ML17191A874
| ML17191A874 | |
| Person / Time | |
|---|---|
| Site: | Dresden  |
| Issue date: | 09/18/1998 |
| From: | Travers W NRC (Affiliation Not Assigned) |
| To: | Milas D AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML17191A873 | List: |
| References | |
| IA-98-047, IA-98-47, NUDOCS 9809220323 | |
| Download: ML17191A874 (8) | |
Text
In the Matter of MR. DAVID MILAS UNITED STATES NUCLEAR REGULATORY COMMISSION
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ORDER PROHIBITING INVOLVEMENT IN NRC-LICENSED ACTIVITIES IA 98-047 Mr. David Milas (Mr. Milas) was formerly employed by the Commonwealth Edison Company (ComEd or Licensee) at the Dresden Nuclear Station (Dresden or facility) and was an applicant for a reactor operator's (RO) license at that facility. ComEd is the holder of License Nos. DPR-19 and DPR-25 issued by the Nuclear Regulatory Commission (NRC or Commission) pursuant to 1 O CFR Part 50. These licenses authorize Com Ed to operate Dresden Units 2 and 3 in accordance with the conditions specified therein.
II On July 1, 1996, officials at Dresden notified the Commission that the NRC examination for reactor op~rator licenses, due to be administered at Dresden on July 8, 1996, appeared to have been compromised, as portions of that examination had been fouri~ in a copy machine. The NRC Office of Investigations (01) immediately began an investigation into this matter. The 01 investigation indicated that the NRC examination was compromised and originally identified only one individual that was involved, an applicant for an NRC senior reactor operator's (SRO) licensee. Upon further investigation, 01 also identified Mr. Milas, an applicant for an NRC RO license, as being directly involved with the compromise of the NRC examination.
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2 The 01 investigation found that on June 29, 1996, Mr. Milas and the SRO license applicant were
- studying for their respective examinations in the Dresden Training Building. During that day, they entered the unlocked office of the Dresden licensing instructors to look for written evaluations that their instructors had made of them. According to both individuals, instructors had previously informed their class that study materials could be found in the instructors' office, and the instructors had indicated where the keys could be found for locked cabinets and desks In their office. The two individuals obtained the necessary keys in the instructors' office, unlocked desks and cabinets, and found the NRC operator licensing examination. The SRO applicant photocopied the NRC examination, while Mr. Milas posted himself at a window to watch for anyone entering the training building.
01 also determined that Mr. Milas returned to the same photocopy machine on June 30, 1996, and made another copy of the examination from the copy he had obtained on June 29, 1996.
The 01 investigators coordinated the results of their investigation with the U.S. Attorney, Chicago, Illinois, and Mr. Milas was subsequently prosecuted for compromising the NRC examination. On May. 14, 1998, Mr. Milas pleaded guilty in the United States District Court for the ~orthern District of Illinois to a criminal charge involving the compromise of a written examination for NRC reactor operators' licenses. As a part of his guilty plea, Mr. Milas agreed to never reapply for a position as a reactor operator at any facility under the jurisdiction, administration, or control of the NRC.
Ill The NRC must be able to rely on a facility lice.nsee and its employees to comply with all NRC rules and regulations. Based on the 01 investigation and the criminal conviction, the NRC has
3 concluded that Mr. Milas violated the NRC's rules prohibiting deliberate misconduct at nuclear power facilities and the compromise of the integrity of NRC examinations. Specifically, 10 CFR 50.5(a)(1), "Deliberate Misconduct," prohibits any employee of an NRC licensee (ComEd) from engaging 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. Additionally, 10 CFR 55.49, "Integrity of Examinations and Tests," provides in part that applicants for NRC RO and SRO licenses and facility licensees (Com Ed) shall not engage in any actMty that compromises the integrity of any test or examination required by 1 O CFR Part 55, "Operator's Licenses." The NRC has concluded that Mr. Milas' actions constituted deliberate misconduct and also constituted a deliberate violation of 10 CFR 55.49. Mr. Milas' deliberate actions have raised
- serious doubt as to whether he can be relied upon to comply with NRC requirements and to refrain from deliberately violating NRC rules and regulations.
Consequently, I lack the requisite reasonable assurance that licensed activities can be conducted in compliance with the Commission's requirements and that the health and safety of the public will be protected if Mr. Milas were permitted at this time to be involved in NRC-licensed activities.
Therefore, the public health, safety, and interest require.that Mr. Milas be prohibited from any involvement in NRC-licensed activities for a period of five years from the effective date of this Order. If Mr. Milas is involved with another licensee in NRC-licensed activities on the effective date of this Order, he must immediately cease such activities, and inform the NRC of the name, address and telephone number of the employer, and provide a copy of this Order to the employer.
Additionally, Mr. Milas is required to notify the NRC of his first employment in NRC-licensed activities in the five years following the prohibition period.
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4 IV Accordingly, pursuant to sections 57, 63, 81, 161b, 161i, 1610, 182 and 186 of the Atomic Energy Act of 1954, as amended, and the Commission's regulations in 1 O CFR 2.202, 1 O CFR 50.5, and 10 CFR 150.20, IT IS HEREBY ORDERED THAT:
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David Milas is prohibited for five years from the effective date of this Order from engaging in NRC-licensed aCtivities. NRC-licensed activities are those activities that are conducted pursuant to a specific or general license issued by the NRC, including, but not limited to,
- those activities of Agreemen.t State licensees conducted pursuant to the authority granted by 10 CFR 150.20.
