View source for IA-85-106, Discusses Issuance of 831208 Order for Mod to License & Order to Show Cause Re Continued Use of Reactor Operator License.Addl Matls Not Authorized Due to Imminent Expiration of License.Portions Deleted

{{Adams
| number = ML20133C417
| issue date = 02/24/1984
| title = Discusses Issuance of 831208 Order for Mod to License & Order to Show Cause Re Continued Use of Reactor Operator License.Addl Matls Not Authorized Due to Imminent Expiration of License.Portions Deleted
| author name = Denton H
| author affiliation = NRC OFFICE OF NUCLEAR REACTOR REGULATION (NRR)
| addressee name = 
| addressee affiliation = AFFILIATION NOT ASSIGNED
| docket = 
| license number = 
| contact person = 
| case reference number = FOIA-85-106
| document report number = NUDOCS 8507200492
| package number = ML20133C364
| document type = CORRESPONDENCE-LETTERS, NRC TO PUBLIC ENTITY/CITIZEN/ORGANIZATION/MEDIA, OUTGOING CORRESPONDENCE
| page count = 1
}}

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FEB 2 4 W                                                Central Files EGreenman, RI RKeller, RI Docket No.                                                                                               RStorostecki, RI License No                                                                                               SECY OGC DBeckham RHoefling /
JLiebernab HDenton/ECase On December 8,1983, I issued to you an " Order for Modification of License (Effective Immediately) and Order to Show Cause" (_ Order) concerning your continueduseofReactorOperatorLicenseNo.@873.)                                                                                                                       ,
The Order provided until January 5,1984, for you to submit infomation to the Comission regarding matters set out in the Order. You responded to the                                                                                          i Order through your attorney, Mr. Nick Frisk, Jr., on January 3,1984, and requested additional time to respond to the Order. On January 4,1984, the
* NRC granted a 30-day extension.                               Subsequently, you filed a revised NRC Fnm 396 " Certificate of Medical History," with the Defendant Profile from the Beaver County Court of Coerion Pleas attached.
However, I note that your current license is due to expire by its tems in a matter of days, specifically, on March 3, 1984. Consequently, I see no point in your submitting any additional materials to the NRC. By the time those materials are received and evaluated, the license would have expired.                                                                  Also, due to the iminent expiration of your license, I see no need for continuing proceedings on the Order beyond the expiration date of the license.
Consequently, effective March 3,1984, the Order is withdrawn.
Should you again wish to perfom activities under an NRC P.eactor Operator License, a new application should be filed with the NRC pursuant to 10 CFR Part 55. This matter would be reconsidered in connection with review of any new application for an operator's license.
Sincerely, Orgmal s ped ej H. A leeten           -                               -
8507200492FOIA 850509                                                Harold R. Denton, Director PDR                           PDR JONES 85-10A                                                                  Office of Nuclear Reactor Regulation cc:       N. Frisk Wsf[                                  .                       ,        ,
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JUL 2 61979
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HRC Operator Licenses implicitly require consistent exercise                      of 14, Your April mature 1979 i         judgment in all matters related to nuclear safety.
entry into a potentially high radiation area in violation of the facility                       '
Technical Specifications, VEPC0 procedures and Comission's regulations demonstrate a failure to follow basic radiation protection requirements
'          and a serious lack of good judgment. Accordingly, you are put on notice tnat future occurrences of such flagrant violations of requirements or demonstration of poor judg ent may result in stringent NRC enforce:nent actions, including license modifications, revocations, or suspensions and civil penalties; This Commission will not hesitate to take such action i
for failure to observe any tems or conditions of licenses, or any rule, regulation or Order of the Comission or any conduct determined to be a hazard to safe operation of the facility.
Letters are being sent to all NRC Operator Licensees notifying them of our intention to consider taking enforcement actions directly against their licenses in all future cases where poor judgment raise concems about their a:i'.ity to perfo m their jo': functicr.s safely or where NRC recuirements are violated.
Sincerely, 1
(Sl Victor Stello, Jr.
Director 1
Office of Inspection i                                                                    and Enforcement l
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                                                                                               $$ INS: 6870 Accession No:
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                                                                                  .            7908090260 UNITED STATES NUCLEAR REGULATORY COMMISSION 0FFICE OF INSPECTION AND ENFORCEMENT WASHINGTON, D.C. 20555 i                                    August 14, 1979 y
IE Information Notice No. 79-20 NRC ENFORCEMENT POLICY - NRC LICENSED INDIVIDUALS

