ML20238D674

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Recommends Issuance of Encl Draft Info Notice, Jail Term for Former Contractor Employee Who Intentionally Falsified Welding Insp Records, to Remind Licensees That Intentional Violation of NRC Requirements Subj to Criminal Prosecution
ML20238D674
Person / Time
Issue date: 11/01/1985
From: Ebneter S
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
To: Jordan E
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
Shared Package
ML20238D476 List:
References
FOIA-86-188 NUDOCS 8709110316
Download: ML20238D674 (3)


Text

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,, uNiTro STATES }

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NOV 01 1985 3 MEMORANDUM FOR: Edward Jordan, Director, Division of Emergency Preparedness and Engineering Response FROM: Stewart D. Ebneter, Director, Division of Reactor Safety ,

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SUBJECT:

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PROPOSF.D IE INFORMATION .a . n; p ; e..

NOTICE .

, e On September 30, 1985, the U. S. Attorney in New Hampshire announced that a 1

former contractor QC inspector at Seabrook was sentenced to six months imprisonment and three years probation following his guilty plea to two counts of filing false statements. Specifically,,the individual falsified numerous QC inspection reports. Although not the subject of the indictment, the individual I

falsified his job application and resume as well. The facts were established during an investigation conducted by 01 (

Reference:

01 Report No. 1-83-008).

We recommend issuance of the enclosed Information Notice to remind licensees, {

1 contractors and their employees that an intentional violation of NRC

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requirements is a serious matter subject to criminal prosecution.

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h Stewart D. Ebneter, Director l

Division of Reactor Safety

Enclosure:

As Stated cc: J. Axelrad, IE J. Lieberman, ELD l

l 8709110316 870901 JII6J l l

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PDR FOIA CARDE86-180 PDR

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(f 7, IE INFORMATIOMOllCE NC 85-: JAIL TERM FOR FORMER CONTRACTOR EMPLOYEE W W INTENTIONklY 4AL59 IED MELDING INSPECTION RECORDt I f' i, '

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ADDaESSEd:' -

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-> A1) nuclear powerveactej' faci'.[ ties holding an operating license (OL) or a '!

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}': g y n M@infoSnNNNnEOO' Mo itff0$ N$$kN$NNNiblSeiDeployees

'4 ' \ , of the crimDia h prostedtion bNhe U.S. ' Department of Justice of a contractor

'0C.inspecton hmployed it the Seabrook Nuclear Power Station, an Oa res'ltant

. u i jail sentent'e. The individua*c intentionally' falsified-records of liqind

. c penetrant and magnetic particle testing of welded joints in piping, pij:e braces and structural % teel.k.The NRC dxpects that recipienttwill review and proyide widespread diss emination' 9f this notice to employees and contractors' employees involv;d in"saf ety-relatehactivities, especially those enployees involved -in j

l. traktiig and keeping records. The NRC}further expect that rscipients will remind lt >; <

, their own and contractoi omployees u tnat not only are licensees subject to civil-l u.forcement action for violations af URL requirements, but. indivi3uals who 1'n tentionally violate these requyements are also subject to criminal

. prosecution. x. ,

DESCRIPTIO(OF CIRCUMSTANCES: ,

In fi hrch,1983, management cf Punan' Higgins (P-H), principal contractor for 3

cea@uctio:iNf ,the Seabrcok Nu;1 ear'Pue'r Station, identified deficiencies in a QC inspectGn Mepori: of liqvid penetrant and magnetic particle' testing.

Rather thart assu@ the deficiency .to.be ati isoland occurrence, P-H investigate (other ~repoets prepared by ttie individyal and found similar deficiencies. t As;a result, the individua19' employment was terminated in '

. N ril, 1983.i A ,

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Subs?quentl'y, during an investigation 4confuci:ed by the NRC's Office of

', Investigation (0!), thel individual, (fter Initial denial, admitted falsifying, thiunspection recorts 'a that he dccomented work as being complete and acceptable, when'fn fact'he had not performed the inspection of the_ work.

-IFurther, thiindtoidual also admitte:i thht he had lied on his job application 4

and resume resroMg his formal cdxation and prenpus NDE certification. The case was referred to '.bnDepartment of Justice and on September 39, 1985,, the ,

U.S. Attornefin he Haripshire announced that the individual was. sentenced to 3tx months 1mprist:sent and three'yeters probation following his guilty plea to i to counts of an "ndictmept charging, under 18 U.5 C. 51001, that he filed 3

.fal d s etew nti on documents required by the NRC to be maintatted.

L DISCl@0N: ,

V Licensees have the responsibility to monitor thp !.afe construction and operatioc of miclea'r power guerating facilities ~to assure quality in all

. licensed activities. In so doing, licensees must not only utilize trained

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g individuals and provide adequate procedures, but must also exercise supervision over their employees and their contractor employees to assure adherence to procedures and NRC requirements. While violations of NRC requirements caused by inattention to detafl or human error are unacceptable to the NRC and may result in civil enforcement action, they do not subject individuals to criminal i prosecution. However, violations caused by intentional acts are intolerable i and may subject corporations, the individual wrongdoer, and others who knew and i condoned his acts, to criminal prosecution. As evidenced by this reported l

case, the criminal sanctions available may include a jail sentence.

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