[Federal Register Volume 62, Number 167 (Thursday, August 28, 1997)]
[Notices]
[Pages 45688-45689]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22939]


=======================================================================
-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[IA 97-033]


Order Prohibiting Involvement in NRC-Licensed Activities 
(Effective Immediately)

    In the Matter of Robert J. Nelson.

I

    Robert J. Nelson was employed by Duke Power Company (DPC) 
(Licensee) as an electrical systems support valve maintenance 
technician at the McGuire Nuclear Station. DPC holds License Nos. NPF-9 
and NPF-17 (Licenses) for McGuire Nuclear Station, Units 1 and 2, 
issued by the Nuclear Regulatory Commission (NRC or Commission) 
pursuant to 10 CFR part 50 on July 8, 1981 and May 27, 1983, 
respectively. The Licenses authorize DPC to operate the McGuire 
facility in accordance with the conditions specified therein. The 
facility is located on the Licensee's site in Huntersville, North 
Carolina.

II

    During the McGuire Unit 1 refueling outage in January 1996, 
maintenance was being performed to replace valve 1NV233, a safety-
related check valve in the mini-flow path for the 1B charging pump. On 
January 3, 1996, Mr. Robert J. Nelson initialed Step 11.4.5 of 
Procedure MP/O/A/7600/04, Kerotest ``Y'' Type Check Valve Corrective 
Maintenance, which stated: ``Install NEW body to cover gasket in 
body.'' On the evening of January 3, 1996, valve 1NV233 was 
disassembled and DPC technicians identified that the gasket was not 
new, as it had been previously torqued. McGuire Technical Specification 
(TS) 6.8.1.c requires that written procedures be established, 
implemented and maintained covering the activities recommended in 
Regulatory Guide 1.33, Revision 2, February 1978. Regulatory Guide 1.33 
states, in part, that maintenance which can affect performance of 
safety-related equipment should be performed in accordance with written 
procedures. The failure to perform Step 11.4.5 of Procedure MP/O/A/
7600/04 as prescribed is a violation of TS 6.8.1.c. Following an 
investigation, DPC terminated Mr. Nelson's employment on January 18, 
1996, based on a finding that he had falsified Procedure MP/O/A/7600/
04.
    Between March 22, 1996, and March 31, 1997, the NRC Office of 
Investigations conducted an investigation and concluded that Mr. Nelson 
had purposely decided to use the old gasket and intentionally signed 
the procedure step falsely indicating that the gasket had been replaced 
with a new gasket. The Commission's regulation, 10 CFR 50.9(a) 
provides, in part, that information required by the Commission's 
regulations, orders, or license conditions to be maintained by the 
licensee shall be complete and accurate in all material respects. The 
failure of DPC to maintain complete and accurate required records of 
maintenance activities performed on safety-related equipment is a 
violation of 10 CFR 50.9. Furthermore, during the investigation, Mr. 
Nelson was not forthright in providing information regarding the 
failure to follow procedures and intentional falsification of the 
record as evidenced by statements made by Mr. Nelson to the OI 
investigator.
    On May 27, 1997, the NRC sent a certified letter to Mr. Nelson 
advising him that his actions appeared to have violated 10 CFR 50.5, 
``Deliberate Misconduct,'' and offering him the opportunity to attend a 
predecisional enforcement conference. The letter was returned to the 
NRC by the U.S. Postal Service with a note that the letter was 
unclaimed. The NRC also unsuccessfully attempted to contact Mr. Nelson 
by telephone on July 16 and 21, 1997.

III

    Based on the above, it appears that Mr. Nelson engaged in 
deliberate misconduct when he intentionally signed a procedure step 
claiming that a gasket in a safety-related valve had been replaced with 
a new gasket when it had not been replaced. Mr. Nelson's deliberate 
misconduct caused the Licensee to be in violation of McGuire TS 6.8.1.c 
and 10 CFR 50.9(a), and is, therefore, a violation of 10 CFR 50.5(a)(1) 
and 10 CFR 50.5(a)(2). The NRC must be able to rely on licensees and 
their employees to fully comply with NRC requirements, including plant 
procedural requirements which ensure the operability of safety-related 
equipment and requirements to maintain records that are complete and 
accurate in all material respects. Mr. Nelson's deliberate misconduct, 
in causing the Licensee to violate TS 6.8.1.c and 10 CFR 50.9(a), 
raises serious doubt as to whether he can be relied upon to comply with 
NRC requirements and to provide complete and accurate information to 
the NRC.
    Consequently, I lack the requisite reasonable assurance that 
licensed activities can be conducted in compliance with Commission 
requirements and that public health and safety will be protected if Mr. 
Nelson were permitted at this time to be involved in NRC-licensed 
activities. Therefore, public health, safety and interest require that 
Mr. Nelson be prohibited from any involvement in NRC-licensed 
activities for a period of one year from the date of this Order and, if 
he is currently involved with another licensee in NRC-licensed 
activities, 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. Nelson 
is required to notify the NRC of his first employment in NRC-licensed 
activities for one year following the prohibition period. Furthermore, 
pursuant to 10 CFR 2.202, I find that the significance of Mr. Nelson'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:
    A. Mr. Robert J. Nelson is prohibited for one year from the date of 
this Order from engaging in or exercising control over individuals 
engaged in NRC-licensed activities. If Mr. Nelson is currently involved 
in NRC-licensed activities, he must immediately cease such activities, 
inform the NRC of the name, address and telephone number of the 
employer, and provide a copy of this Order to the employer. For 
purposes 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.
    B. For a period of one year following the period of prohibition set 
forth in

[[Page 45689]]

Paragraph IV.A. above, Mr. Robert J. Nelson shall, within 20 days of 
his acceptance of his first employment offer involving NRC-licensed 
activities as defined in Paragraph IV.A above, provide notice to the 
Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555, of the name, address, and telephone number of the 
employer or the entity where he is, or will be, involved in NRC-
licensed activities. The notice shall include a statement of his 
commitment to compliance with regulatory requirements and the basis for 
why the Commission should have confidence that he will now comply with 
applicable NRC requirements.
    The Director, Office of Enforcement, may relax or rescind, in 
writing, any of the above conditions upon demonstration by Mr. Nelson 
of good cause.

V

    In accordance with 10 CFR 2.202, Mr. Nelson must, and any other 
person(s) 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, DC 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. Nelson or other 
person(s) 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, and to the Regional Administrator, NRC Region II, Atlanta 
Federal Center, 61 Forsyth Street, SW Suite 23T85, Atlanta, Georgia 
30303 and to Mr. Nelson if the answer or hearing request is by a person 
other than Mr. Nelson. If a person other than Mr. Nelson 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. Nelson 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. Nelson, 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.

    For the Nuclear Regulatory Commission.

    Dated at Rockville, Maryland this 18th day of August 1997.
Ashok C. Thadani,
Acting Deputy Executive Director for Regulatory Effectiveness.
[FR Doc. 97-22939 Filed 8-27-97; 8:45 am]
BILLING CODE 7590-01-P