==Background:==

I In tne past, NRC licensed individuals have been cited by the NRC for failure                  i to cocply with the conditions of their licenses.                These items of noncompliance can generally be characteriied as serious or repea'ted failures to follow reacter operating procedures. Two recent events involving the radiation o.erexposure of NRC licensed individuals through their violation of utility procecures, facility Technical Specifications and the Code of Federal Regul,ations
              .9a.s raised questions about the exercise of their responsibilities.
Tr.e purpose of this Information Notice is two-fold:                                            !
( *. )     o remind the NRC licensed individuals of their respcnsibilities. not only
     .~ ..
in the proper operation of the facility controls, but in comp'iance with tne facility acministrative procedures, and C) Tc summarize the enforcement sanctions available to the NRC for use agair.st licensed individuals.
Descriptien of Circumstances:
: 1.         Responsibilities
:aci'.ity licensees are cnarge:: .itn tne responsi::ili;y tc cesicr.,
construct anc cperate their plants in accordance with NRC recuirements
                         .o assure that public health and safety are protected. The role of NRC licensed individuals is no less important in the overall Regulatory s c he.e.e . The NRC recognizes that timely actions by NRC licensed indivi-cuals are an important part of safety. Reliance on these actions is a part of the defense-in-depth concept. Specifically, the NRC requires that:
(1) Only licensed operators are permitted to manipulate the controls that directly affect reactivity (10 CFR 50.54 (i))
(2)      Licensed operators are required to be present at the controls at .
all times during the operation of the facility (10 CFR 50.54 (k))
ee.
6 Oc9W

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IE Infcmation Notice No. 79-20                                                         August 14,1979 Page 2 of 3
 .aE==_:
  ==:
(3) Operation of mechanisms and apparatus other than controls which may indirectly affect the power level or reactivity of a reactor shall only be accomplished with the knowledge and consent of an operat~or licensed in accordance with Part 55 (10 CFR 50.54 (j))
(4)   Licensed senior operators are required to be present at the facility during specified conditions, and available or on call at other times during operation (10 CFR 50.54 (m))
(5) The NRC licensed individual shall observe all applicable rules, regulations and orders of the Commission, whether or not stated in the license (10 CFR 55.31(d))
The aDove requires the NRC licensed individual to comply with the requirements pertaining to the operation'of the facility and manipulation of its controls                                            !
and to comply with radiation safety procedures imolementing 10 CFR 20.                                                  I NRC policy for the responsibility for safe operation of NRC licensed facili. ties                                       !
                ' continues to be as follows:                           .
(1)   The facility licensee is responsible for assuring that the facility is operated within the requirements of the license, Technical Specifica-                                     l
           ^                    tions, rules, regulations, Orders of the NRC and for the actions of
_ ..                          their employees.
i                       (2) HRC licensed individuals are responsible for taking timely and proper actions so as not to create or cause a hazaro to " safe opera-tion of the facility" (i.e. actions or activities, inclucing failure to take action, related to the facility which could nave an acverse affect on the health and safety of the public, plant workers or the individuals).
: 2.       Enforcement Sanctions Cn December 31, 1974, the then AEC sent a letter to all facility licensees containing the criteria for determining enforcement action and tne categories of ncncompliance with AEC regulatory requirements. Those criteria and categories are applicable to NRC licensed individuals as well as facility licensees.
Paragraph 55.40(b) of Title 10 of the Code of Federal Regulations prescribes that NRC issued operator licenses may be revoked, suspended or modified for failure to observe any terms or conditions of any rule, regulation or Order of the Commission, or any conduct determined to be a hazard to safe operation of the facility.                                These would generally involve serious items of noncompliance where: (1) the individuals' action clearly demonstrate inattention to duties or disregard for requirements including
___                 technical specificatons and operating procedures; (2) the NRC licensed individual takes (or fails to take) a required action that results in
   " ~ ~ ~
   'Z~                   significant actual or potential safety consequences; or (3) there is repetitive noncompliance with regulatory requirements.

