ML20137A625

Forwards IE Info Notice 85-097 Re Jail Term for Former Contractor Employee Involved in Intentionally Falsifying Welding Insp Records.No Action or Response Required

ML20137A625
Person / Time
Site:	07001201
Issue date:	01/08/1986
From:	Barr K NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
To:	Alto R BABCOCK & WILCOX CO.
References
IEIN-85-097, IEIN-85-97, NUDOCS 8601140429
Download: ML20137A625 (1)

Text

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JAN 081986 l 2

Babcock and Wilcox Company vATTN: Mr. R. A. Alto, Manager f Virginia Operations, Utility i Power Generation Division Commercial Nuclear Fuel Plant P. O. Box 11646 1 Lynchburg, VA 24506-1646 l Gentlemen: I

SUBJECT:

IE INFORMATION NOTICE NO. 85-97: JAIL TERM FOR FORMER CONTRACTOR EMPLOYEE WHO INTENTIONALLY FALSIFIED WELDING INSPECTION RECORDS  !

Enclosed is a copy of IE Information Notice No. 85-97: Jail Term for Former f

Contractor Employee Who Intentionally Falsified Welding Inspection Records. This t notice is provided to inform you of an event where an individual intentionally l i

falsified records. You may wish to remind your own and Contractor employees of {

l this event. As stated in the notice, this information is provided for i information purposes only and no specific action or written response is required.  !

Sincerely,

I i

Kenneth P. Barr, Chief  !

Nuclear Materials Safety and l Safeguards Branch ,

Division of Radiation Safety I and Safeguards  !

Enclosure:

IE Information Notice No. 85-97  ;

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SSINS No.: 6835

. ZN 85-97 1

UNITED STATES NUCLEAR RE3ULATORY COMMISSION OFFICE OF INSPECTION AND ENFORCEMENT WASHINGTON, D.C. 20555 December 26, 1985 IE INFORMATION NOTICE NO. 85-97: JAIL TERM FOR FORMER CONTRACTOR EMPLOYEE WHO INTENTIONALLY FALSIFIED WELDING INSPECTION RECORDS Addressees:

All nuclear power reactor facilities holding an operating license (OL) or a construction permit (CP).

Purpose:

This information notice is to inform licensees, contractors and their employees of the criminal prosecution by the U.S. Department of Justice of a contractor '

QC inspector employed at the Seabrook Nuclear Power Station, and a resultant ,

jail sentence. The individual intentionally falsified records of liquid penetrant and magnetic particle testing of welding joints in piping, pipe braces and structural steel. _ The NRC suggests that recipients review and provide widespread i dissemination of this notice to employees and contractors' employees involved in ,

safety-related activities, especially those employees involved in making and keeping records. The NRC further suggests that recipients remind their own and contractor employees that not only are licensees subject to civil enforcement action for violations of NRC requirements, but' individuals who intentionally violate these requirements are also subject to criminal prosecution. The suggestions for dissemination of this notice do not constitute NRC requirements; therefore, no specific action or written response is required.

Description of Circumstances:

In March 1983, management of Pullman Higgins (P-H), principal contractor for construction of the Seabrook Nuclear Power Station, identified deficiencies in l a QC inspection report of liquid penetrant and magnetic particle testing. Rather than assuming the deficiency to be an isolated occurrence, P-H investigated other reports prepared by the individual and found similar deficiencies. As a result, the individual's employment was terminated in April 1983.

Subsequently, during an investigation conducted by the NRC's Office of Investigation (OI), the individual, after initial denial, admitted falsifying the inspection reports in that he documented work as being complete and accept-able when, in fact, he had not performed the inspection of the work. Further, the individual also admitted that he had lied on his job application and resume regarding his formal education and previous NDE certification. The case was Me.

ZN 85-97 Page 2 of 2

December 26, 1985 referred to the Department of Justice and on September 30, 1985, the U.S.

Attorney in New Hampshire announced that the individual was sentenced to six months imprisonment and three years probation following his guilty plea to two counts of an indictment charging, under 18 U.S.C. $1001, that he filed false  ;

statements on documents required by the NRC to be maintained.

Discussion: i Licensees have the responsibility to. ensure the safe construction and operation of nuclear power generating facilities to ensure quality in all licensed activities. In so doing, licensees must not only use trained individuals, maintain accurate records, and provide adequate procedures, but must also exercise supervision over their employees and their contractor employees to assure adherence to procedures and NRC requirements. While violations of NRC requirements caused by inattention to detail or human error are unacceptable to the NRC and may result in civil enforcement action, they do not subject individuals to criminal prosecution. However, violations caused by intentional acts may subject corporations, the individual wrongdoer, and others who knew and condoned his acts to criminal prosecution. As evidenced by this reported case, the criminal sanctions available may include a jail sentence.

No specific action or written response is required by this information notice.

If you have any questions about this matter, please contact the Regional Administrator of the appropriate regional office or this office.

~

Edward L. Jdrdan, Director Division of Emergency Preparedness and Engineering Response Office of Inspection and Enforcement Technical

Contact:

Steve Burns, ELD 492-7268

Attachment:

List of Recently issued Information Notices m

. Attachment 1 l TN 85-97

- December 26, 1985 LIST OF RECENTLY ISSUED IE INFORMATION NOTICES Information Date of Notice No. Subject Issue Issued to 85-96 Temporary Strainers Left 12/23/85 All power reactor Installed In Pump Suction facilities holding Piping an OL or CP 85-95 Leak Of Reactor Water To 12/23/85 All BWR facilities Reactor Building Caused By holding an OL or CP Scram Solenoid Valve Problem 85-94 Potential For Loss Of Minimum 12/13/85 All power reactor Flow Paths Leading To ECCS facilities holding Pump Damage During A LOCA an OL or CP 85-93 Westinghouse Type DS C'rcuit 12/6/85 All power reactor Breakers, Potential Failue Of facilities holding Electric Closing Feature an OL or CP Because Of Broken Spring Rc' ease Latch Lever i 85-92 Surveys Of Wastes Before 12/2/85 All production and Disposai From Nuc'. ear Reactor - utilization facilities, Facilities power reactors, research and test reactors holding an

, OL or CP 85-91 Load Sequencers For Emergency 11/27/85 All power reactor Diesel Generators facilities holding OL or CP

85-58 Failue Of A General Electric 11/19/85 All power reactor

, Sup. 1 Type AK-2-25 Reactor Trip facilities designed l Breaker by B&W and CE holding i an OL or CP 85-90 Use Of Sealing Compounds In 11/19/85 All power reactor An Operating System facilities holding an OL or CP i

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OL = Operating License CP = Construction Permit

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