ML061230423

IA-04-013, Teply, Notice of Violation (NRC Office of Investigation Report No. 3-2003-021)

ML061230423
Person / Time
Site:	Duane Arnold
Issue date:	05/01/2006
From:	Caldwell J Region 3 Administrator
To:	Teply M - No Known Affiliation
References
3-2003-021, IA-04-013 IA-04-013
Download: ML061230423 (6)

Text

May 1, 2006 IA-04-013 Michael J. Teply

[HOME ADDRESS DELETED UNDER 10 CFR 2.390(a)]

SUBJECT:

NOTICE OF VIOLATION (NRC OFFICE OF INVESTIGATIONS REPORT NO. 3-2003-021)

Dear Mr. Teply:

This refers to the investigation completed on February 6, 2004, by the U.S. Nuclear Regulatory Commission (NRC), Office of Investigations (OI) regarding your activities at the Duane Arnold Energy Center (DAEC) on July 23, 2003. Specifically, you directed an operator to relocate items stored in the cask pool without health physics personnel being present. Enforcement action in this matter was delayed by the NRC until related OI investigations at DAEC were completed.

In our April 28, 2004, letter transmitting the summary of the OI report, we provided you with the opportunity to address the apparent violation identified in the report by either attending a predecisional enforcement conference or by providing a written response before we made our final enforcement decision. In a letter dated May 21, 2004, you provided a response to the apparent violation.

Based on a review of OI Report No. 3-2003-021, information provided by DAEC representatives at a predecisional enforcement conference on June 1, 2004, and the information that you provided in your May 21, 2004, letter, the NRC has determined that a deliberate violation of NRC requirements occurred.

Your deliberate misconduct caused DAEC to violate radiation protection procedures and put you in violation of 10 CFR 50.5, Deliberate Misconduct. Given the significance of the underlying issue, the deliberate nature of your actions on July 23, 2003, and your involvement in a prior willful violation that occurred at DAEC on August 11, 1999 (EA-00-057; IA-00-015), the violation on July 23, 2003, has been categorized in accordance with the NRC Enforcement Policy at Severity Level III. Therefore, after consultation with the Director, Office of Enforcement, I have been authorized to issue a Notice of Violation to you.

(Enclosure 1). Our letter and Notice of Violation issued on this day to DAEC is also enclosed (Enclosure 2) .

You should be aware that if you are involved in NRC-licensed activities in the future, additional deliberate violations could result in more significant enforcement or criminal action.

The NRC has concluded that information regarding the reason for the violation, the corrective actions taken and planned to correct the violation and prevent recurrence and the date when

M. Teply full compliance was achieved is already adequately addressed in your May 21, 2004, letter.

Therefore, you are not required to respond to this letter unless the description therein does not accurately reflect your corrective actions or your position. However, should you choose to respond, your response should be sent to the U.S. Nuclear Regulatory Commission, ATTN: Regional Administrator with a copy to the Enforcement Officer, Region III, 2443 Warrenville Road, Suite 210, Lisle, IL 60532-4352, and marked Open by Addressee Only, Response to IA-04-013, within 30 days of the date of this letter, and you should follow the instructions specified in the enclosed Notice.

If you contest this enforcement action, you should also provide a copy of your response, with the basis for your denial, to the Director, Office of Enforcement, United States Nuclear Regulatory Commission, Washington, DC 20555-0001.

Please contact Steven Orth, Team Leader, Plant Support Team at (630) 829-9827 with any questions.

In accordance with 10 CFR 2.390 of the NRC's Rules of Practice, enforcement actions are made available electronically for public inspection in the NRC Public Document Room or electronically from the NRCs document system (ADAMS), accessible form the NRC Web site at http://www.nrc.gov/ reading-rm/adams.html. A copy of this letter and your response with your address removed, should you choose to provide one, will be made available to the Public. To the extent possible, your response should not include any personal privacy, proprietary, or safeguards information so that it can be made available to the Public without redaction. The NRC also includes significant enforcement actions on its Web site at www.nrc.gov; select What We Do, Enforcement, then Significant Enforcement Actions.

Sincerely,

/RA by Geoffrey Grant Acting for/

James L. Caldwell Regional Administrator Docket No. 50-331 License No. DPR-49

Enclosures:

1. Notice of Violation

2. Letter to DAEC cc w encls: Gary Van Middlesworth Site Vice-President Duane Arnold Energy Center CERTIFIED MAIL RETURN RECEIPT REQUESTED

FILE NAME: G:\EICS\Duane Arnold\04-013 IA.wpd Publicly Available G Non-Publicly Available G Sensitive Non-Sensitive To receive a copy of this document, indicate in the box: "C" = Copy w/o att/encl "E" = Copy w/att/encl "N" = No copy OFFICE RIII E D:OE1 E OGC2 E RIII E RIII E RIII N NAME Weil Johnson B. Jones Boland for Satorius OBrien Pedersen DATE 04/28/06 04/28/06 04/28/06 4/28/06 5/1/06 5/1/06 OFFICE RIII N NAME Caldwell DATE 5/1/06 OFFICIAL RECORD COPY 1

HQ concurrence provided on 04/28/2006 by C. Nolan, OE.

