radiation and contamination survey results for areas which he did not survey. This information is material because 10.CFR 20.2103 requires in part that survey records are required to be maintained showing the survey results and to demonstrate that radiological hazards have been evaluated. (01014)
This is a Severity Level IV violation (Supplement IV).
Based on the disciplinary action already taken, the NRC has determined that no response to this violation is required. However, if you choose to respond, clearly mark your response as a
" Reply to a Notice of Violation," and send it to the U.S. Nuclear Regulatory Commission, ATTN:
Document Control Desk, Washington, D.C. 20555 with a copy to the Regional Administrator, Region IV,611 Ryan Plaza Drive, Suite 400, Arlington, Texas 76011, within 30 days of the date of the letter transmitting this Notice of Violation (Notice).
If you contest this enforcement action, you should provide a copy of your response to the Director, Office of Enforcement, United States Nuclear Regulatory Commission, Washington, DC 20555-0001.
Because your response, if you choose to provide one, will be placed in the NRC Public l-Document Room (PDR), to the extent possible, it should not include any personal privacy, proprietary, or safeguards information so that it can be placed in the PDR without redaction. If j
personal privacy or proprietary information is necessary to provide an acceptable response, then i
l 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
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withholding of such material, youmult specifically identify the portions of your response that you seek to have withheld and provide in detail the bases for your claim of withholding (e.g., explain j
9807130049 980413 PDR ADOCK 05000313 P
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Mr. Michael J. Talley why the disclosure of 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 withholding confidential commercial or financial information).
Dated at Arlington, TX this 13th day of April 1998 i
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ENCLOSURE 2 DEllBERATE MISCONDUCT RULE
$50.5 Deliberate misconduct.
(a) Any licensee or any employee of a licensee; and any contractor (including a supplier or consultant), subcontractor, or any employee of a contractor or subcontractor, of any licensee, who knowingly provides to any licensee, contractor, or subcontractor, components, equipment, materials, or other goods or services, that relate to a licensee's activities subject to this part; may
. not:
(1) Engage 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, or (2) Deliberately submit to the NRC, a licensee, er a licensee's contractor or subcontractor, information that the person submitting the information knows to be incomplete or inaccurate in some respect material to the NRC.
.(b) A person who violates paragraph (a)(1) or (a)(2) of this section may be subject to enforcement action in accordance with the procedures in 10 CFR part 2, subpart 8.
(c) For purposes of paragraph (a)(1) of this section, deliberats misconduct by a person means l
an intentional act or omission that the person knows:
(1) Would cause 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, or (2) Constitutes a violation of a requirement, procedure, instruction, contract, purchase order or policy of a licensee, contractor, or subcontractor.
' [56 FR 40690, Aug.15,1991]
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