[Federal Register Volume 63, Number 43 (Thursday, March 5, 1998)]
[Notices]
[Pages 10955-10957]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-5711]


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NUCLEAR REGULATORY COMMISSION

[IA 97-067]


In the Matter of Julian H. McGriff; Order Prohibiting Involvement 
in NRC-Licensed Activities; Effective Immediately

I

    During the period of April 1996 through March 5, 1997, Julian H. 
McGriff was employed by Southern Nuclear Operating Company, Inc. (SNC 
or licensee) at its Joseph M. Farley Nuclear Plant as an Emergency 
Preparedness Technician. SNC holds License Nos. NPF-2 and NPF-8 for 
Joseph M. Farley Nuclear Plant Units 1 and 2 issued by the Nuclear 
Regulatory Commission (NRC or Commission) pursuant to 10 CFR Part 50 on 
June 25, 1977, and March 31, 1981, respectively. The licenses authorize 
SNC to operate the Joseph M. Farley Nuclear Plant (FNP or licensee) 
Units 1 and 2 in accordance with the conditions specified therein.

II

    During an audit conducted by the licensee for the period November 
25, 1996, through February 19, 1997, an inconsistency was identified 
relating to the documentation associated with the monthly check of a 
self-contained breathing apparatus (SCBA) on the 83 foot elevation of 
the FNP Unit 2 Auxiliary Building. The monthly check was required by 
Procedure FNP-0-EIP 16, Emergency Equipment and Supplies, Revision 31. 
Subsequently, the licensee performed a more in-depth investigation and 
determined that a December 17, 1996 inspection, documented by Mr. 
Julian H. McGriff, had not been conducted. The licensee identified 
approximately 36 additional discrepancies in the documentation 
associated with Mr. McGriff's inspections of emergency equipment. 
Specifically, the licensee identified instances where inventory 
checklists were completed on dates different from the date the 
inspections were actually conducted, the deliberate misdating of 
checklists, and the completion of checklists for inspections never 
conducted. Mr. McGriff was terminated from employment with SNC on March 
5, 1997.
    On June 30, 1997, the NRC Office of Investigations (OI) completed 
an investigation of the alleged falsification of emergency preparedness 
checklists by Mr. McGriff. OI, in Report No. 2-97-005, concluded that 
during the period April 1996 through January 1997, Mr. McGriff failed 
to conduct at least three required inspections and deliberately 
falsified at least four checklists. The finding was based on the fact 
that inventory checklist documentation did not coincide with plant 
access records for Mr. McGriff, which indicated that entries were not 
made into the documented areas on the dates indicated on the 
checklists. Specifically, based on plant access data, the following 
checklist entries were falsified: (1) a December 17, 1996, entry for an 
inspection of the SCBA on the 83 foot elevation of the FNP Unit 2 
Auxiliary Building that was documented but not performed; (2) a July 
12, 1996, entry for an inspection of the SCBA in the Diesel Generator 
Building that was not performed; (3) an entry for an inspection of 
emergency supplies located in the Auxiliary Building that was 
intentionally documented as being performed on September 4, 1996, due 
to admonitions from Mr. McGriff's supervisor regarding the timeliness 
of inventory checks, when it was actually performed on September 30, 
1996; and (4) a September 30, 1996, entry for an inspection of SCBAs in 
the Diesel Generator Building that was never performed. Numerous other 
instances where documentation did not coincide with plant access 
records for Mr. McGriff were also identified.
    FNP Technical Specification (TS) 6.8.1.e requires that written 
procedures be established and implemented for Emergency Plan 
implementation. Emergency Plan Implementing Procedure FNP-0-EIP-16.0, 
Emergency Equipment and Supplies, Revision 31 requires periodic 
inventory verification of emergency equipment and supplies. Records 
associated with FNP-0-EIP-016, a safety related procedure at Farley, 
are required to be maintained in accordance with Section 17.2 of the 
licensee's 10 CFR Appendix B required Quality Assurance Operations 
Manual, Revision 32. The checklists, that are to be completed pursuant 
to FNP-0-EIP-016, are required to be maintained for the lifetime of the 
plant in accordance with Section 8.7 of licensee procedure FNP-0-AP-4, 
Control of Plant Records, Revision 18. FNP-0-AP-4 implements item 1.h 
of Appendix A to Regulatory Guide 1.33, dated 1978, and is required to 
be established, implemented and maintained in accordance with TS 
6.8.1.a. The failure to perform the emergency equipment inventories as 
prescribed by FNP procedures is a violation of TS 6.8.1.e. In addition, 
10 CFR 50.9(a) states, in part, that information required by the 
Commission's regulations to be maintained by the licensee shall be 
complete and accurate in all material respects. The failure of SNC to 
maintain complete and accurate records of emergency equipment 
inspections due to Mr. McGriff's falsification of inventory checklists 
is a violation of 10 CFR 50.9(a). The inaccuracy of these records is 
material because the licensee and the NRC relied upon them to determine 
the availability and status of emergency equipment.
    On August 22, 1997, the NRC sent a letter to Mr. McGriff advising 
him that his actions appeared to be in violation of 10 CFR 50.5, 
``Deliberate Misconduct.'' 10 CFR 50.5, in part, prohibits an employee 
of a licensee from (1) engaging in deliberate misconduct that causes a 
licensee to be in violation of any rule or regulation or license

