ML20056A401
| ML20056A401 | |
| Person / Time | |
|---|---|
| Site: | Quad Cities, 05505043  |
| Issue date: | 07/30/1990 |
| From: | Holler E, Lefstein S DICKHERBER, R.L., NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#390-10679, CON-#390-10680 90-609-02-OM, 90-609-2-OM, 90-610-01-SC, 90-610-1-SC, EA-90-031, EA-90-032, EA-90-31, EA-90-32, OM, SC, NUDOCS 9008070232 | |
| Download: ML20056A401 (11) | |
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v,og,gb JUL 3 019i10 000KEiED =1 UNITED STATES OF AMERICA um NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOAR '
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In the Matter of . ) Docket No. 55 5043 SC ; %'
)
ROBERT L. DICKHERBER )
) License No. SOP-2365 8 (Order Suspending License; Order )
To Show Cause Why License -) l Should Not Be Revoked ') 1 EA 90-031) ) ASLBP No 90-610-01 SC In the Matter of ) Docket Nos. 50254-OM i
) 50-265 OM COMMONWEALTH EDISON ) .
COMPANY ) License Nos. DPR 29 I (Quad Cities Nuclear Power ) DPR-30 Station) )
(Order Modifying License ) ASLBP No. 90-609-02-OM EA 90-032) )
JOINT MOTION OF NRC STAFF AND MR. ROBERT L DICKHERBER FOR APPROVAL OF SETTIFMENT AGREEMENT Pursuant to 10 C.F.R. 5 2.203, the NRC Staff and Mr. Robert L Dickherberjointly move the Atomic Safety and Licensing Board to approve the Settlement Agreement that has been agreed to by the parties and a copy of which is attached to this motion. The ,
' 1 original of the Settlement Agreement is circulating among the parties and Commonwealth Edison Co. for signature and will be forwarded separately to the Board. The parties believe that termination of this proceeding on the basis of the Settlement Agreement is in the public interest. A proposed Order is attached. The parties have consulted with !
counsel for Commonwealth Edison and Commonwealth Edison does not oppose this motion.
9008070232 900730 I PDR ADOCK 05000254 j G PDR j
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MOTION-1 In accordance with 6 2.203, the parties request that the Board approve the attached l Settlement Agreement and, upon receipt 'of the signed original thereof, enter an order which incorporates the Settlement Agreement by reference, and terminate this proceeding.
Respectfully submitted, Et' & R. L =4%. gg Stuart R. Lefstein, Attorney for . ,
Robert L Dickherber Eug@e Holler j Counsel for NRC Staff l
Dated at Rockville, Maryland I this 30th day of July,1990 i
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' UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 4 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD i
-In the Matter of ) Docket No.- 55 5043 SC
)
ROBERT L DICKHERBER. )
) License No,' SOP 2365-8 (Order Suspending Ucense; Order )
To Show Cause Why License )
Should Not Be Revoked )
EA 90-031) ) ASLBP No. 90-610-01 SC '
In the Matter of ) Docket Nos. 50-254 OM
) 50-265 3M COMMONWEALTH EDISON )
COMPANY ) License Nos. DPR-29 (Ou'ad Cities Nuclear Power ) DPR-30 Station) - )
(Order Modifying License ) ASLBP No. 90 609-02-OM EA 90 032) )
SETD RMENT AGREEMENT l 1. Mr. Robert L Dickherber is the holder of Senior Operator License Limited To Fuel Handling No SOP 2365 8 issued by the Nuclear Regulatory Commission (NRC) pursuant to 10 C.F.R. Part 55 on March 12,1975, which was renewed last on March 12, 1989, and is due to expire on March 12, 1995. Commonwealth Edison Co. is the holder of Operating License Nos. DPR-29 and DPR-30, for the Quad Cities Nuclear Power Station, Units 1 and 2, located in Rock Island County, Illinois, issued by the NRC.
l- pursuant to 10 C.F.R. Part 50 on October 1,1971 and April 6,1972, respectively, i
2.
On February 23,1990, the NRC staff (Staff) issued an Order Suspending.
i License and an Order to Show Cause Why License Should Not Be Revoked '(Show I Cause Order) to Mr. Dickherber, and an Order Modifying License to Commonwealth l
2-Edison Co., which added the condition that Mr. Dickherber shall not participate in any 10 C.F.R. Part 50 licensed activity under License Nos. DPR 29 and DPR 30 without prior written approval of the Regional Administrator, Region III, (55 Fed. Reg. 7797 98, March 5,1990). The enforcement orders resulted from an incident involving Mr. Dickherber -
that occurred during refueling operations at the Quad Cities Nuclear Power Station on October 17, 1989. The bases for issuance of the orders are set forth therein. <
- 3. The Staff's Order Suspending License, Show Cause Order, and Order Modifying :
License provided an opportunity for Mr. Dickherber, Commonwealth Edison, or any other person adversely affected by the orders, to submit an answer within 20 days of the date of the orders. On March 15, 1990, Mr. Dickherber requested an extension of time from the Staff to file an answer to the orders until April 13, 1990. The Staff agreed to Mr.
