ML20203F286
| ML20203F286 | |
| Person / Time | |
|---|---|
| Site: | Pilgrim |
| Issue date: | 10/24/1997 |
| From: | Miller H NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I) |
| To: | Foley D AFFILIATION NOT ASSIGNED |
| References | |
| IA-97-082, IA-97-82, NUDOCS 9712170331 | |
| Download: ML20203F286 (3) | |
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UNITED STATES ~
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NUCLEAR REGULATORY COMMISSION :
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' REGloN I 476 ALLENDALE ROAD KING oF PRUsWA. PENNSYLVANIA 19406 1415
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' October 24, 1997-lA 97-82 Mr. Douglas Foley 1
[HOME ADDRESS DELETED
' UNDER 10 CFR 2.790]-
SUBJECT:
NRC OFFICE OF INVESTIGATION REPORT NO. 1 95-032S
Dear Mr. Foley:
This is in reference to an investigation by the NRC Office of Investigations which identified two material receipt records you prepared that were not complete and accurate in all material
-respects.
it appears that in 1994 you prepared a Material Receipt inspection Record addressing your inspection of 20 safety related 120 vde batteries that would indicate to the reader that you had physically inspected each of these batteries. Rather, it appears that you only inspected l
one battery and relied on the packaging information for the other 19 batteries, it was later l
identified that there were defects with some of these batteries. In response to this incident you stated that the instructions did not direct you to open the battery cartons, in 1995 you initialed a Material Receipt inspection Record indicating that you had inspected two swagelock fittings (which could have been used in safety-related applications) including dimensional checks with calipers. However, the fittings were in plastic bags hermetically sealed. Again you apparently did not open the container. It is not clear how you could have measured the dimensions with precision through the plastic. In response to this incident you stated that you had put the fittings on hold because another test could not be done. How
.r, in light of your sign off, there was not a reasonable expectation that the dimensions would again be checked.
NRC has carefully considered both of these matters. These incidents demonstrated inadequate quality assurance performance and resulted in incomplete and inaccurate records. NRC and its licensees must be able to rely on quality assurance workers to properly perform their duties and maintain accurate and complete records. Your performance in these incidents is of concern to the NRC whether you did them intentionally or with inadvertence.
After consideration of the circumstances surrounding these incidents, the time that has past, and the fact that you are not currently engaged in licensed activities, NRC is not initiating formal enforcement action against you.
You are on notice that 10 CFR 50.5, Rule on Deliberate Misconduct, provides for civil action
- against employees of licensees who knowingly provide incomplete or inaccurate information to either the NRC or a licensee or deliberately cause licensees to be in violation of NRC requirements.: Civil action can include issuing orders to remcve individuals from licensed activities.- You should also be aware that willful violations and the submittal of false
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information may result in criminal prosecution.
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r 9712170331 971024 H.IH.H..il.l,II.
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4 Mr. Dougies Foley 2
-Should hou be involved in nuclear' activi !ss in the future, we expect that you will properly.
carry out your rceponsibilities in accordance with requirements of the Commission and assure
- that records you prepare are complete and accurate. ; Failure to meet the Commission's'-
requirements in the future may result in enforcement action against you.
You are not required to respond to this letter. However, if you choose to provide a response,.
please provide it to me within 30 days of the date of this letter at U.S. Nuclear Regulatory Commission, Region I,475 Allendale Road, King of Prussia, PA 19406.
In accordance with Section 2.790 of the NRC's " Rules of Practice," Part 2, Title 10, Code of.
Federal Regulations, records or documents compiled for enforcement purposes are placed in the NRC Public Document Room (PDR).' A copy of this letter with your address removed, and your response, if jou choose to submit one, will be placed in the PDR 45 days after the date of this letter (unless you provide sufficient basis to withdraw this letter). At that time, a copy '
also will be provided to Boston Edison Company.
If you have any questions concerning this letter, please contact Mr. Lieberman at (301) 415-2741.
L Sincerely, 1
A Hubert Miller Regional Administrator f
Enclosure:
Deliberate Misconduct Rule cc w/ encl:'
T. Boulette, BECn Commonwealth of Massachusetts
' Hold for 45 days and verify through the Director, Office of Enforcement, for placement in the
.PDR.
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ENCLOSURE So,7(e) 50,Cd)
PART 50 e DOMESTIC UCENSING OF PRODUCTION AND UTILIZATION FACILITIES (d) Delivery of communications. -
l 90.8 Deutperate misconduct.
