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[Federal Register Volume 62, Number 156 (Wednesday, August 13, 1997)]
[Notices]
[Pages 43361-43363]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21362]

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NUCLEAR REGULATORY COMMISSION

[IA 97-060]

Steven F. Nevin; Order Prohibiting Involvement in NRC-Licensed 
Activities (Effective Immediately)

I

    Mr. Steven F. Nevin (Mr. Nevin) was formerly employed by PECO 
Energy Company at the Limerick Generating Station (PECO, Limerick, or 
Licensee) as a chemist. PECO holds Facility License No. NPF-39 and NPF-
84 issued by the Nuclear Regulatory Commission (NRC or Commission) 
pursuant to 10 CFR part 50. These licenses authorize PECO to operate 
the Limerick Station, Units 1 and 2, in accordance with the conditions 
specified therein.

II

    On February 7, 1996, while a Reactor Enclosure Cooling Water (RECW) 
radiation monitor was inoperable, the Licensee was required, in 
accordance with Technical Specification 3.3.7.1, ACTION 72, to obtain 
and analyze at least one grab sample from the RECW system at least once 
per 24 hours. On that date, the sample needed to be taken by 11:00 a.m. 
to meet that requirement.

[[Page 43362]]

The sample was not taken until 12:15 p.m. on that date, approximately 1 
hour and 15 minutes after the time it was due. However, the record of 
the grab sample RECW Surveillance Test (ST-5-026-570-1, ``Inop Reactor 
Enclosure Cooling Water Rad Mon Grab Sampling and Analysis''), signed 
by a chemistry technician and Mr. Nevin, the chemist (as chemistry 
supervision), was inaccurate because (1) page one of attachment 1 of 
the test record indicated that the time of the sample was 11:00 a.m., 
and (2) the attached computer printout of the Gamma Spectrum Analysis, 
as changed by Mr. Nevin, also indicated that the sample was taken at 
11:00 a.m.. The creation of this inaccurate record caused the Licensee 
to be in violation of 10 CFR 50.9, ``Completeness and accuracy of 
information.''
    Afterwards, an investigation of this matter was conducted by PECO, 
and the NRC was informed of the findings. Subsequently, an 
investigation was conducted by the NRC Office of Investigations (OI), 
that determined, based upon the evidence developed during its 
investigation, and a review of evidence contained in the investigation 
report provided by PECO, that on February 7, 1996, Mr. Nevin, and the 
PECO chemistry technician, deliberately falsified RECW sample 
documentation, at the direction of Ms. Blacklock, the former PECO 
Primary Chemistry Manager.
    Mr. Nevin was interviewed by OI on July 24 and December 10, 1996. 
During the interviews, Mr. Nevin indicated initially that he corrected 
the sample time recorded in the Gamma Spectrum Analysis from 12:15 p.m. 
to 11:00 a.m. because he was told that another sample (taken earlier) 
had been found. Upon further questioning, Mr. Nevin admitted to the 
initial fabrication and stated that he and the chemistry technician 
falsified the surveillance test documents to record the sample time of 
11:00 a.m. at the direction of the former Primary Chemistry Manager.

III

    Based on the above, the NRC has concluded that Mr. Nevin engaged in 
deliberate misconduct. Mr. Nevin's actions constitute a violation of 10 
CFR 50.5(a)(1), which prohibits an individual from engaging in 
deliberate misconduct that causes or, but for detection, would have 
caused, a licensee to be in violation of any rule, regulation, or 
order, or any term, condition, or limitation of any license, issued by 
the Commission. In this case, Mr. Nevin caused the Licensee to be in 
violation of 10 CFR 50.9, ``Completeness and accuracy of information.''
    The NRC must be able to rely on the Licensee, its contractors, and 
the Licensee and contractor employees to comply with NRC requirements, 
including the requirement to maintain information that is complete and 
accurate in all material respects. Mr. Nevin's action in falsifying 
records, and his collusion with others to hide that falsification, 
constitute deliberate violations of Commission regulations, and by 
doing so, raises serious doubt as to whether he can be relied upon to 
comply with NRC requirements and to provide complete and accurate 
information to NRC Licensees and their contractors in the future, and 
raises doubt about his trustworthiness and reliability.
    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 
would be protected if Mr. Nevin were permitted at this time to be 
involved in NRC-licensed activities.
    Therefore, the public health, safety and interest require that Mr. 
Nevin be prohibited from any involvement in NRC-licensed activities for 
a period of 3 years from the date of this Order, and if Mr. Nevin is 
currently involved with another licensee in NRC-licensed activities, 
Mr. Nevin 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. Nevin is required 
to notify the NRC of his first employment in NRC-licensed activities 
following the prohibition period. Furthermore, pursuant to 10 CFR 
2.202, I find that the significance of Mr. Nevin's conduct described 
above is such that the public health, safety and interest require that 
this Order be immediately effective.

IV

    Accordingly, pursuant to sections 103, 161b, 161i, 161o, 182 and 
186 of the Atomic Energy Act of 1954, as amended, and the Commission's 
regulations in 10 CFR 2.202, 10 CFR 50.5, and 10 CFR 150.20, It is 
hereby ordered, effective immediately, that:
    1. Steven F. Nevin is prohibited from engaging in activities 
licensed by the NRC for 3 years from the date of this Order. 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 Agreement State licensees conducted 
pursuant to the authority granted by 10 CFR 150.20.
    2. After the 3-year period of prohibition has expired, Mr. Nevin 
shall, within 20 days of his acceptance of the first employment offer 
involving NRC-licensed activities or his becoming involved in NRC-
licensed activities, as defined 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 activities. In the notification, Mr. Nevin 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 comply with applicable NRC requirements.
    The Director, OE, may, in writing, relax or rescind any of the 
above conditions upon demonstration by Mr. Nevin of good cause.

V

    In accordance with 10 CFR 2.202, Mr. Nevin 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 Order and shall 
set forth the matters of fact and law on which Mr. Nevin 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, Rulemakings and Adjudications Staff, Washington, DC 20555. 
Copies also shall be sent to the Director, Office of Enforcement, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555, to the Assistant 
General Counsel for Hearings and Enforcement at the same address, to 
the Regional Administrator, NRC Region I, U.S. Nuclear Regulatory, 475 
Allendale Road, King of Prussia, Pennsylvania 19406, and to Mr. Nevin 
if the answer or hearing request is by a

[[Page 43363]]

person other than Mr. Nevin. If a person other than Mr. Nevin requests 
a hearing, that person shall set forth with particularity the manner in 
which that person's 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. Nevin or a person whose interest 
is adversely affected, the Commission will issue an Order designating 
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.
    Pursuant to 10 CFR 2.202(c)(2)(i), Mr. Nevin may, in addition to 
demanding a hearing, at the time the answer is filed or sooner, move 
the presiding officer to set aside the immediate effectiveness of the 
Order on the ground that the Order, including the need for immediate 
effectiveness, is not based on adequate evidence but on mere suspicion, 
unfounded allegations, or error.
    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. An answer or a request for 
hearing shall not stay the immediate effectiveness of this order.

    Dated at Rockville, Maryland, this 5th day of August 1997.
    For the Nuclear Regulatory Commission.
Ashok C. Thadani,
Acting Deputy Executive Director for Regulatory Effectiveness.
[FR Doc. 97-21362 Filed 8-12-97; 8:45 am]
BILLING CODE 7590-01-P
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