[Federal Register Volume 59, Number 83 (Monday, May 2, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-10371]


[[Page Unknown]]

[Federal Register: May 2, 1994]


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NUCLEAR REGULATORY COMMISSION
[IA 94-008]

 

Sean G. Miller, Coal City, IL; Order Prohibiting Involvement in 
NRC-Licensed Activities (Effective Immediately)

I

    Mr. Sean G. Miller was formerly employed by the Commonwealth Edison 
Company (CECo) from June 18, 1990, until he resigned his employment on 
December 2, 1992. He most recently held the position of Qualified 
Nuclear Engineer (QNE) with responsibilities involving compliance with 
NRC requirements for the operation of a nuclear power plant. CECo holds 
Facility Licenses DPR-19 and DPR-25 issued by the Nuclear Regulatory 
Commission (NRC or Commission) pursuant to 10 CFR part 50. The licenses 
authorize CECo to operate the Dresden Nuclear Station Units 2 and 3 
located near Morris, Illinois. The licenses were issued by the NRC on 
December 22, 1969, and March 2, 1971, respectively.

II

    On November 24, 1992, CECo notified the NRC that CECo senior 
managers had just become aware of an incident that had occurred on 
September 18, 1992, when Unit 2 was operating at 75% power. A Nuclear 
Station Operator (NSO), a licensed reactor operator, had incorrectly 
moved control rod H-1 while repositioning control rods to change 
localized power levels within the reactor core, and the event was 
concealed from CECo management. Both CECo and NRC initiated an 
investigation of the incident.
    On September 18, 1992, the NSO, a licensed operator, erroneously 
moved control rod H-1 from Position 48 (fully withdrawn) to Position 
36. The NSO and two individuals in training to become nuclear engineers 
were in the control room when Mr. Miller, the QNE on duty and an 
unlicensed individual, recognized the NSO's error. Mr. Miller informed 
the NSO of the error, the NSO continued to move control rods at Mr. 
Miller's direction, without the knowledge or approval of the Station 
Control Room Engineer (SCRE), and then Mr. Miller informed the SCRE of 
the event. Later the SCRE spoke with Mr. Miller, the NSO and the two 
nuclear engineers in training and they all agreed that they would not 
discussed the incident with anyone else. As a result, neither the 
mispositioned rod nor the subsequent deviation from the planned control 
rod pattern were documented in the control room log, Mr. Miller 
falsified a Form 14-14C plant record, and CECO management was not 
informed of the incident.
    Dresden Technical Specification 6.2.A.1 stated that applicable 
procedures recommended in Appendix A of Regulatory Guide 1.33, Revision 
2 dated February 1978, shall be established, implemented, and 
maintained. Regulatory Guide 1.33, Appendix A.1.c, included 
administrative procedures general plant operating procedures, and 
procedures for startup, operation, and shutdown of safety related 
systems.
    Dresden Operating Abnormal Procedure (DOA) 300-12, ``Mispositioned 
Control Rod'', Revision 2, November 1991, Section C.2, required, in 
part, that if a control rod is moved more than one even notch from its 
in-sequence position, then all control rod movement must be 
discontinued. Section D.2.a.(1) required, in part, that if a single 
control rod is inserted more than one even notch from its in-sequence 
position and reactor power is greater than 20%, and if the 
mispositioning occurred within the last 10 minutes, then the 
mispositioned control rod must be continuously inserted to Position 00. 
Section D.6 required that an upper management representative will 
conduct an evaluation into the cause of the mispositioning and 
implement immediate corrective actions prior to the resumption of 
routine control rod movements.
    These procedures were not followed. Specifically, the NSO failed to 
insert the mispositioned control rod to Position 00, and continued to 
move control rods solely at the direction of Mr. Miller and without the 
performance of an evaluation and corrective actions by an upper 
management representative.
    Dresdent Administrative Procedure (DAP) 14-14, ``Control Rod 
Sequences,'' Revision 0, dated November 1991, section F.1.e, required 
that Form 14-14C, ``Special Instructions'', must provide instructions 
which should be clearly stated and strictly adhered to and required 
that the instructions be approved by the ONE (in this case, Mr. Miller) 
and an operations shift supervisor. Hoover, on September 18, 1992, 
following the mispositioning of control rod H-1, control rod arrays 8D2 
and 5 were moved at Mr. Miller's direction and without the completion 
of a Special Instruction Form 14-14C clearly stating the sequence, and 
without prior approval of Mr. Miller's instructions by an operations 
shift supervisor. By directing the continued movement of control rods 
without the approval of a licensed operator, Mr. Miller, who is not a 
licensed operator, violated 10 CAR 55.3. Furthermore, after these rods 
had been moved, Mr. Miller knowingly completed a Form 14-14C to 
indicate a different sequence of control rod movements than that which 
actually occurred. The effect of this inaccurate Form 14-14C was to 
conceal the mispositioning of control rod H-1 and the subsequent 
movement of control rods in violation of plant procedures.
    Based on the NRC Office of Investigations (OI) investigation of 
this matter (OI Report No. 3-92-055R), I conclude that Mr. Miller, 
along with certain other CECo employees, deliberately attempted to 
conceal with the mispositioned control rod event by failing to document 
the incident as required by plant procedures. By falsifying the Form 
14-14C, Mr. Miller deliberately put CEOo in violation of Dresden 
Technical Specification 6.2.A.1, DAP 14-14, Section F.1.e., and 10 CFR 
50.9, ``Completeness and Accuracy of Information''.

