ML20126B775

Forwards OI Synopsis of Investigation by NRC Responding to 910802 Util Ltr on 910724 Compromise of Reactor Operator Requalification Exam Scheduled to Be Administered 910805

ML20126B775
Person / Time
Site:	Fermi
Issue date:	12/16/1992
From:	Davis A NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To:	Reece G AFFILIATION NOT ASSIGNED
Shared Package
ML20126B675	List: ML20126B672 ML20126B727 ML20126B775
References
EA-92-115, NUDOCS 9212220205
Download: ML20126B775 (2)

Text

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%,******# December 16, 1992 EA 92-115 Mr. G. Reece 158 Arbor Avenue Monroe, Michigan 48161

SUBJECT:

NRC INVESTIGATION REPORT NUMBER 3-91-010 ,

This letter is in reference to an invcat3gation conducted by the NRC Office of Investigations (OI) in response to an August 2, 1991 letter from the Detroit Edison Company (DECO) concerning the possible compromise, on July 24, 1991, of a reactor operator requalification examination scheduled to be administered by the NRC on August 5, 1991. A copy of the synopsis of the OI investigation report is enclosed (Enclosure 1).

The OI investigation concluded that you, in your position as a lead training instructor, knew the contents of the examination and deliberately compromised the examination by directing another instructor, who unlike yourself had not signed an examination security form, to focus simulator practice sessions on certain procedures which were to be tested on August 5, 1991. The compromise of the examination was discovered by DECO before any of the examination candidates prematurely learned of the contents. However, your actions had already caused DECO to violate the requirements of 10 CFR 55.49. A copy of the letter N the NRC sent to Deco about this matter is also enclosed (Enclosure 2).

The NRC recognizes that DECO terminated your employment at Fermi because of your actions in this matter. Therefore, the NRC is not taking further action against you. However, you should be aware that in August 1991 the NRC published in the Federal Register (56 FR 40664) a revision to its regulations which, in part, allows the issuance of orders and civil penalties to unlicensed persons who through deliberate misconduct caused, or but for detection, would have caused a licensee to be in violation of NRC requirements. While the events at issue here occurred prior to that change and are not subject to those provisions, any future similar acts you might commit while performing NRC licensed activities would violate 10 CFR 50.5 (Enclosure 3) and may be subject to one of the actions discussed above. You are not required to respond to this letter. If you desire to respond, please provide the response to this office within 30 days of the date of this letter.

9212220205 921216 gDR ADOCK 05000341 PDR w .

i G.-Reece December 16, 1992 In accordance with 10 CFR 2.790 of the NRC's " Rules of Practice,"

a copy of this letter and its enclosures will be placed in the NRC Public Document Room.

Sincerely, M

A. Bert Davis Regional Administrator

Enclosures:

1. OI Investigation Report Number 3-91-010 Synepcis

2. NRC Letter forwarding Notice of Violation to DECO

3. 10 CFR 50.5, " Deliberate Misconduct" k

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