100.7 "%x proteoclon.
Written communicatione may be (a) Any licensee or any employee of a (a) Diecrimination by a Commluton dehvered to the Document Control Desk licensee; and any contractor (including a lleensw an applicant for a Ccmmluton timnw. ce a contractor or subcontractor
% at 11655'Rockville Pike. Rockville-supplier or consultant) subcontractor, or of a Commluion licensee or applicant G Maryland between the hours of a:15 a.m.
any employee of a contractor or against an emp yee for engaging n g ahd 4M.m. fistern Time,!!
- subcontractor, of any lleensee, who 4"a'A, dMda, J'e"$
W,a',a?/3,:"rJ',o-'"-
$"fyyyj#arJ'?
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l'ederal u orking da) leecomes the components, equipment, meterials, or com ution, terms, conditions, or official due date.'
Other goods or services, that relate to a priv egos of employment.The protected licensee's activities subject to this part; activiues are established in secuon 211 (e) Regulation governing submission-may not; of the Energy Reorganisauon Act of LJcensees and applicants submitting (1) Engage in deliberate misconduct 1974, as amended, and in geneml are F*I*t*d to the administration or
,. correspondence, reports, and other that causes or, but for detection, would ufwcoment of a mquimment imposed
$ written communications pursuant to the have caused, a licensees to be in under the Atomic Energy Act or the n regulations of this part are requested but violation of any rule, regulation, or I"
f not required to cite whenever practical
- order, or any term, condition, or (1
Ee acuNiesinclude
( in the upper right corner of the first page limitation of any license, issued by the but are not limited to:
of the submittel, the specific regulation Commission, or 8 (1) providi the Commission or his or or other basis, requiring submission.
(2) Deliberately submit to the NRC, a y heremploye nfonnation about alleged licensee, or a licensee's contractor or a violations of either of the statutes f subcontractor,informadon that the
' named in paragraph (ellotroductory E person submitting the information S text of the secuan or possible violatfor,s knows to be incomplete or inaccurate in of requirements imposed under either of (f) Conflicting requirements. The those statutes:
communications requirements contained some respect material to the NRC.
ii) Re sing to enga na rectice in this section and il 50.12, 50.30,50.36, (b) A person who violates paragraph de 50.3tu, 50.44, 50.49, 50,54, 50.55, 50.55a, (a)(1) or (a)(2) of this section may be statutes named in paregra h (a) 50.59, 50,62, 50.71, 50.73, 50.82, 50.90, a nd subject to enforcement action in introductory text or under these
= 50.91 supesede and replace all existing accordance with the procedures in to requirementsif the einployee has l
@ requirements in any license conditions CFR part 2, subpart II.
identified the alleged illeEality to tha t
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- or technical specifications in effect on (c) For purposes of paragraph (a)(1) of employer; E snuary 5,1987. Exceptions to these this section, deliberate misconduct by a (iii) Requesdng the Commission to e il lequirements must be approved by the person means an intentional act or em loyer for the administration or institute action against his or her r
omission that the person knows:
13 ranch, Nuclear Regulatot.
(1) Would cause a licensee to be in
'"gggent of dj,wo Information and Records k' sgement i
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Commission, Washington,w b,3 violation of any rule, regulation, or procuding fore Congrus, or at my Telephone (301) 415J23a order, or any term. condition, or Federal or state proceeding regarding limitation, of any license issued by the any provtsion (or proposed provision) of Commission, or either of the statutes named in (2) Constitutes a violation of a paragraph (a) introductory text.
(v) Assisting or partic.ipating in, or is requirement, procedure, instruction.
about to assist or participate in, these contract, purchase order or pohey of a activities, licensee, contractor, or subcontractor.
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l 50-6a July 31,1996 (reset)
(nm page a som
0 Mr. Douglas Foley NISTRIBUTlqN W!O Encl and W/Home Address Removed:
- Hold for 45 days and verify through the Director, Office of Enforcement, for placement in the PDR fPUBLIC SECY
</CA LCallan, EDO AThadani, DEDE JLieberman, OE HMiller, RI FDavis, OGC SCollins, NRR RZimmerman, NRR Enforcement Coordinators RI, Rll, Rill, RIV UDeecher, GPA/PA GCaputo, 01 DBangart, OSP HBell, OlG TMartin, AEOD DScrenci, PAO RI NSheehan, PAO RI OE:Chron OE:lA stDCS d'NUDOCS
.hNuclear Safety information Center (NSIC) hk