III

    Based on the above, Mr. Miller, an employee of CECo at the time of 
the event, engaged in deliberate misconduct which caused CECo to be in 
violation of its license conditions and 10 CFR 50.9 and which 
constitutes a violation of 10 CFR 50.5 and 10 CFR 55.3.
    The NRC must be able to rely on its licensees and their employees 
to comply with NRC requirements, including the requirement to maintain 
records that are complete and accurate in all material respects. Mr. 
Miller's action in causing CECo to violate its license conditions and 
10 CFR 50.9 have raised serious doubt as to whether he can be relied 
upon to comply with NRC requirements, including the requirements to 
maintain complete and accurate records. Mr. Miller's deliberate 
misconduct that caused CECo to violate Commission requirements cannot 
and will not be tolerated.
    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 
will be protected, if Mr. Miller were permitted at this time to be 
engaged in the performance of NRC-licensed and regulated activities. 
Therefore, the public health, safety and interest require that Mr. 
Miller be prohibited from being involved in any NRC-licensed activities 
for three years from the date of this Order. In addition, for the same 
period, Mr. Miller is required to give notice of this Order to any 
prospective employer engaged in NRC-licensed activities as described in 
Section IV, Paragraph B, below, from whom he seeks employment in non-
licensed activities to ensure that such employer is aware of Mr. 
Miller's previous history. For five years from the date of this Order, 
Mr. Miller is also required to notify the NRC of his employment by any 
person engaged in NRC-licensed activities, as described in Section IV, 
Paragraph B, below, so that appropriate inspections can be performed. 
Furthermore, pursuant to 10 CFR 2.202, I find that the significance of 
the 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 and 10 CFR 50.5, it is hereby ordered, 
effective immediately, that:
    A. Mr. Miller is prohibited for three years from the date of this 
Order from engaging in activities licensed by the NRC.
    B. Should Mr. Miller seek employment in non-licensed activities 
with any persons engaged in NRC-licensed activities for three years 
from the date of this Order, Mr. Miller shall provide a copy of this 
Order to such person at the time Mr. Miller is soliciting or 
negotiating employment so that the person is aware of the Order prior 
to making an employment decision. For the purposes of this Order, 
licensed activities include the activities of: (1) An NRC licensee; (2) 
an Agreement State licensee conducting NRC-licensed activities pursuant 
to 10 CFR 150.20; and (3) an Agreement State licensee involved in the 
distribution of products that are subject to NRC jurisdiction.
    C. For three years from the date of this Order, Mr. Miller shall 
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, within 72 hours of his acceptance of 
an employment offer involving non-licensed activities for an employer 
engaged in NRC-licensed activities described in Paragraph IV.B, above.
    D. After the three year prohibition has expired as described in 
Paragraphs IV.A and B above, Mr. Miller shall provide notice to the 
Director, Office of Enforcement, for acceptance of any employment in 
NRC-licensed activity for an additional two year period.
    The Director, Office of Enforcement may, in writing, relax or 
rescind any of the above conditions upon demonstration by Mr. Miller of 
good cause.

V

    In accordance with 10 CFR 2.202, Mr. Miller must, and any other 
person adversely affected by this Order may, submit an answer to this 
Order, and may request a hearing within 30 days of the date of this 
Order. 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. Miller 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, Docketing and Service Section, 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, Region III, U. S. Nuclear 
Regulatory Commission, 801 Warrenville Road, Lisle, Illinois 60532-
4351; and to Mr. Miller, if the answer or hearing request is by a 
person other than Mr. Miller. If a person other than Mr. Miller 
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. Miller 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. Miller, or any person 
adversely affected by this Order, may in addition to demanding a 
hearing, at the time that answer is filed or sooner, move the presiding 
officer to set aside the immediate affectiveness 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 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. An answer or a request 
for a hearing shall not stay the immediate effectiveness of this Order.

    Dated at Rockville, Maryland this 21 day of April 1994.

    For the Nuclear Regulatory Commission.
James L. Milhoan,
Deputy Executive Director for Nuclear Reactor Regulation, Regional 
Operations and Research.
[FR Doc. 94-10371 Filed 4-29-94; 8:45 am]
BILLING CODE 759-01-M