ML20206R722

Refers to Investigation 1-97-031 on 970616-0718 & Forwards Nov.Investigation Found That Recipient Deliberately Did Not Follow Radiation Protection Procedures,Falsified Documents & Provided Incomplete & Inaccurate Info to NRC

ML20206R722
Person / Time
Site:	Haddam Neck File:Connecticut Yankee Atomic Power Co icon.png
Issue date:	05/12/1999
From:	Miller H NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
To:	Foley J AFFILIATION NOT ASSIGNED
Shared Package
ML20206R728	List: ML20206R722 ML20206R739
References
IA-98-055, IA-98-55, NUDOCS 9905200190
Download: ML20206R722 (3)

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k UNITED STATES NUCLEAR REGULATORY COMMISSION

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7. j REGION I 475 ALLENDALE ROAD

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Mr. Joseph M. Foley HOME ADDRESS DELETED l UNDER 2.790

SUBJECT:

NOTICE OF VIOLATION (NRC 01 Investigation 1-97-031)

Dear Mr. Foley:

This refers to the investigation conducted by the NRC Region i Office of Investigations (01) to determine if you, while in the position of Lead Health Physics Technician at Connecticut Yankee Atomic Company's (CYAPCo) Haddam Neck facility, deliberately violated radiation protection procedures in conjunction with surveys for dives in the reactor cavity in December 1996. As noted in our letter to you dated December 21,1998, our investigation found that you deliberately did not follow radiation protection procedures, falsified documents, and provided incomplete and inaccurate information to the NRC. On February 1,1999, a predecisional enforcement conference (conference) was conducted with you in the NRC Region I office, to discuss the apparent violation identified during the investigation, its causes, and your corrective actions.

Based on the information developed during the investigation and at the conference, the NRC has concluded that you engaged in deliberate misconduct which caused CYAPCo to be in violation of NRC requirements. Specifically, the NRC has concluded that you deliberately failed to follow procedures by (1) using only one functioning survey meter and failing to record the results of two / I independent meters during pre-dive surveys on December 9 and December 10,1996; (2) failing to source check one of the radiation survey meters prior to the pre-dive survey on December 10, 1996; and (3) falsifying the results of the pre-dive and dive surveys conducted on December 10,

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1996. The NRC also concluded that you provided incomplete and inaccurate information to the NRC, during an inspection in June 1997, conceming the conduct of the dive surveys. During the conference, you denied that you willfulir or deliberately violated requirements. Notwithstanding your denial, the NRC concluded that you did engage in wrongdoing, in violation of 10 CFR 50.5.

Because you deliberately failed to comply with regulatory requirements, the NRC considers your actions to be a significant violation and has classified the violation at Severity Level lli in accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions"(Enforcement l Policy), NUREG-1600.  !

You should be aware that NRC regulations allow the issuance of civil sanctions, such as a Notice l of Violation, directly against unlicensed persons who engage in deliberate misconduct. Deliberate l misconduct includes the deliberate submission to a licensee or the NRC information that the person l submitting the information knows to be incomplete or inaccurate in some respect material to the NRC. An Order may also be issued to an individual to prevent his or her engaging in licensed activities at all NRC licensed facilities. The NRC gave consideration to the issuance of an Order in this case. However, after considering all of the circumstances of the case, I have been 9905200190 990512 PDR ADOCK 05000213 G PDR c

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Mr. Joseph M. Foley 2 authorized, after consultation with the Director, Office of Enforcement, to issue you the enclosed Notice of Violation. The decision to issue you a Notice of Violation rather than an Order was based, j in part, on the facts that: (1) you were not in a management or supervisory position at the facility; )

and (2) the licensee has already taken significant disciplinary action against you. Nonetheless, you l should be aware that engagement in any similar wrongdoing in the future may result in more l significant enforcement action. l You are required to respond to this letter, and you should follow the instructions specified in the enclosed Notice when preparing your response. The NRC will use your response, in part, to determine whether further enforcement action is necessary to ensure compliance with regulatory requirements.

In accordance with 10 CFR 2.790 of the NRC's " Rules of Practice," a copy of this letter with your home address deleted, its enclosure, and any response will be placed in the NRC Public Document Room (PDR).

If you have any questions or comments, please contact Mr. Ronald Bellamy at (610) 337-5200.

Sincerely, s

bert J. Miller Regional Administrator

Enclosure:

Notice of Violation j cc w/ encl:

R. Mellor, Vice President, Operations and Decommissioning, Connecticut Yankee Atomic Power Company I

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e O9 Mr. Joseph M. Foley DISTRIBUTION:

SECY I CA I PUBLIC WTravers, EDO MKnapp, DEDE )'

FMiraglia, DEDR JLieberman, OE DDambly, OGC HMiller, RI SCollins, NRR .

BSheron, NRR I BKane, NRR Enforcement Coordinators Rl, Rll, Rlli, RIV BBeecher, OPA HBell, OlG PLohaus, OSP GCaputo,01 OE:EA File (2)(Also by E-Mail)

NUDOCS Nuclear Safety information Center (NSIC)

DScrenci, PAO-Ri _

NSheehan, PAO-Rl l l

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