IE Information Notica No. 79-20                              August 14,1979 Page 3 of 3
    =i=
Examples of situations which could result in violations include:
(1) Noting a serious violation of procedural requirements and not taking corrective action (2) Unauthorized bypassing of required reactor safety systems (3) Defeating alams which have serious safety significance (4) Unauthorized abandoning of reactor controls (5) Knowingly taking actions that violate TS Limiting Conitions for Operation The exa.mples listed above fi1volve the failure of a NRC licensed individual to follow procedures and adhere to controls. These are violations of NRC require-ments. In the past the NRC has issued Notices of Violation, as provided for in 10 CFR 2.201, and suspended, modified or revoked the license, as provided for in 10 CFR 55.40 (b), of NRC licensed individuals. The issuance of civil
* monetary penalties, as provided for in 10 CFR 2.205 and 10 CFR 55.50, or criminal charges, as provided for in 10 CFR 55.50, have not been previously used against NRC licensed individuals but may be used if the circumstances warrant such action.
The Corr.ission will continue to monitor the performance of NRC licensed individuals and will continue to take the appropriate enforcement action against NRC licensed individuals.
No written response to this Information Notice is required. If you have questions regarding this matter, please contact the Director of the appro-priate NRC Regional Office.
l 8
    =
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'"                                                                                                                                     .       $$ INS: C070 Accession No:
      .                                                                                                                                        7908220108
     .     ._.-                                                                                        UNITED STATES NUCLEAR REGULATORY COMISSION OFFICE OF INSPECTION AND ENFORCEMENT                                                   .
WASHINGTON, D.C. 20555 September 7,1979 IE Information Notice No. 79-20 Rev. 1 NRC ENFORCEMENT POLICY - NRC LICENSED INDIVIDUALS 8ackground:
In the past, NRC licensed individuals have been cited by the NRC for failure to comply with the conditions of their licenses.                                                        These items of noncompliance can generally be characterfied as serious or repeated failures to follow reactor operating procedures. Two recent events involving the radiation
;                   overexposure of NRC licensed individuals through their violation of utility procedures, facility Technical Specifications and the Code of Federal Regulations have raised questions about the exercise of their responsibilities.                                                                                                   ,
The purpose of this Information Notice is two-fold:
(1) To remind the NRC licensed individuals of their responsibilities, not only in the proper operation o'f the facility controls, but in compliance with X...                  the facility administrative procedures, and (2) To surunarize the enforcement sanctions available to the NRC for use against licensed individuals.
Description of Circumstances:                                                                                                                                                .
                   ,1.         Responsibilities Facility licensees are charged with the responsibility to design, construct and operate their plants in accordance witn NRC require.?ents to assure that public health and safety are protected. The role of NRC licensed individuals is no less important in the overall Regulatory scheme. The NRC recognizes that timely actions by NRC licensed indivi-duals are an important part of safety. Reliance on these actions is a part of the defense-in-depth concept. Specifically, the NRC requires that:
