[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: 94-10374]


[[Page Unknown]]

[Federal Register: May 2, 1994]


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NUCLEAR REGULATORY COMMISSION
[Docket No. 55-30849; License No. SOP-30516-01; IA 94-006]

 

David Tang Wee, Tinley Park, IL; Order Prohibiting Involvement in 
NRC-Licensed Activities (Effective Immediately)

I

    Mr. David Tang Wee (Licensee) held Senior Reactor Operator's 
License No. SOP-30516-01 (License), issued by the U.S. Nuclear 
Regulatory Commission (NRC or Commission) on August 14, 1985. Mr. Tang 
Wee was employed by Commonwealth Edison Company (CECo) between June 22, 
1981 until his employment was terminated by CECO on December 2, 1992, 
an action which terminated license SOP-30516-01. The Licensee most 
recently held the position of Station Control Room Engineer (SCRE) 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. These licenses authorize CECo 
to operate the Dresden Nuclear Station Units 2 and 3 located near 
Morris, Illinois.

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), who was a licensed reactor operator, 
incorrectly positioned 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 the NRC initiated 
investigations of the incident.
    On September 18, 1992, the NSO erroneously moved control rod H-1 
from Position 48 (fully withdrawn) to Position 36. A Qualified Nuclear 
Engineer (QNE) and two individuals in training to become ``qualified'' 
nuclear engineers were in the control room when the QNE recognized the 
NSO's error. The QNE informed the NSO of the error. The NSO failed to 
insert the mispositioned rod to Position 00 and continued to move other 
control rods at the direction of the QNE. The QNE then informed Mr. 
Tang Wee, the Station Control Room Engineer on duty, of the 
mispositioned rod. Later, Mr. Tang Wee spoke with the NSO and the three 
nuclear engineers and they all agreed that they would not discuss 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, a Dresden Form 14-14C was 
falsified, and CECo management was not informed of the incident.
    The NRC licenses individuals pursuant to 10 CFR Part 55, 
``Operators' Licenses,'' to manipulate the controls of an utilization 
facility. The operator license requires the individual to observe all 
applicable rules, regulations and orders of the Commission, including 
the operating procedures and other conditions specified in the facility 
license.
    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, dated November 1991, section D ``Subsequent 
Operator Actions,'' step 2, required, in part, that if a single control 
rod was inserted greater than one even notch from its in-sequence 
position and reactor power was greater than 20%, then the mispositioned 
rod must be continuously inserted to position 00. Section D.5 required, 
in part, that the NSO record any mispositioned control rod in the Unit 
log book.
    Dresden Administrative Procedure, (DAP) 07-29, ``Reactivity 
Management Controls,'' Revision 0, section F.1.g required, in part, 
that the station control room engineer (SCRE) communicate to the NSO 
the requirements for procedural adherence.
    Dresden Administrative Procedure, (DAP) 07-01, ``Operations 
Department Organization'', Section B.5.e., requires in part that the 
SCRE report any abnormal operating conditions to the Shift Engineer.
    These procedures were not followed. Specifically, Mr. Tang Wee did 
not communicate to the NSO requirements for procedural adherence 
concerning the NSO's duty to record the mispositioning incident in the 
unit control room log, and did not report the mispositioning incident 
to the Shift Engineer. Instead, Mr. Tang Wee agreed with the NSO, the 
QNE and two nuclear engineers in training that they would not discuss 
the incident with anyone else.
    Based on the NRC Office of Investigations (OI) investigation of 
this matter (OI Report No. 3-92-055R), I conclude that Mr. Tang Wee, 
along with the NSO, the QNE and two nuclear engineers in training, 
deliberately attempted to conceal the mispositioned control rod event 
by failing to document and report the incident as required by plant 
procedures. In furtherance of this agreement, Mr. Tang Wee deliberately 
caused CECo to be in violation of Dresden Technical Specification 
6.2.A.1; DAP 07-29, Revision 0, section F.1.g; and DAP 07-01, Section 
B.5.e, by failing to communicate to the NSO the requirement to record 
the mispositioned rod event in the control room log and by failing to 
report the event to the Shift Engineer.
    Further, in a transcribed sworn statement on December 1, 1992, Mr. 
Tang Wee stated that he did not have a reason to make, and did not 
believe he made, a statement to the effect that information about the 
mispositioned control rod should not leave the control room. Based on 
the transcribed testimony of three individuals who were present during 
the incident that Mr. Tang Wee had made a statement to them to the 
effect that information about the mispositioned control rod should not 
leave the control room, and that all five individuals had agreed not to 
discuss the event with anyone else, I conclude that Mr. Tang Wee's 
testimony to the contrary constituted the deliberate provision of 
inaccurate information material to the NRC in violation of 10 CFR 55.9, 
``Completeness and Accuracy of Information.''

III

    Based on the above, Mr. Tang Wee, 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 which constitutes a 
violation of 10 CFR 50.5. Further, Mr. Tang Wee, a licensed senior 
reactor operator at the time of the event, deliberately provided to NRC 
investigators information which he knew to be inaccurate in some 
respect material to the NRC, in violation of 10 CFR 55.9.
    The NRC must be able to rely on its licensees and their employees, 
especially NRC-licensed operators, to comply with NRC requirements, 
including the requirement to provide information and maintain records 
that are complete and accurate in all material respects. Mr. Tang Wee's 
action in causing CECo to violate its license conditions and his 
misrepresentations to the NRC have raised serious doubt as to whether 
he can be relied upon to comply with NRC requirements applicable to 
licensed facilities and licensed individuals and to provide complete 
and accurate information to the NRC. Mr. Tang Wee's deliberate 
misconduct that caused CECo to violate Commission requirements, and his 
false statements to Commission officials, 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. Tang Wee 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. Tang 
Wee 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. Tang Wee 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 in order to ensure that such employer is aware of 
Mr. Tang Wee's previous history. For five years from the date of the 
Order, Mr. Tang Wee is also required to notify the NRC of his 
employment by any person engaged in 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, 107, 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 
55.61, it is hereby ordered, effective immediately, that:
    A. Mr. Tang Wee is prohibited for three years from the date of this 
Order from engaging in activities licensed by the NRC.
    B. Should Mr. Tang Wee seek employment in non-licensed activities 
with any person engaged in NRC-licensed activities in the three years 
from the date of this Order, Mr. Tang Wee shall provide a copy of this 
Order to such person at the time Mr. Tang Wee 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 licensed activities in NRC 
jurisdiction 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. Tang Wee 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 from an employer 
engaged in NRC-licensed activities, as described in Paragraph IV.B, 
above.
    D.After the three year prohibition has expired as described in 
Paragraphs IV.A and B, above, Mr. Tang Wee shall provide notice to the 
Director, Office of Enforcement, of 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. Tang Wee 
of good cause.

V

    In accordance with 10 CFR 2.202, Mr. Tang Wee 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. Tang Wee 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. Tang Wee, if the answer or hearing request is by 
a person other than Mr. Tang Wee. If a person other than Mr. Tang Wee 
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. Tang Wee 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. Tang Wee, 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 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 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. 94-10374 Filed 4-29-94; 8:45 am]
BILLING CODE 7590-01-M