ML20136B324

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Informs That NRC Will Be Withdrawing NOV ,based on Reevaluation of Evidence Provided & Response to NOV
ML20136B324
Person / Time
Site: Fort Saint Vrain Xcel Energy icon.png
Issue date: 04/02/1996
From: Callan L
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV)
To: Zahrt K
AFFILIATION NOT ASSIGNED
Shared Package
ML20136B139 List:
References
FOIA-96-434 IA-95-046, IA-95-46, NUDOCS 9703100242
Download: ML20136B324 (3)


Text

._ . . _ _ _ .

W ch UNITE 3 STATES y ,, NUCLEAR REGULATORY COMMISSION

$ REGION lV

, 811 RYAN PLAZA DRIVE, SUITE 400

, p AR LING . . TEXAS 760114064 Apr 2, 1996 IA 95-046 Mr. Kenneth Zahrt

[Home address deleted from copies pursuant to 10 CFR 2.790]

SUBJECT:

WITHDRAWAL OF NOTICE OF VIOLATION ISSUED OCTOBER 30, 1995

Dear Mr. Zahrt:

This is to inform you that the NRC is withdrawing the Notice of Violation issued to you on October 30, 1995. The decision to withdraw the Notice of Violation is based on a reevaluation of the evidence in this case in light of the information provided by you during a meeting with the NRC on November 14, 1995, and in your response to the Notice of Violation dated November 12, 1995.

The Notice of Violation was (ssued to you based on the belief that you had knowingly signed and approved radiation survey records that had been backdated and that contained false information. The NRC now believes that there is insufficient evidence to conclude that you knew that the survey records in question, which were prepared by others and reviewed and signed by you, contained inaccurate or falsified information. We also do not find that the backdating of these survey records, in and of itself, represented a deliberate attempt to mislead. Thus, we are withdrawing the Notice of Violation issued to you and consider this matter closed.

Survey records are expected to be completed in a' timely manner to support material releases or ongoing work activities. In cases where a time delay has occurred between the performance of the survey and the completion of the survey record, there is considerable opportunity for errors and questions concerning the validity of the data. This appears to be the case with the records in question. There is ample evidence that the surveys in question were, in fact, performed, and that no radioactive material was released from the site. The NRC continues to believe, however, that the survey records reviewed and signed by you contained inaccuracies related to survey instrument usage and calibration dates and that the technicians who submitted those records did so knowingly.

No response to this letter is required. *.

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(i 4?O3100242 970228 \

FN FOIA SAURO96-434 PDR

i Kenneth Zahrt <

In accordance with 10 CFR 2.790 of the NRC's " Rules of Practice", enforcement actions and related correspondence are placed in the NRC Public Document Room (PDR).

PDR. ' A copy of this letter with your address removed will be placed in the Sincerely, L. J . allan Re onal Administrator cc w/

Enclosure:

Public Service Company of Colorado ATTN: A. Clegg Crawford, Vice President Electric Operations P.O. Box 840 Denver, Colorado 80201-0840 Scientific Ecology Group, Inc.

ATTN: Mr. Don Neeley Vice President 628 Gallaher Road Oak Ridge, Tennessee 37763 l

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I Kenneth Zahrt '

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DISTRIBUTION:

POR JGilliland, OPA LPDR PLohaus, OSP SECY LNorton, OIG CA EJordan, AE0D JTaylor, EDO GCaputo, OI HThompson, DEDS LTremper, OC/LFDCB LChandler, OGC OE:ES JGoldberg, OGC OE:EA (2) (7H5) i CPaperiello, NMSS NUDOCS JGreeves, NMSS Enforcement Coordinators RI, RII, RIII RIV DISTRIBUTION: ,

LJCallan ,

SJCollins GSanborn > EAFile RWise BHenderson CHackney W8rown LWilliamson RScarano DChamberlain i

CCain '

LHowell BSpitzberg RIV Files MIS Coordinator '

DOCUMENT NAME: G:\EA\ FINAL \EA95IIO.REV RIV:E0 ft 1 OE rho 3*- n GFSanbh/kJh JLieberdn ]# LJ311an 4 /2-/96 M / l/96 Y t{ fV /96 **

OFFICIAL RECORD COPY I

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