(1) Only licensed operators are permitted to manipulate the controls that directly affect reactivity (10 CFR 50.54 (i))
              .                (2) Licensed operators are required to be present at the controls at all times during the operation of the facility (10 CFR 50.54 (k))                                                                                          i l
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  .                IE Information Mstics ..a. 79-20 Aev. 2                                                                    .       September 7, 1979
                                                                                         .                                            Page 2 of 3
   .~=~~.                       (3) Operation of mechanisms and apparatus other than controls which may
    ~F                            -
indirectly. affect the power level or peactivity of a reactor shall only be accomplished.with the knowledge and consent of an operator licensed in accordance with Part 55 (10.CFR 50.54 (j))
(4) Licensed sanfor operators are required to, be present at the facility during specified conditions, and sys11able or on call at other times during operation (10 CFR 50.54 (a))                                                                                   )
                               -(5) The NRC licensed individual shall observe all applicable rules, regulations and orders of the Commission, whether or not stated in the license (10 CFR 35.31(d))                                      .
The above requires the'NRC licensed individual to comply with the requirements pertaining to the operation of the facility and manipulation of its controls and to comply with radiation safety procedures implementing 10 CFR 20.
NRC policy for the responsibility for safe operation of NRC licensed facilities continues to be as follows:
(1) The facility licensee is responsible for assuring that the facility is operated within the requirements of the license, Technical Specifica-tions, rules, regulations, and Orders of the NRC and for the actions of their employees.
(2) NRC licensed individuals are responsible for taking timely and proper actions so as not to create or cause a hazard to ~" safe opera-tion of the facility" (i.e. actions or activities, including failure to take action, related to the facility which could have an adverse affect on the health and safety of the public, plant workers or the individuals).
: 2.           Enforcement Sanctions On Decee er 31, 1974, the then AEC sent a letter to all facility licensees containing the criteria for determining enforcement action and the categories of noncompliance with AEC regulatory requirements. Those criteria anc categories are applicable to NRC licensed individuals as well as facility licensees.
Paragraph 55.40(b) of Title 10 of the Code of Federal Regulations prescribes that NRC issued operator licenses may be revoked, suspended or modified for failure to observe any terms or conditions of any rula, regulation or Order of the Commission, or any conduct determined to be a hazard to safe operation of the facility.                                               These would generally involve serious items of noncompliance where: (1) the individuals' action clearly demonstrate inattention to duties or disregard for requirements including
           .                    technical specificatons and operating procedures; (2) the NRC licensed
;                               individual fails to take a required action or takes an independent action
:                               tnat results in significant actual or ootential safety consequences; or (3) there is repetitive noncompliance with regulatory requirements.
e
             .               .. .           ..                               .         _ _ _ = . . .                 ..   .                                 - - . -