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If Mr. Milas is involved with another licensee in NRC-licensed activities on the.effective date of this Order, he must immediately cease such activities, and inform the NRC of the name, address and telephone number of the employer, and provide a copy of this Order to the employer.
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For a period of five years after the five-year period of prohibition has expired, Mr. Milas shall, within 20 days of his acceptance of each employment offer invoMng NRC-licensed activities or his becoming involved in NRC-licensed activities, as de~ined in Paragraph IV.1 above, provide notice to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555, of the name, address, and telephone number of the employer or the entity where he is, or will be, involved in the NRC-licensed
5 activities. In the first notification, Mr. Milas shall include a statement of his commitment to compliance with regulatory requirements and the basis why the Commission should have confidence that he will now coniply with applicable NRC requirements.
- The Director, Office of Enforcement, may, in writing, relax or rescind any of the above conditions upon demonstration by Mr. Milas of good cause.
v In accordance with 1 O CFR 2.202, David Milas must, and any other person adversely affected by this Order may, submit an answer to this Order, and may request a hearing on this Order, within.
20 days of the date of this Order. Where good cause is shown, consideration will be given to extending the time to request a hearing. A request for extension of time must be made in writing to the Director, Office of Enforcement, U.S. Nuclear Regulatory. Commission Washington, D.C. 20555, and include a statement of good cause for the extension. The answer may consent to this Order. Unless the answer consents to this Order, the answer shall, in writing and under oath or affirmation, specifically admit or deny each allegation or charge made in this Ord~r and shall set forth the matters of fact and law on which Mr. Milas or other person adversely affected relies and the reasons as to why the Order should not have been issued. Any answer or request for a hearing shall be submitted to the Secretary,.U.S. Nuclear Regulatory Commission, ATTN: Chief, Rulemaking and Adjudications, Washington, D.C. 20555. Copies also shall be sent to the
. Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555, to the Deputy Assistant General Counsel for Enforcement at the same address, to the Regional Administrator, NRC Region Ill, 801 Warrenville Road, Lisle, IL 60532-435.1, and to Mr. Milas, if the answer or hearing request is by a person other than Mr. Milas. If a person other than Mr. Milas
6 requests a hearing, that person shall set forth with particularity the manner in which his interest is adversely affected by this Order and shall address the criteria set forth in 10 CFR 2.714(d).
If a hearing is requested by Mr.* Milas or a person whose interest is adversely affected, the Commission will issue an Order desigl')ating the time and place of any hearing. If a hearing is held, the issue to bE! considered at such hearing shall be whether this Order should be sustained.
In the absence of any request for hearing, or written approval of an extension of time in which to request a hearing, the provisions specified in Section IV above shall be final 20 days from the date of this Order without further order or proceedings. If an extension of time for requesting a hearing has been approved, the provisions specified in Section IV shall be final when the extension expires if a hearing request has not been received.
Dated at Rockville, Maryland
. *this J~ay of September 1998
Enclosure:
Judgement in a Criminal Case and Plea Agreement FOR THE NUCLEAR REGULATORY COMMISSION w~:Sr~
Deputy Executive Director for Regulatory Effectiveness
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SYNOPSIS This supplemental investigation was initiated by the U.S. Nuclear Regulatory Commission CNRC>. Office of Investigations, Region III CRIII), on October 16.
1997. regarding an allegation that a Dresden Nuclear Power Station (Dresden) bargaining unit employee <Reactor *operator CRO) candidate) deliberately assisted a management employee (Senior Reactor Operator CSRO) candidate) in compromising botb the NRC RO and SRO examinations at Dresden on June 29 and 30. 1996.
Based upon the evidence developed during the investigation. it is concluded that the bargaining unit employee CRO candidate) at Dresden deliberately assisted the management employee CSRO candidate) in compromising both the NRC RO a'nd SRO examinations.
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DISTRIBUTION:
PUBLIC IE-01 SECY CA LCallan, EDO WTravers, DEDE LChandler, OGC JGoldberg, OGC SCollins, NRA RZimmerman, NRA BBoger, NRA Enforcement Coordinators RI, All and RIV Resident Inspector, Dresden JStang, NRA JGilliland, OPA HBell, OIG GCaputo, 01 RPaul, Ol:Rlll TMartin, AEOD OE:ES OE:EA (2)
RAO:Rlll SLO:Rlll PAO:Rlll OCFO/LFARB w/o encl.
DRP Docket File RGallo, NRA MLeach, Rlll:DRS MBies, Rlll:DRS
- Riii Office Allegation Coordinator DOCUMENT NAME: G:\\OECASES\\983804REV.WPD To receive a copy of this document, indicate in the box: "C" = Copy without attachment/enclosure "E" = Copywitrn attachment/enclosure "N" = No co OFFICE OE OGC Riii NAME JGoldber JCaldwell DATE 09/ y. /98 091 :,190 ll°FFICE 'Di
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NAME : JLl= rman DATE 09//j_ /98 if-'~ 111 OFFICIAL RECORD COPY