ML20217J148

Notice of Violation from Investigation Conducted from 991028-980921.In Jan 1997,CH Tewksbury Engaged in Deliberate Misconduct That Caused Util to Be in Violation of 10CFR50.7

ML20217J148
Person / Time
Site:	Clinton
Issue date:	09/30/1999
From:	NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To:
Shared Package
ML20217J145	List: ML20217J142 ML20217J148
References
IA-99-045, NUDOCS 9910250023
Download: ML20217J148 (2)

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1 NOTICE OF VIOLATION l'USLIC COCUMt.NT ROCM Charles H. Tewksbury IA 99-045

_ [HOME ADDRESS DELETED 99 OCT -5 All :28 UNDER 10 CFR 2.790(a))

During NRC investigation conducted by the NRC Office of Investigations, from October 28,

- 1997, to September 21,1998, a violation of NRC requirements was identified. in accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions,"

NUREG-1600, 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, but for detection, would have caused, a licensee to be in violation of any rule or regulation issued by the Commission.

10 CFR 50.7 prohibits, in part, discrimination by a Commission licensee against an employee for engaging in certain protected activities. Discrimination includes discharge and other actions

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that relate to compensation, terms, conditions or privileges of employment. The protected activities are established in Section '211 of the Energy Reorganization Act of 1974, as amended, and in general are related to the administration or enforcement of a requirement imposed under the Atomic Energy Act or the Energy Reorganization ,Act. Protected activities include providing the Commission with information about potential vlotations pertaining to nuclear safety.

Contrary to the above, in January 1997, you engaged in deliberate misconduct that caused the ,

Illinois Power Company, an NRC licensee, to be in violation of 10 CFR 50.7, in that you discriminated against a Quality Verification (OV) Inspector for having engaged in protected activity. Specifically, you did not recommend the QV inspector for promotion to the position of lead QV inspector at least in part because she had previously provided information to the NRC.

(01013)

This is a Severity Level 111 violation (Supplement Vit).

Pursuant to the provisions of 10 CFR 2.201, you are hereby required to submit a written statement or explanation to the U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, DC 20555 with a copy to the Regional Administrator, Region 111,801 Warrenville Road, Lisle, IL 60532-4351, within 30 days of the date of the letter transmitting this Notice of Violation (Notice). This reply should be clearly marked as a " Reply to a Notice of l Violation" and should include for each violation: (1) the reason for the violation, or, if contested,

' the basis for disputing the violation or severity level, (2) the corrective steps that have been taken and the results achieved, (3) the corrective steps that will be taken to avoid further violations, and (4) the date when full compliance will be achieved. Your response may i reference or include previous docketed correspondence, if the correspondence adequately  ;

addresses the required response. If an adequate reply is not received within the time specified in this Notice, an Order or a Demand for information may be issued as to why such other action as may be proper should not be taken. Where good cause is shown, consideration will be given to extending the response time.

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' 2-t If.you contest tth 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 Commise'on, Washington, DC 20555-0001.

Because your response will be placed in the NRC Public Document Room '(PDR), to the extent possible, it should not inck,de any personal privacy, proprietary, or safeguards information so that it can be placed in the PPR without redaction. If personal privacy or proprietary information is necessary to provide an acce.ptable response, then please provide a bracketed copy of your response that identifies the inforration that should be protected and a redacted copy of your L response that deletes such informahn. If you request withholding of such material, you must specifically identify the portions of yoc' response that you seek to have withheld and provide in detail the bases for your claim of withhoMing (e.g., explain why the disclosure of information will create an unwarranted invasion of persond privacy or provide the information required by 10

. CFR 2.790(b) to support a request for withhdding ( ~1fidential commercial or financial information). If safeguards information is necessary to provide an acceptable response, please

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provide the level of protection described in 10 CFR 73.21.

Dated this 30th day of September 1999 I

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