Dickherber's request and he subsequently timely filed an answer in response to the orders on April 13, 1990, and a supplemental answer on June 1,1990. On March 15, 1990, Commonwealth Edison responded that it would comply with the Order Modifying License and requested an opportunity to respond to any answers or other documents that might be filed by others regarding the order.
4.
On April 30, 1990, this Atomic Safety and Licensing Board (Board) was established to preside over the hearing requested by Mr. Dickherber in his answer to the Order Suspending License, Show Cause, and the Order Modifying License to Commonwealth Edison Co. By Memorandum and Order dated May 4,1990, and Memorandum and Order dated July 2,1990, the Board granted joint motions by the Staff and Mr. Dickherber to defer further action before the Board to allow the parties to explore resolution of this matter without resort to litigation. Commonwealth Edison had no objection to the deferrals.
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- 5. The Staff and Mr. Dickherber agree to the following settlement provisions:
A. Mr. Dickherber admits the ' allegations of fact set forth in the Staffs Order Suspending Ucense, Show Cause Order, and Order Modifying Ucense and Mr. Dickherber withdraws his request for a hearing as to these orders.
B.
The Staff has reviewed the information in Mr. Dickherber's ~l April 13,1990 Answer and his June 1,1990 Supplemental Answer-and in letters from Commonwealth Edison dated June 4,1990, and July 11, 1990, j regarding Mr. Dickherber's past performance and Commonwealth Edison's INDIVIDUAL PERFORMANCE MONITORING AND IMPROVEMENT 2 PLAN (Remediation Program) for Mr. Dickherber. The Staff met with '
Mr. Dickherber at an enforcement conference on July 13,1990. Based on these reviews and the conference, the Staff has concluded that the October 17,1989 incident appears to have been an isolated event, that Mr.
Dickherber has properly carried out the responsibilities of his license in the past, that he understands the gravity of his actions on October 17, 1989, that he is committed to avoid a repetition of such actions, and that he is i
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willing to participate in Commonwealth Edison's Remediation Program.
Accordingly, for these reasons, the Staff grants Mr. Dickherber's request i that Senior Operator Ucense Umited To Fuel Handling No. SOP 2365 8 not be revoked.
C.
The Staff has reviewed Commonwealth Edison's evaluations of Mr. Dickherber in its June 4,1990 and July 11, 1990 letters to the NRC Staff and Commonwealth Edison's Remediation Program for Mr. Dickherber
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4 forwarded by Commonwealth's July 11,1990 letter. The Staf . ncmdes that successful completion of the Remediation Program by Mr. Dickherber should 1
provide the requisite reasonable assurance for his resuming normal participation in 10 C.F.R. Part 50 licensed activities. The Remediation Program developed by Commonwealth Edison would require i Mr.-Dickherber's monitored participation in activities licensed under 10 C.F.R. Part 50. Mr. Dickherber agrees to participate in the Remediation Program. Accordingly, for this reason, the Regional Administrator, Region i III will relax as necessary the condition in Operating License Nos. DPR 29 and DPR 30 prohibiting Mr. Robert L. Dickherber from participating in any licensed activities under those licenses provided Mr. Dickherber participates in the Remediation Program described in Commonwealth Edison Company's July 11, 1990 letter to the Regional Administrator, Region III.
Commonwealth Edison agrees to notify the Regional Administrator, Region III promptly if Mr. Dickherber should cease. his ' participation in the Remediation Program.
D. Upon successful completion of the aforesaid Remediation Program, :
as certified by Commonwealth Edison, but no sooner than March 17, 1991, and upon a determination by the .NRC Staff that Mr. Dickherber has I successfully completed the Remediation Program and therefore has demonstrated the ability to conform his actions to all applicable rules, regulations, and orders of the Commission,. the Staff will withdraw its L~
February 23,1990 Order Suspending Senior Operator License Limited To Fuel Handling No. SOP 2365 8 and the Regional Administrator, Region III 1
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will terminate the condition in Operating License Nos. DPR 29 and DPR- '
30 prohibiting Mr. Robert L Dickherber from participating in any licensed actMties under those licenses.
- 4. Commonwealth Edison agrees to aforesaid conditions C. and D. insofar as -
those conditions affect Commonwealth Edison Co. and its activities under Operating !
-License Nos. DPR 29 and DPR 30. I
- 5. The Staff and Mr. Dickherber agree to file a joint motion with the Atomic ;
Safety and Licensing Board for an Order approving this Settlement Agreement and terminating this proceeding. Commonwealth Edison agrees not to oppose such a motion. ;
- 6. This Settlement Agreement shall become effective upon approval by the Board.