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IE Infcreation Notics' do. 79-20 Aev.1                                . September 7,1979 Page 3 of 3
   . e-                                      ,
     ==
Examples of situations which.could result in violations include:
(1)
* Noting a serious violation if procedural requirements and not taking corrective action.   -
                                    - (2) Unauthorized bypassing of required reactor, safety systems (3) Defeating alams which have serious safety significance (4) Unauthorized abandoning of reactor controls (5) Knowingly taking actions that violate TS Limiting Conditions for
                                          ' Operation The examples listed above involve the failure of an NRC licensed individual to follow procedures and adhers to controls. These are violations of NRC require-ments. In the past the NRC has issued Notices of Violation, as provided for in 10 CFR 2.201, and suspended, modified or revoked the license, as provided for in 10 CFR 55.40 (b), of NRC licensed individuals. The issuance of civil                  -
sonatary penalties, as provided for in 10 CFR 2.205 and 10 CFR 55.50, or criminal charges, as provided for in 10 CFR 55.50, have not been prev'ously used against NRC licensed individuals but say be used if the circumst nces l                            warrant such action.
         -                   The Commission will continue to monitor the performance of NRC licensed
    -=
individuals and will continue to take the appropriate enforcement act.on against NRC licensed individuals.
No written response to this Information Notice is required. If you have questions regarding this matter, please contact the Director of the appro-
:                            priate NRC Regional Vffice.
O
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Beaver Valle Power Station: _-.                                                          '..-J~:."
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This letter relates to the findings of an inspection at the Beaver Valley Power Station which was -conducted November 27 through December 8,1979, by our Resident Inspector. The inspection related principally to various maintenance activities occurring on November 27, 1979, which resulted in a portion of the emergency core cooling system (ECCS) being unavailable for automatic start, if it had been needed,
                 ,    concurrent with a loss of offsite power.                                                                                                                                            .
Based on the results of this inspection it appears that you took an action which was not i                full co            liance with the requirements of your NRC Senior Operators License,                                   The specific citation is contained in the enclosed Notice of Violation. ou are required to submit to this Office within twenty days of your receipt of this notice, a written statement in reply, including the reasons for the item of noncompliance and the action you plan to take to prevent recurrence of similar noncompliance (See 10 CFR 2.201).
Also enclosed for your information is a copy of enforcement correspondence on this same matter which has been sent to Duquesne Light Company, and a copy of IE Infomation Notice No. 79-20, Revision 1, entitled "NRC Enforcement Policy - NRC Licensed Individuals." You should have received a copy of the Information Notice in September of this year. This notice was intended to remind licensed individuals of their perscnal responsibilities for adherence to the conditicr.s cf *. heir lictnse.
Copies of this Action together with your response will be sent to (1) your employer, Duquesne Light Company, (2) the NRC's public document room in Washington, D.C. , (3) the local public document room in Alquippa, Pennsylvania and (4) the NRC's Operator Licensing Branch.
If you have any questions about this action, you may discuss them with Mr. Boyce Grier in the Region I office (215-337-5000) or with me (301-492-7397).
Victor Stello, Jr.                                            ..
Director Office of Inspection and Enforcement

