ML20196A296

Discusses Investigation Rept 3-98-005 Conducted on 990129 Re Circumstances Surrounding Apparent Falsification of Training Records for Individuals Assigned Positions in Emergency Response Organization & Forwards NOV & Synopsis

ML20196A296
Person / Time
Site:	Perry
Issue date:	05/10/1999
From:	Dyer J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To:	Wierman K AFFILIATION NOT ASSIGNED
Shared Package
ML20196A302	List: ML20196A296 ML20196A313
References
IA-99-021, IA-99-21, NUDOCS 9906220187
Download: ML20196A296 (3)

Text

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C g urug UNITED STATES 8'

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- NUCLEAR REGULATORY COMMISSION {

REGION til

$ $. 801 WARRENVILLE ROAD

• LISLE. ILLINOIS 60532-4351

! May 10, 1999

- lA 99-021 Mr. Kenneth Wierman (Home Address Deleted Under 10 CFR 2.790(a)) -

SUBJECT:

NOTICE OF VIOLATION (NRC OFFICE OF INVESTIGATIONS REPORT NO. 3-98-005)

Dear Mr. Wierman:

This ' refers to an investigation conducted by the U.S. Nuclear Regulatory Commission (NRC),

Office of Investigations (01), into the circumstances surrounding the apparent falsification of training records for individuals assigned positions in the emergency response organization (ERO) for FirstEnergy's Perry Nuclear Power Plant. Information received by the NRC and FirstEnergy indicated that you were previously employed as an emergency preparedness (EP)  !

instructor by FirstEnergy at the Perry Plant and you may have falsified training course '

completion records and lesson plan cover sheets for training associated with the EP Plan for the Perry Plant. A copy of the 01 report synopsis is enclosed.

Based on the information developed during the 01 and FirstEne 9v investigations, the NRC has determined that a violation of NRC requirements occurred. Tiv ,,nlation is cited in the enclosed Notice of Violation. In sumrnary, you were required to imin several employees prior to their assignment to an ERO offsite radiation monitoring team. However, you did not provide that training and deliberately falsified documents to show that the training was given on January 14,1997. Your actions placed FirstEnergy in violation of 10 CFR 50.9, " Incomplete and inaccurate Information," and yourself in violation of 10 CFR 50.5, " Deliberate Misconduct."

Your deliberate falsification of. training records is not acceptable and constitutes a serious '

violation of NRC requirements. Not only did you falsify the course completion documents, but <

you also falsely prepared examination answer sheets, graded those answer sheets, and prepared documents indicating the students' comments about the course. To emphasize the  !

seriousness of your actions, the violation has been categorized in accordance with the " General i

' Statement of Policy and Procedure for NRC Enforcement Actions" (Enforcement Policy),

NUREG-1600, at Severity Level 111. A copy of the Enforcement Policy is also enclosed.

The NRC staff considered issuing an Order prohibiting your involvement in licensed activities as a result of your falsification of the training records. However, the NRC has decided to issue the enclosed Notice of Violation after considering the circumstances of this case, including the facts that: (1) FirstEnergy took action regarding your wrongdoing, including removing your unescorted access privileges at the Perry Plant; (2) you no longer are employed by FirstEnergy; and (3) the individuals for whom you fabricated training records had previously received other relevant training, and were not in fact placed on the ERO call-out list. However, you should be aware that any similar future violation on your part may result in a more significant enforcement action.

9906220187 990510 PDR ADOCK 05000440 0 PDR

a p K. Werman Please feel free to contact Mr. Gary L. Shear, Chief, Plant Support Branch, if you have any questions. Mr, Shear can be contacted at toll free telephone number 1-800-522-3025 or (630) 829-9500.

You are required to respond to this letter and should follow the instructions specified in the enclosed Notice when preparing your response. The NRC will use your response, in part, to determine whether further enforcement action is necessary to ensure compliance with regulatory requirements.

in accordance with 10 CFR 2.790 of the NRC's " Rules of Practice," a copy of this letter, its enclosures, and your response will be placed in the NRC Public Document Room (PDR). To the extent possible, your response should not include any personal privacy, proprietary, or safeguards information so that it can be placed in the PDR without redaction.

Sincerely, mes E. Dyer Regional Administrator Docket Nos. 50-440 License Nos. NPF-58 q

Enclosures:

1. Notice of Violation

2. 01 Synopsis  ;

3. Letterto FirstEnergy

)

4. NRC Enforcement Policy CERTIFIED MAIL RETURN RECEIPT REQUESTED 1

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s K. Wierman - NOTE: THIS IS AN INDIVIDUAL ENFORCEMENT ACTION AND IS NOT FOR BELEASE UNTIL 45 DAYS AFTER THE DATE OF THIS LETTER DISTRIBUTION p l$h' " T Q CA WTravers, EDO MKnapp, DEDE -

DDambly, OGC SCollins, NRR MBanerjee, NRR Enforcement Coordinators

~ Rl, Rll and RIV Resident inspector, Perry JGilliland, OPA HBell, OlG GCaputo, Of RPaul, OI: Rill OE:ES OE:EA (2)

RAO: Rill SLO: Rill -

PAO: Rill OAC:Rlli OCFO/LFARB w/o encl.

DRP.

Docket File i

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