ML14008A103

EN-14-002, Issuance of a Notice of Violation, Surry Power Station, Individual (IA-13-055)

ML14008A103
Person / Time
Site:	Surry
Issue date:	01/08/2014
From:	David Furst, Nick Hilton NRC/OE
To:
Furst D
References
IA-13-055 EN-14-002
Download: ML14008A103 (2)

Text

January 8, 2014 EN-14-002 OFFICE OF ENFORCEMENT NOTIFICATION OF SIGNIFICANT ENFORCEMENT ACTION Individual: Mr. John Amburgey, former Security Officer, IA-13-055 Surry Power Station

Subject:

ISSUANCE OF A NOTICE OF VIOLATION This is to inform the Commission that a Notice of Violation (NOV) associated with a Severity Level III violation will be issued to Mr. John Amburgey on or about January 13, 2014, as a result of an investigation completed by the NRC Office of Investigations on August 19, 2013. The purpose of the investigation was to review the facts and circumstances involving a positive for-cause alcohol test result that revealed Mr. Amburgey was not fit-for-duty, approximately 5 hours5.787037e-5 days <br />0.00139 hours <br />8.267196e-6 weeks <br />1.9025e-6 months <br /> into his armed security officer shift, at the Surry Power Station (SPS) on December 7, 2012.

Based on the investigation and NRC staff review, an apparent violation of 10 CFR 50.5 (a)(1) involving his deliberate misconduct caused SPS to be in violation of 10 CFR 73.55(i)(5)(ii),

which states, in part, that licensees provide continuous surveillance, observation, and monitoring of the Owner Controlled Area (OCA) as described in their physical security plan.

Specifically, at approximately 2330 hours0.027 days <br />0.647 hours <br />0.00385 weeks <br />8.86565e-4 months <br /> on December 7, 2012, co-workers detected the odor of alcohol on his breath and immediately reported this observation to site security supervision.

In response, he was promptly for-cause tested for alcohol, and test results confirmed a Blood Alcohol Concentration (BAC) level of 0.139 percent. Because his BAC exceeded the 10 CFR 26.103 limit of 0.04 percent, SPS declared the test result for alcohol as a confirmed positive test and relieved him of duty. Based on the confirmed positive test, and the fact that he had been on duty approximately 5 hours5.787037e-5 days <br />0.00139 hours <br />8.267196e-6 weeks <br />1.9025e-6 months <br /> into his shift as an armed security officer, SPS declared him unfit for duty and unable to effectively perform his assigned security duties in the OCA. The licensee implemented immediate compensatory measures and corrective actions, to include terminating his employment and placing his name into the industrys Personnel Access Data System database, commonly known as PADS.

It should be noted Mr. Amburgey declined to respond to the apparent violation in writing and that he did not want to participate in a predecisional enforcement conference or in the alternative dispute resolution process. He will be informed of the issuance of the NOV on or about the following dates:

Mailing of Notice January 13, 2014 Telephone Notification of Individual January 13, 2014 CONTACTS: David Furst, OE/EB Nick Hilton, OE (301) 415-7634 (301) 415-3055

DISTRIBUTION: EN-14-002, January 8, 2014 OWFN OWFN TWFN Regional Offices Chairman Macfarlane EDO OCFO RI RII Comm. Svinicki DEDR OIS RIII RIV Comm. Apostolakis DEDMRS RES Comm. Magwood OE ACRS Comm. Ostendorff OGC FSME MAIL SECY NRR NRO OE staff OCA OI OPA OIG 3WFN OIP NMSS NSIR OP CENTER DISTRIBUTION:

Public RZimmerman, OE NHilton, OE DFurst, OE MLayton, NSIR SCoker, NSIR OE r/f EN Binder ADAMS Accession Number: ML14008A103 OFFICE OE:ES OE:BC NAME DFurst NHilton DATE 1/8/14 1/8/14 OFFICIAL RECORD COPY