==Enclosures:==

(See next page)

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2                                                                                                                                                           '
                                                                                                                                                                                                  .                        h .- -
                          ,_2. . ', Criteria for Detenmining Enforcement :_ir ..:.
               , . . - .-). . Action'and Categories of Noncompliance.                                                                                                                   ~
                                      ..- with AEC Regulatory Requirem'ents-Modifications                                                                                                 '~~. '
                . b 3. IE Information Notice Nei 79-20, Revision 1                                                                                                                                           '
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C. N. Dunn, Vice President, Operations Division                                                                                                                -                              -
FJ Bissert, Technical Assistant Nuc' lear                                                                                                           '
                          - R. Washabaugh,- QA Manager . + '-                                                                                    *r-J. Werling; Station Superintendent                                                                                    i                  :                       *-                        "                             -
                           .G.      Moore, General Superintendent. - -                                                                               -
J. J. Carey, Nuclear Technical Assistant                                                                                '"
R. Martin, Nuclear Engineer                                                                                           ~
J. Sieber, Superintendent, Licensing and Compliance                                                                                                                                                                  .
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n NOTICE OF VIOLATION .
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                                                               .                               e k                                      e Based on the results of an NRC inspection conducted on November 27 through December 8,1979, it appears that one of your activities was not conducted in full comp 1.iance with conditions of your Senior Operator License as indicated below. This noncompliance is categorized as a violation.                                                        -
Senior Operator License No.                                 states in part that "In directing the licensed activities of licensed operators...the licensee shall observe the                                                              ,
operating procedures and other conditions specified in the facility license
   ;            which authorizes operation of the facility.. .". Appendix A to Operating License No. DPR-66, Technical Specification 3.5/2, states that with the plant in Mode 1 (Power Operation), two separate and independent ECCS subsystems shall be operable, and further states in section 3.5.2.c that each subsystem shall include an oper-able flow path capable of taking suction from the refueling water storage tank upon initiation of a safety injection signal.
Technical Specification 1.6 defines " operable" to mean, in part, "that all necessary attendant instrumentation, centrei electric power, cooling or seal water, lubrication or auxiliary equipment that are required for the system, subsystem, train, component or device to perform its function (s) are also capable of perfor=ing their related safety functions."
Appendix A to Operating License No. DPR-68, Te:hnical Specifications Section 6.8.1 requires that procedures be established, implemented and maintained consistent with all applicable procedures recon ended in Appendix "A" of Regulate y Guide 1.33 dated Never.ber 1972. In:1uded in R~ 1.33 are prc:edures for plant operation and mainte .an:e a:tivities. The Beaver Valley Fewer S atic, Ope ratin; Ma ,ual , Se::i c n ' . .td. 7, Re. s ' c- 7, i n:' uci n; ~;e a:f ,;
Mancal Change Notice No. 75-137 cated Octo:.er 8,1979, anc Special Cceraung Order Nc. 79-2, Clearance Procedure, issued April 25, 1979, collectively stipulate that the operators cust at least visually verify that redundant Engineered Safety Features (ESF) systems are available prior to maintenance release and that signatures of the operators signify that removal of ESF equisment from service will not violate applicable Technical Specifications limiting conditions of operation.
l Contrary to the above, on November 27, 1979, you participated in approving a switching order associated with a maintenance work request without verifying that all redundant engineered safety feature systems were available in that the approved maintenance work rendered both ECCS subsystems inoperable from approx-imately 8:30 a.m. to 10:30 a.m. During this time: a) the refueling water storage tank isolation valve MOV-CH-115D was closed and incapable of automatic opening in response to a safety injection signal; and, b) the refueling water storage tank isolation valve M3V-CH-1159, in the redundant subsystem, was closed, had no emer-gency power available, and thus was incapable of automatic opening in response to a safety injection signal if there had been a condition of less of offsite power.
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[           .,          e                       NUCt. EAR REGULATORY COMMISSluN g-c                      l                                    wasmucros. o. c. nosss
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Senior Operator icense No :                            ~. f' Docket No.                                            -
EA 81-22                                                                     rcc     ' P p         ;           ..
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I have been informed, fnm several sources, of your well-deserved reputation as a competent and dedicated professional nuclear reactor engineer. As you know, a nuclear reactor operator must be diligent and consistent in his exercise of good judgment in matters relating to nuclear safety. Accordingly, I was surprised to learn that you were involved in a violation of a fundamental                           ,
tenet of reactor operations.
I understand that on Jaruary 29, 1981, you lef t the boundaries of the Turkey Point control room surveillance area without procer relief, contrary to Commission requirements. Although your absence was of short duration and you were not fer away, this coes not alter the fact that your actions demonstrate a lack of good judgment on your part.
In your capacity as an NRC Licensed Senior Reactor Operator at the Turkey Point Nuclear Generating Station, you are reauired to be aware of plant conditions anc to ensure that operations are conducted in accordance with station procedures, Technical Specifications and the Commission's rules and regulations. Accordingly, you are advised that similar demonstrations of poor judgment, in the future, may result in NRC enforcement actions.
S's warning dll ce effectise until ycur next license rene-51                             41 inst tire it wili De recoved from NRC files.
I have enclosed for your information a copy of the enforcement action the NRC is taking against the Florida Power and Light Company relative to this event.
Should you have any questions regarding this matter, I will be pleased to discuss them with you.                                                                                ;
Sincerely,           ,
                                                                                        / /N$
kictorStello,,Ar., Director            ;
Office of Inspection and Enforcement   '

