05000443/FIN-2016010-01: Difference between revisions
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{{finding | {{finding | ||
| title = Deliberate Misconduct | | title = Deliberate Misconduct of Any Licensee Employee | ||
| docket = 05000443 | | docket = 05000443 | ||
| inspection report = IR 05000443/2016010 | | inspection report = IR 05000443/2016010 | ||
Latest revision as of 19:56, 20 February 2018
Finding | |
|---|---|
| Title | Deliberate Misconduct of Any Licensee Employee |
| Description | The NRC has also preliminarily determined that you committed an apparent violation of Title 10 of the Code of Federal Regulations (CFR) 50.5(a)(1 ), "Deliberate Misconduct." The NRC's deliberate misconduct rule prohibits employees of any licensee from engaging in deliberate misconduct that causes, or would have caused if not detected, a licensee to be in violation of NRC requirements. Your apparent violation is being considered for escalated enforcement action in accordance with the NRC Enforcement Policy. The current Enforcement Policy is included on the NRC's Web site at httg://www.nrc.gov/about. A copy of your apparent violation is provided as Enclosure 2 to this letter. Since the NRC has not made a final determination in this matter, a Notice of Violation is not being issued at this time. Please be advised that the number and characterization of the apparent violation may change as a result of further NRC review. We believe we have sufficient information to make an enforcement decision regarding the apparent violation and are considering issuing to you an Order prohibiting your involvement in NRC regulated activities for some period not likely to exceed three years. However, before the NRC makes its final enforcement decision, we are providing you an opportunity to provide your perspective on this matter, including the significance, cause, and corrective actions, as well as any other information that you believe the NRC should take into consideration by: (1) requesting a pre-decisional enforcement conference (PEC) to meet with the NRC and provide your views in person; (2) requesting Alternative Dispute Resolution (ADR); (3) responding to the apparent violation in writing; or, (4) accepting the violation as characterized in this letter and notifying us of that decision within 1 0 days.A weapon that had been staged at a security post on August 2, 2015, at the NextEra Energy Seabrook, LLC (NextEra) Seabrook Station (Seabrook) was returned to the armory on August 21, 2015, for routine cleaning. While cleaning the weapon, the armorer found that a foam earplug insert and two pieces of rolled up paper had been stuffed in the barrel. NextEra notified the NRC Senior Resident Inspector at Seabrook, who in turn, informed regional staff and management. The region immediately dispatched security inspectors and investigators and, on August 24, 2015, formally launched a high-priority 01 investigation. 01 interviewed site security personnel who had access to the weapon. During initial interviews on August 24, one security officer (SO) acknowledged to 01 that he had stood watch in the position with the affected rifle on two occasions during the subject period. However, the SO testified that he had not placed the materials in the weapon and that he had no information about how the materials got inside of it. Afterward, the SO commented to some of his coworkers that the 01 interview had made him feel like he had something to do with the tampered weapon. He made several comments to other SOs indicating that he may have been involved in tampering with the rifle. He asked a coworker to contact the 01 agents and ask them to meet him at an off-site location. Although 01 contacted the SO, he declined to meet with them at that time. On multiple occasions between August 27 and September 24, 01 attempted tore-interview the SO, but he declined each request. On October 19, 2015, the SO spoke with 01 and stated that he believed he placed the materials in the weapon. The SO told 01 that he did not know why he did it, and adamantly stated that he was not trying to hurt anyone or to assist anyone with gaining access to the site. He acknowledged that it was reasonable to assume that he didn't come forward about what he had done because he was afraid of being fired. The SO also affirmed that he was not aware of adverse issues with any other weapons or equipment at the site. 01 concluded that the SO deliberately placed the materials in the rifle. APPARENT VIOLATION I 0 CFR 73.55(k)(2) requires licensees to ensure that all firearms, ammunition, and equipment necessary to implement the site security plans and protective strategy are in sufficient supply, are in working condition, and are readily available for use. Contrary to the above, from August 14, 2015- August 22, 201 5, NextEra Energy Seabrook, LLC did not ensure that all firearms necessary to implement the site security plans and protective strategy were in working condition. Specifically, foreign material had been introduced into the barrel of a rifle staged at a security post that was established to implement the site protective strategy. Because of the foreign material, the rifle could not have been ensured to fire properly. APPARENT VIOLATION BEING CONSIDERED FOR ESCALATED ENFORCEMENT 10 CFR 50.5(a)(1) states, in part, that any employee of a licensee may not engage in deliberate misconduct that causes a licensee to be in violation of any regulation issued by the Commission. 10 CFR 73.55(k)(2) requires licensees to ensure that all firearms, ammunition, and equipment necessary to implement the site security plans and protective strategy are in sufficient supply, are in working condition, and are readily available for use. Contrary to the above, on August 14, 2015, while employed by NextEra Energy Seabrook, LLC (NextEra) as a security officer at Seabrook Station, you engaged in deliberate misconduct that caused NextEra to be in violation of an NRC regulation. Specifically, you placed foreign material into the barrel of a rifle that had been staged at a security post. Because of the foreign material, the rifle could not have been ensured to fire properly. As a result, NextEra did not ensure that all firearms necessary to implement the site security plans and protective strategy were in working condition. |
| Site: | Seabrook  |
|---|---|
| Report | IR 05000443/2016010 Section 3S01 |
| Date counted | Sep 30, 2016 (2016Q3) |
| Type: | TEV: Severity level III |
| cornerstone | Physical Protection |
| Identified by: | NRC identified |
| Inspection Procedure: | IP 71130.01 |
| Inspectors (proximate) | M Scott |
| Violation of: | 10 CFR 73, PHYSICAL PROTECTION OF PLANTS AND MATERIALS |
| INPO aspect | |
| ' | |
Finding - Seabrook - IR 05000443/2016010 | |||||||||||||||||||||||||||||||||||||||||||||||
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Finding List (Seabrook) @ 2016Q3
Self-Identified List (Seabrook)
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