2 No legal objection received on 04/28/2006 from G. Longo, OGC.

M. Tepley DISTRIBUTION:

L. Reyes, EDO W. Kane, DEDR M. Johnson, OE C. Nolan, OE M. Burrell, OE J. Caldwell, RIII G. Grant, RIII L. Chandler, OGC B. Jones, OGC G. Longo, OGC J. Dyer, NRR D. Holody, Enforcement Officer, RI C. Evans, Enforcement Officer, RII K. OBrien, Enforcement Officer, RIII K. Fuller, Enforcement Officer, RIV R. Pascarelli, Enforcement Coordinator, NRR R. Paul, RIII:OI C. Dvorak, RIII:OI N. Hane, RIII:OI C. Weil, RIII:EICS Resident Inspector OEWEB OEMAIL OAC3

NOTICE OF VIOLATION Michael J. Teply Docket No. 050-00331

[Home Address Deleted License No. DPR-49 Under 10 CFR 2.390(a)] IA-04-013 During an NRC investigation completed on February 6, 2004, a violation of NRC requirements was identified. In accordance with the NRC Enforcement Policy, the violation is listed below:

10 CFR 50.5(a)(1) provides, in part, that any employee of a licensee may not engage in deliberate misconduct that causes or would have caused, if not detected, 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.

10 CFR 50.5(c) provides, in part, that for the purposes of 10 CFR 50.5(a)(1), deliberate misconduct by a person means 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) Constitute a violation of a requirement, procedure, instruction, contract, purchase order, or policy of a licensee.

Duane Arnold Energy Center (DAEC) Technical Specification 5.4.1. provides, in part, that written procedures shall be established, implemented and maintained covering the applicable procedures recommended in Regulatory Guide 1.33, Revision 2, Appendix A, February 1978.

Section 7 of Appendix A to Regulatory Guide 1.33, Quality Assurance Program Requirements (Operation), Revision 2, February 1978, provides, in part, that the licensee establish written procedures for radiation protection.

Section 3.2.7 of DAEC Administrative Control Procedure ACP1407-2, Revision 10, dated November 4, 2002, Material Control in the Spent Fuel Pool and Cask Pool, a procedure that implements Technical Specification 5.4.1 and Regulatory Guide 1.33, provides, in part, that health physics shall be notified and present prior to relocating or removing any item stored in the spent fuel pool and cask pool.

Contrary to the above, on July 23, 2003, while you were a supervisor employed at the Duane Arnold Energy Center, you deliberately directed an operator to relocate irradiated items stored in the cask pool without notifying health physics or ensuring that health physics personnel were present prior to relocating the irradiated items.

This is a Severity Level III violation (Supplements I and VII) (IA-04-013).

The NRC has concluded that information regarding the reason for the violation, the corrective actions taken and planned to correct the violation and prevent recurrence and the date when full compliance was achieved is already adequately addressed in your May 21, 2004, letter.

However, you are required to submit a written statement or explanation, pursuant to 10 CFR 2.201, if the description therein does not accurately reflect your corrective actions or

Notice of Violation your position. In that case, or if you choose to respond, clearly mark your response as a "Reply to a Notice of Violation; IA-04-013" and send it to the U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, DC 20555 with a copy to the Regional Administrator and Enforcement Officer, Region III, 2443 Warrenville Road, Suite 255, Lisle, IL 60532-4352, and marked Open by Addressee Only, Response to IA-04-013, within 30 days of the date of the letter transmitting this Notice of Violation (Notice).

If you contest this enforcement action, you should also provide a copy of your response, with the basis for your denial, to the Director, Office of Enforcement, United States Nuclear Regulatory Commission, Washington, DC 20555-0001.

Because your response will be made available electronically for public inspection in the NRC Public Document Room or from the NRCs document system (ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html, to the extent possible, it should not include any personal privacy, proprietary, or safeguards information so that it can be made available to the public without redaction. If personal privacy or proprietary information is necessary to provide an acceptable response, then 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 withholding of such material, you must 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 why the disclosure of information will create an unwarranted invasion of personal privacy or provide the information required by 10 CFR 2.390(b) to support a request for withholding confidential commercial or financial information). If safeguards information is necessary to provide an acceptable response, please provide the level of protection described in 10 CFR 73.21.

Dated this 1st day of May 2006