==Enclosure:==
as stated CERTIFIED MAIL RETURN RECEIPT REQUESTED initx
                                              .n Yn / u * '
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cense        perator - urkey Point cc:  E. A. Adomat, FP&L H. E. Yeager, Turkey Point Site Manager P. F. Collins, Chief, OLB, NRR S
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DISTRIBUTION:
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!                                                                                                                                                            Central Files l                                                                                                                                                            ECase HDenton Rocket !'o                                            .
;                     License !                                               -
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:                    The enclosed Order is bei,no issued as a consequence of your convictic'1 of crimes includinn viol t fe ies in the Court of Co .non Pleas of on                                       The Order provides you e                an onnor unity a s ou cau e trithin t rty (M) days eby your                                                                                            -
license should not be revnked.                                                                                                                                  ..
I understanti that, thounF vo.ur enlo3 ment at th
                     'Iniversity has been teminated, you have in'itiat . a civi action                                                                                         .
nuastioning the. approeriateness of your temination. The 'irder, therefore, ecuir                                 hould_you be reinstated at the Univ.ersity, to notify Pooional Administrator for PectorE of the l'uclear enu atory .c issics, in witinq et least five (5) days crior to your resu-r. tion of duties authorized by your lic'ense.                                                                      ,
sincerely,
                                                 *                                                     ~
                                                                                                                 'Ori;inal SW D H. R. Denton Ha rol d D.          Denton, Pirector Office of !!uclear Reactor Degulation

==Enclosure:==

Order for t'odification of License                                                                                                                                             .
and Order to Show Cause cc:                                                               'niversity                                        .
bec w/o encl:
J. Lieberman CERTIFIED MAIL - RETURN RECEIPT REQUESTED O  .%
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                                                                                                                                                                                                       ..-.--.-t

    ~. : l UNITED STATES OF AMERICA
                                      .                     NUCLEAR REGULATORY COMMISSION OFFICE OF NUCLEAR REACTOR REGULATION                                                              ,
Harold R. Denton, Director                                                             '
l
          . In the Matter of                               ;                        )      .
                                                                                        )
                                                                                        )          Docket No. 55                       -
                                                                                        )                                          -
                                                                                        )                                        .
0RDER FOR MODIFICATION OF LICENSE (EFFECTIVE IMMEDIATELY)
AND ORDER.TO SHOW.CAUSE                              .
i
                                                                                           .I Mr                                           (the Licensee) is the holder of Reactor
              ' Operator License No                            (the License) authorizing Mr. Carusone to operate the controls of the nuclear reactSr at the University (the Facility or Facility Licensee). The License was issued                                                   '
by the Nuclear Regulatory Comiss_ ion (Comission ) on                                                         and is due to expire on l
II Pursuant to the Comission's regulations, specifically,10 CFR Part 55,
  ,             the Licensee is to perform his duties in accordance with all applicable rules, regulations and orders of the Comission.                                          See10CFR%55.31(d).
Further, the License requires that the Licensee shall observe the operating l

procedures and other conditions specified in the Facility license. The responsibilities associated with a reactor operator license are substantial.
The proper execution of these responsibilities requires the exercise of sound judgment.               The character of an individual, including the individual's exercise l
of sound judgment, is a consideration in issuing an operator license.                                                                                                               '
See Section 182a of the Atomic Energy Act of 1954, as amended.                                                                          In determining whether or not an in'dividuhl seeking a , license to be a reactor operator has the necessary character, including sound judgment, the Comission would take                                                                                                         !
into account .the criminal history of an applicant.                                                                                                    '
                                                                                                                                                                                                )
l In evaluating an applicant for a license, the Comission also takes into consi de ra ',4on an evaluation of the applicant prepared by a-licensed medical practitioner and required as part of :a license application [                                                                       See 10 CFR 555.10(a)(7).                This evaluation is presented on a Ce'tificate                                             r           of Medical History, NRC Form 396.                 See 10 CFR 55.11(a)(2). Among the factors to be taken into account by the certifying physician are convictions of federal, state, county or municipal la'w.                See Paragraph 33 of Form 396.
Depending on the nature of and the circumstances surrounding a crime, it could provide the basis for precluding an indi.vidual from obtaining a operator reactor license                                                      A conviction could also form the basis for license revocation.                 See Section 186a of the Atomic Energy Act of 1954, as amended.
By letter dated                                                          from the Facility Licensee to the Regio Offices- of the Nuclear Regulatory Comission, the Comission was informed that the Licensee had been convicted of a felony in the Court of Common Pleas of                                                                                                        !
on                                  The Comission was further Mnformed that the Licensee had been term l
l I
                                              - - - , , - - - , - - - - - . , - , , . -                   - . . . - - , - - - -           - -      -y            ,        , - - - - - - - -   ,