[[Page 10956]]

condition or limitation of any license issued by the Commission; or (2) 
deliberately submitting to a licensee information that the person 
submitting the information knows to be incomplete or inaccurate in some 
respect material to the NRC.
    Mr. McGriff was offered the opportunity to either attend a 
predecisional enforcement conference or respond to the apparent 
violation in writing. After being granted an extension, Mr. D. Lewis 
Terry, Esquire, on behalf of Mr. McGriff, responded by letter dated 
October 28, 1997, to the apparent violation admitting that several of 
the inspections for which Mr. McGriff was responsible were not 
conducted and explaining the various discrepancies in Mr. McGriff's 
documentation of the inventories. The explanation of the discrepancies 
did not refute the violations, but merely provided Mr. McGriff's 
rationale for why he chose not to perform the required emergency 
equipment inventories and why documentation of inventories did not 
match his plant access records. Notwithstanding this explanation, the 
result was that records indicated completed inventories which were not 
performed on the dates specified. Mr. McGriff made no attempt to 
indicate to either his supervisor or document that he was not 
completing the records at the time of the inspections. In addition, he 
failed to annotate records to explain his assumptions and expectations 
rather than perform certain required emergency equipment inventories 
based on visual observation.

III

    Based on the above, it appears that Mr. McGriff engaged in 
deliberate misconduct when he failed to perform certain required 
inspections of emergency equipment and deliberately falsified inventory 
checklists that SNC and the NRC relied upon to determine the 
availability and status of emergency equipment. Mr. McGriff's 
deliberate misconduct caused the licensee to be in violation of FNP TS 
6.8.1.e and 10 CFR 50.9(a) and is, therefore, a violation of 10 CFR 
50.5(a)(1) and (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 availability and operability 
of equipment used in emergency situations and requirements to maintain 
records that are complete and accurate in all material respects. Mr. 
McGriff's deliberate misconduct, that caused the licensee to violate TS 
6.8.1.e 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. 
McGriff were permitted to be involved in NRC-licensed activities at 
this time. Therefore, public health, safety and interest require that 
Mr. McGriff be prohibited from any involvement in NRC-licensed 
activities for a period of three years from the date of his dismissal 
from SNC, March 5, 1997, and, if he is currently involved with another 
licensee in performing 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. McGriff 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. McGriff'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. Julian H. McGriff is prohibited until March 5, 2000, from 
engaging in or exercising control over individuals engaged in NRC-
licensed activities. If Mr. McGriff 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. 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 Paragraph IV.A above, Mr. Julian H. McGriff 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, D.C. 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. McGriff 
of good cause.

V

    In accordance with 10 CFR 2.202, Mr. McGriff must 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. McGriff 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 Adjudications 
Staff, Washington, D.C. 20555. Copies also shall be sent to the 
Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, 
Washington, D.C. 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. McGriff if the answer or 
hearing request is by a person other than Mr. McGriff. If a person 
other than Mr. McGriff 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. McGriff, 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

[[Page 10957]]

shall be whether this Order should be sustained.
    Pursuant to 10 CFR 2.202(c)(2)(i), Mr. McGriff 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 23rd day of February 1998.
Ashok C. Thadani,
Acting Deputy Executive Director for Regulatory Effectiveness.
[FR Doc. 98-5711 Filed 3-4-98; 8:45 am]
BILLING CODE 7580-01-P