In the event the Board does not approve this Settlement Agreement, it shall be null and !
void.
FOR THE NRC STAFF ;
Eugene Holler ?
i FOR ROBERT L DICKHERBER Stuart R. lefstein 1 I
FOR THE COMMONWEALTH EDISON'CO. i Sheldon L Trubatch
?
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of ) Docket No. 55 5043 SC
)-
ROBERT L DICKHERBER ) ;
) License No. SOP 2365 8 -
(Order Suspending License; Order- )
To Show Cause Why License '
)
Should Not Be Revoked )
EA 90-031) ) ASLBP No.- 90-610-01 SC In the Matter of ) Docket Nos. 50-254-OM
) 50-265 OM COMMONWEALTH EDISON )
COMPANY ) License Nos. DPR-29 (Quad Cities Nuclear Power ) DPR 30 Station) ) !
(Order Modifying License ) ASLBP No. 90-609-02 OM EA 90-032) )
ORDER APPROVING SETTLEMENT AGREEMENT AND TERMINATING PROCEEDING On July 30,1990, the parties to this enforcement proceeding, the NRC Staff and Mr. Robert L Dickherber, filed with the Atomic Safety and Licensing Board (1) a copy of a Settlement Agreement that had been accepted by all parties, and, (2) a joint motion requesting the Board's approval of the Agreement and, upon receipt of the signed original thereof, the entry of an order terminating this proceeding, with a proposed Order. The Board has reviewed the Agreement under 10 C.F.R. f 2.203 to determine whether approval of the Agreement and consequent termination of this proceeding is in the public interest. Based upon its review, the Board believes that approval of the
Settlement Agreement and termination of this proceeding based thereon is in the public interest.
Accordingly, the Board approves the Settlement Agreement attached hereto and incorporates it by reference into this Order. Pursuant to il 81,161(b),161(c),161(1) and 161(o) of the Atomic Energy Act of 1954, as amended (42 U.S. C. El 2111 and 2201(b), (c), (i) and (o)) and 10 C.F.R. 5 2.203, the Board hereby terminates this proceeding on the basis of the Settlement Agreement.
THE ATOMIC SAFETY AND LICENSING BOARD Charles Bechhoefer, Chairman Administrative Judge Jerry R. Kline Administrative Judge Gustave A. Linenberger, Jr.
Administrative Judge Dated at Rockville, Maryland this day of , 1990
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UNITED STATES OF AMERICA l NUCLEAR REGULATORY COMMISSION Ij{d}gEU BEFORE THE ATOMIC SAFETY AND LICENSING BOARD l 30 JL 31 A11 :23 I In the Matter of ) Docket No. 55-5043-SC I
) OfTICE DT SECAElMY 1 ROBERT L. DICKHERBER DUCKE1ti
)
) License No. SOP-2365-8 ' ggyEf'VICfL (Order Suspending License; Order )
To Show Cause Why License ) l Should Not Be Revoked )
EA 90-031) ) ASLBP No. 90-610-01-SC In the Matter of ) Docket Nos. 50-254-OM
) 50-265-OM' COMMONWEALTH-EDISON COMPANY )
(Quad Cities Nuclear Power License Nos. DPR-29
)
Station) ) DPR-30
)
(Order Modifying License ) ASLBP No. 90-609-02-OM EA 90-032) )
CERTIFICATE OF SERVICE I hereby certify that copies of " JOINT MOTION OF NRC STAFF AND MR. ROBERT L. DICKHERBER FOR APPROVAL OF SETTLEMENT AGREEMENT" in the above captioned proceeding have been served on the following by deposit in the United States mail, first class, or as indicated by an asterisk through deposit in Nuclear Regulatory Commission's internal mail system, this 30th day of July, 1990:
Charles Bechhoefer, Chairman
- Dr. Jerry R. Kline*
! Administrative Judge Administrative Judge Atomic Safety and Licensing Board Atomic Safety and Licensing Board l U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission j Washington, D.C. 20555 Washington, D.C. 20555 Gustave A. Linenberger, Jr.* Office of the Secretary * .
Administrative Judge U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Washington, D.C. 20555 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Atomic Safety and Licensing Board Panel (1)*
Atomic Safety and Licensing Appeal U.S. Nuclear Regulatory Commission Board Panel (5) Washington, D.C. 20555 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 l
i i
L 2-Adjudicatory File
- Sheldon L. Trubatch Atomic Safety and Licensing Board Sidley & Austin _
U.S. Nuclear Regulatory Commission Attorneys for Commonwealth I Washington, D.C. 20555 Edison Co.
1722 I(eye) Street, N.W.
Stuart R. Lefstein, Esq. Washington, D.C. 20006 Katz, McAndrews, Balch, i Lefstein and Fieweger 1705 Second Avenue Suite 200 Rock Island, IL 61201 I
W Eugerf% Holler CounsM for NRC Staff a $ ? ^