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4 Facility. This termination effectively prevents the Licensee from carrying out duties authorized by the License at the Facility.            The crimes for which the Licensee was convicted by a jury included violent felonies.
Specifically, the Licensee was convicted unde                         law of two counts of Aggravated Assault, two counts of Simple Assault and two counts of Recklessly Endangering Another Person.
The Nuclear Reg'ulatory Comission,has been further informed by the Facility Licensee that the Licensee instituted a civil action naming -
the Facility as a defendant charging that the Licensee had been improperly'
                                    ~
terminate     from the Facility.                           ,-                       .
                                                   ~                               -
                                               . .l11      .              .
Under Section 186 of the Atomic. Energy Act of 1954, as amended,               I and in the,Comission's regulations, in 10 CFR 555.40, a reactor operator license may be modified or revoked for a finding which would warrant the Comission to refuse to grant a reactor operator license on initial application. The commission of violent felonies such as the ones committed by the Licensee, absent explanation, sufficiently calls into question the character of the Licensee and his ability to exercise sound judgment as to have warranted denial of the Licensee's initial application.
Based on the foregoing, I have concluded that, if it had been known            l l
that the Licensee would have comitted violent felonies such as the ones for which he has recently been convicted, the License would not have been issued, absent sufficient explanation.           I~have also determined that the public health, safety or interest requires the imediate action be taken

                                              -               ,4-
                                  ~
to ensure that the Commission is fully apprised of any likelihood that the Licensee might again as,sume responsibilities as a reactor operator at the Facility.
IV Accordingly, pursuant,to Sections 107,161(i),182and186ofthe
          .. Atomic Energy Act of 1954,';as amended, and the Commission's regulations in 10 CFR Parts 2 and 55, it is ordered that:                                       -
Effectively immediately, License No. 5873 is amended by A.
adding thereto the following condition:          -
                            ."Mr                        shall notify Regio      bfthe
                            'Nu~c lear egu atory ommission, in writing, of his re-sumption of the duties            i licensed reactor operator ~
at the                            University 5 days prior to the re aption o suc               ies."                  ~
B.       The Licensee show cause'wh'y his reactor operator license should. not be revoked. An'y such showing must be accom-panied by 6 current Certificate of. Medical History Form 396.
V The Licensee may, on or before January 5,1984, show cause, as required by Section IV B, by filing a written answer under oath or affirmation setting forth the matters of fact and law upon which the Licensee relies.         An extension of time may be granted for good cause upon the filing of a written request by the Licensee. Upon failure of the l
1 J

Licensee to file an answer within the time specified, the Director, Office of Nuclear Reactor Regulation, may issue an order taking the action stated in Section IV B.
VI The Licensee may request a hearing no later than January 5,1984.
Any answer to the Order or any request for a hearing shall be submitted
      ,                                    t              ..
to the Secretary, U.S. Nuclear Regulatory Commission, Washington, D.C.,         .
20555, with a copy to the Executive Legal Director at the same addres.s.'                 -
If a hearing is requested by 'the Licensee, the Cortynission will issue,an                     .
Order designating the time, a'nd place of any such hgaring.. Any request for'a heabing shall not stay the i'm mediate effectiveness 6f Section IV, A.
In the event a h' earing is held, the issue to be considered at such hearingshallbe,whether,onthebasisthefactssetfbrthinPartsIIand III of this Order, the action set forth in Section IV sh:uld be sustained.
FOR THE NUCLEAR REGULATORY COMMISSION           ..
                                                       /                   x Harold R. Denton, Director Office of Nuclear Reactor Regulation        .
Dated. at Bethesda, Maryland, this              day of December,1983.
                          .}}