ML20141F875

Discusses Investigation Rept 4-96-047 on 970226. Investigation Consisted of Review of Circumstances Surrounding Violation of Procedures Re Fill Capacity of Waste Monitor Tank at Plant on 960227

ML20141F875
Person / Time
Site:	Wolf Creek
Issue date:	05/19/1997
From:	Merschoff E NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV)
To:	Freeman J AFFILIATION NOT ASSIGNED
References
IA-97-030, IA-97-30, NUDOCS 9705220075
Download: ML20141F875 (4)

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NUCLEAR REGULATORY COMMISSION

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{ $ REGloN iv 511 RYAN PLAZA drive. SulTE 400  :

k+9*****,[ AR LINGToN, TEXAS 760118064 May 19, 1997 IA 97-030 ,

Mr. Johnny D. Freeman

[HOME ADDRESS DELETED UNDER 10 CFR 2.790]

SUBJECT:

NRC INVESTIGATION REPORT NO. 4-96-047

Dear Mr. Freeman:

This refers to the subject investigation conducted by the NRC's Office of Investigations (01) at Wolf Creek Nuclear Generating Station, which was completed on February 26,1997. The investigation was conducted to review the circumstances surrounding a violation of procedures in which radwaste operators were directed to fill a waste monitor tank above the 50-percent level. You were interviewed by 01 during the investigation.

As indicated in the enclosed investigation synopsis, the investigation found that on February 27,1996, you willfully violated licensee procedures regarding fill capacity of the waste monitor tanks. The term " willful" in this case refers to our view that you showed careless disregard for the involved requirement. Specifically, you were generally aware of the procedural requirement not to fill the waste monitor tanks above the 90-percent level, and should have stopped to check the procedure before directing your subordinates to continue filling the tanks, in addition, as a supervisor, you should have been familiar with and utilized Wolf Creek's process for deviating from procedural requirements. Your action resulted in the NRC issuing a Notice of Violation to your employer on April 2S,1997 (NRC Inspection Report 50-482/97-08).

The NRC has considered all of the circumstances of this matter in determining whether civil enforcement action should be taken against you, in particular, we have considered the relatively low safety significance of your actions. In addition, we considered your statement to 01 that you never intended to violate procedures and that you now realize that you should have researched your decision before directing others to continue filling the tank. Wolf Creek Nuclear Operating Corporation (WCNOC) also investigated this matter, and as a result, you were counseled and disciplined by the company for your actions.

While the NRC has not concluded that there was deliberate misconduct in this case, and will not pursue formal enforcement action against you, you should be aware that the NRC's regulations allow the issuance of civil sanctions to be taken directly against unlicensed persons who, through their deliberate misconduct, cause a licensee to be in /

violation of NRC requirements. Deliberate misconduct includes an intentional act or #

omission that the person knows constitutes a violation of a requirement, procedure or training instruction. An order may also be issued to an individual to prevent his or her engaging in licensed activities at all NRC licensed facilities. A violation of this regulation as 9705220075 970519 PDR ADOCK 05000482 4 /. O 'J U ' h

Mr. Johnny D. Freeman  ;

set forth in 10 CFR 50.5, Deliberate Misconduct (Enclosure 2), may also lead to criminal ,

prosecution. Similar failures in the future could lead to formal NRC 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 at U.S. Nuclear Regulatory Commission, '

. Region IV,611 Ryan Plaza Drive, Suite 400, Arlington, Texas 76011. ,

This letter and your response, if you choose to submit one, are not being placed in the NRC's Public Document Room at this time. However, they are official agency records and j are subject to public release under the Freedom of information Act (FOIA) if an appropriate ,

request is submitted. If they are released in response to a FOIA request, any information i that would constitute a clearly unwarranted invasion of personal privacy (e.g., your home i address) is customarily redacted, if you have any questions or comments, please contact Gary Sanborn, Enforcement Officer, at 817 860-8222 or 800-952-9677.

! Sincerely, i

. /

Ellis W. Merse Regional Adm' istrator

Enclosures:

1. Synopsis 014-96-047

2. Deliberate Misconduct Rule cc w/ Enclosure 1:

Otto L. Maynard, President and Chief Executive Officer Wolf Creek Nuclear Operating Corporation

, P.O. Box 411 Burlington, Kansas 66839  !

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SYNOPSIS This investigation was-initiated by the Nuclear Regulatory Commission (NRC),

Office of Investigations (01), Region IV (RIV), on September 11. 199.6..to .

-determine whether a supervisor at Wolf Creek Nuclear Operating Corporation's Wolf Creek Nuclear Generating Station (Wolf Creek), directed a Wolf Creek radwaste operator to deliberately violate radwaste procedures regarding the fill capacity of the Waste Monitor Tanks.

Based 'on the evidence developed, a review of the NRC inspection report, the licensee internal investigation, and interview of the radwaste supervisor, the allegation that a radwaste supervisor directed a radwaste' operator to deliberately violate licensee )rocedures regarding the fill capacity'of the

. Waste Monitor Tanks was not su]stantiated. However, it was determined that the radwaste supervisor willfully violated licensee procedures regarding fill capacity of the Weste Monitor Tanks.

Case No. 4-96-047 1

r Mr. Johnny D. Freeman bec w/ Enclosure 1:

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