ML20248K779
| ML20248K779 | |
| Person / Time | |
|---|---|
| Site: | River Bend  |
| Issue date: | 06/03/1998 |
| From: | Merschoff E NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV) |
| To: | Mcgaha J ENTERGY OPERATIONS, INC. |
| References | |
| EA-98-132, NUDOCS 9806100262 | |
| Download: ML20248K779 (4) | |
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9, UNITED STATES E*
'h tJUCLEAR REGULATORY COMMISSIOtJ o e ntoloN y S,
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AHL INGTON TEXAS M011 IE1 June 3, 1998 EA 98-132 John R. McGaha, Vice President - Operations River Bend Station Entergy Operations, Inc.
P.O. Box 220 St. Francisville, Louisiana 70775
SUBJECT:
INTERVIEWS OF NRC EMPLOYEES REGARDING PENDING ENFORCEMENT CASE
Dear Mr. McGaha:
This is in reference to the telephone conversation between Mr. Arthur Howell of my staff and Mr. Rick King of your staff on June 3,1998, regarding Entergy Operations, Inc.'s recent interviews of certain NRC employees about a pending enforcement matter (EA 98-132) involving the apparent failure of a licensee official at the River Bend Station (RBS) to provide the NRC with information that is complete and accurate in all material respects. As you know, a predecisional enforcement conference on this matter is scheduled to occur on June 26,1998, in the NRC's Arlington, Texas office.
As I discussed with you, the NRC wants to make it clear that the information obtained from these NRC employees by Entergy's attorney, Douglas Levanway, represents their personal opinions and not necessarily the agency's views with regard to the pending enforcement matter. The NRC has not made a final determination in this case, but has provided Entergy the agency's perspective on the apparent violation and the circumstances that might indicate willfulness on the part of the licensee official in Enclosure 2 to the NRC's letter dated May 7,1998.
During the interviews, one of the NRC employees apparently stated or implied that the NRC does not generally pursue enforcement action when inaccurate information is verbally provided to the NRC by a licensee employee. This statement is incorrect and may leave the false impression that NRC is not concerned about the accuracy of information provided to us verbally.
To the contrary, the NRC considers it extremely important that information conveyed to the NRC is complete and accurate in all material respects, whether it is provided verbally or in writing. In fact, enforcement action is routinely considered for inaccurate verbal statements made by licensee employees. Whether enforcement action actually is taken depends on the circumstances of each case, as discussed in Section IX of the NRC's Enforcement Policy. The 3
factors that are considered include: (1) the degree of knowledge that the communicator should have had, regarding the matter, in view of his or her position, training, and experience; (2) the Q
opportunity and time available prior to the communication to assure the accuracy or completeness of the information; (3) the degree of intent or negligence, if any, involved; (4) the i
formality of the communication; (5) the reasonableness of NRC reliance on the information; (6) the importance of the information which was wrong or not provided; and (7) the reasonableness of the explanation for not providing complete and accurate information. In 9006100262 990603 PDR ADOCK 05000458 P
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r Entergy Operations, Inc. addition, enforcement action for inaccurate oral statements is also considered if it involves t
significant information by a licensee official.'
In accordance with 10 CFR 2.790 of the NRC's " Rules of Practice," a copy of this letter will be placed in the NRC Public Document Room.
Sincerely,
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Ellis W. Mersch Regional Admini trator Docket No. 50-458 License No. NPF-47 cc:
Executive Vice President and Chief Operating Officer Entergy Operations, Inc.
P.O. Box 31995 Jackson, Mississippi 39286-1995 Vice President Operations Support Entergy Operations, Inc.
P.O. Box 31995 Jackson, Mississippi 39286-1995 General Manager Plant Operations River Bend Station Entergy Operations, Inc.
P.O. Box 220 St. Francisville, Louisiana 70775 Director - Nuclear Safety.
River Bend Station Entergy Operations, Inc.
P.O. Box 220 St. Francisville, Louisiana 70775'~
Wise,' Carter, Child & Caraway i
P.O. Box 651 Jackson, Mississippi 39205 h,
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. Entergy Operations, Inc. Mark J Wetterhahn, Esq.
Winston & Strawn 1401 L Street, N.W.
. Washington, D.C.. 20005-3502 Manager - Licensing River Bend Station Entergy Operations, Inc.
~ P.O. Box 220 St. Francisville, Louisiana 70775 4
LThe Honorable Richard P. leyoub Attorney General Department of Justice State of Louisiana
' P.O. Box 94005 Baton Rouge, Louisiana 70804-9005 H. Anne Plettinger 3456 Villa Rose Drive Baton Rouge, Louisiana 70806 President of West Feliciana Police Jury P.O. Box 1921 St. Francisville, Louisiana 70775 William H. Spell, Administrator Louisiana Radiation Protection Division
' P.O. Box 82135 Baton Rouge, Louisiana 70884-2135 L'
I Entergy Operations, Inc. E-Mail report to Document Control Desk (DOCDESK) bec to DCD (IE06) - Radiological Protection Reports bec distrib. by RIV:
Regional Administrator Senior Resident inspector DRP Director DRS-PSB-Murray Branch Chief (DRP/C)
MIS System Project Engineer (DRP/C)
RIV File Branch Chief (DRP/TSS)
Resident inspector EO-Sanborn JLieberman, OE,07H5 OE: Files, 07H5 WBrown Vasquez McGurren, OGC,015B18 1
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To receive copy,of document, indicate in bpx: "C" = Copy without enclosurgs "E" = Copy with enclosures "N"Npy EO M RC ///4/
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