[Federal Register Volume 70, Number 139 (Thursday, July 21, 2005)]
[Notices]
[Pages 42110-42111]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-14359]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 55-61290; License No. SOP-11768; IA-05-15]


In the Matter of Richard M. Probasco; Confirmatory Order 
(Effective Immediately)

I

    Richard M. Probasco (Mr. Probasco) is employed as a Shift Manager 
at the Pilgrim Nuclear Power Station (Pilgrim). Mr. Probasco is the 
holder of Senior Reactor Operator (SRO) License Number SOP-11768 issued 
by the Nuclear Regulatory Commission (NRC) pursuant to 10 CFR Part 55. 
The license authorizes Mr. Probasco to direct the licensed activities 
of licensed operators at, and to manipulate all controls of, the 
Pilgrim Nuclear Power Station, facility license number DPR-35. The 
facility is located on an Entergy Nuclear Operations, Inc. site in 
Plymouth, MA.

II

    An investigation was initiated by the NRC Office of Investigations 
(OI) on August 27, 2004, at Pilgrim. This investigation was initiated, 
in part, to determine if Mr. Probasco did not take appropriate 
corrective actions when he became aware of the inattentiveness of a 
Control Room Supervisor (CRS) on June 29, 2004. Based on the evidence 
developed during its investigation, OI substantiated that, in careless 
disregard for requirements, Mr. Probasco did not immediately relieve 
the CRS from duty, have him for-cause fitness-for-duty tested, inform 
appropriate site personnel, and initiate a Condition Report (CR).

III

    In response to a March 23, 2005 letter, Mr. Probasco requested the 
use of Alternative Dispute Resolution (ADR) to resolve this matter with 
the NRC. ADR is a process in which a neutral mediator with no decision-
making authority assists the NRC and Mr. Probasco in reaching an 
agreement on resolving any differences regarding the enforcement 
action. An ADR session was held between Mr. Probasco and the NRC in 
Philadelphia, Pennsylvania on May 17, 2005, and was mediated by a 
professional mediator, arranged through Cornell University's Institute 
of Conflict Management. During that ADR session, a settlement agreement 
was reached. The elements of the settlement agreement consisted of the 
following:
    1. Mr. Probasco agreed that he violated an NRC requirement by not 
properly documenting and informing management of his observation that a 
CRS was inattentive to duty in the control room on June 29, 2004.
    2. The NRC maintained that Mr. Probasco's actions in violating the 
requirement was in careless disregard of an NRC requirement. Mr. 
Probasco contended that while he erred in violating the requirement, 
his actions were not willful, in careless disregard of an NRC 
requirement. The NRC and Mr. Probasco agreed to disagree on this point.
    3. Mr. Probasco, subsequent to the identification of this 
violation, took actions to assure that he learned from this violation 
and provided the NRC with assurance that it would not recur. These 
actions included: (a) Sharing the March 23, 2005 letter from the NRC 
with his SRO peers at Pilgrim to emphasize the significance of the 
violation; (b) participating actively to share his experience with all 
Entergy plants via a corporate notification; and (c) contributing to 
the preparation of an

[[Page 42111]]

operating experience report with the Institute of Nuclear Power 
Operations.
    4. As a result of Mr. Probasco's actions, he recognized an 
opportunity for licensed operators at Pilgrim, as well as licensed 
operators at other nuclear facilities, to learn from his violation. Mr. 
Probasco agreed to participate in future training sessions at Pilgrim, 
including crew training, teamwork training, lifestyle training, and 
requalification module development, to convey his personal lessons-
learned from this matter. Mr. Probasco also agreed to convey his 
personal lessons-learned to other licensed operators at other nuclear 
power plants by issuance of a letter, within 90 days of issuance of the 
Letter of Reprimand referenced in Section III.5 below, to the 
Communicator (the publication of the Professional Reactor Operator 
Society) requesting publication therein, and making a presentation at a 
future symposium at a meeting of the Professional Reactor Operator 
Society, if invited.
    5. In light of the actions Mr. Probasco has taken as described in 
Item 3 above, those actions he has committed to do as described in Item 
4 above, and his agreement to a Letter of Reprimand, the NRC agrees not 
to issue an Order or a Notice of Violation to Mr. Probasco. However, 
Mr. Probasco agreed to placement of this Letter of Reprimand into ADAMS 
as a publically available document, and its placement on the NRC 
``Significant Enforcement Actions--Individuals'' Web site for a period 
of 1 year (the period of time the NRC routinely places Notices of 
Violation at Severity Level III and above to individuals).
    Since Mr. Probasco has agreed to take additional actions to address 
NRC concerns, as set forth in Section III, the NRC has concluded that 
its concerns can be resolved through the NRC's confirmation of the 
commitments as outlined in this Confirmatory Order.
    I find that Mr. Probasco's commitments as set forth in Section III 
above are acceptable. However, in view of the foregoing, I have 
determined that these commitments be confirmed by this Confirmatory 
Order. Based on the above and Mr. Probasco's consent, this Confirmatory 
Order is immediately effective upon issuance.

V

    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 Part 55, it is hereby ordered, 
effective immediately that:
    1. Mr. Probasco participate in future training sessions at Pilgrim, 
including crew training, teamwork training, lifestyle training, and 
requalification module development, to convey his personal lessons-
learned from this matter. Mr. Probasco will also convey his personal 
lessons-learned to other licensed operators at other nuclear power 
plants by issuance of a letter, within 90 days, to the Communicator 
(the publication of the Professional Reactor Operator Society) 
requesting publication therein, and making a presentation at a future 
symposium at a meeting of the Professional Reactor Operator Society, if 
invited.
    2. Mr. Probasco provide the NRC with one letter detailing his 
completion of all actions specified in Item 1 above, within 30 days of 
completion of these actions.
    The Director, Office of Enforcement may relax or rescind, in 
writing, any of the above conditions upon a showing by Mr. Probasco of 
good cause.

VI

    Any person adversely affected by this Confirmatory Order, other 
than Mr. Probasco, may request a hearing within 20 days of its 
issuance. 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 must 
include a statement of good cause for the extension. Any request for a 
hearing shall be submitted to the Secretary, U.S. Nuclear Regulatory 
Commission, ATTN: Chief, Rulemaking and Adjudications Staff, 
Washington, DC 20555. Copies of the hearing request shall also be sent 
to the Director, Office of Enforcement, U.S. Nuclear Regulatory 
Commission, Washington DC 20555, to the Assistant General Counsel for 
Materials Litigation and Enforcement, to the Director of the Division 
of Regulatory Improvement Programs at the same address, and to Baxter. 
Because of continuing disruptions in delivery of mail to United States 
Government offices, it is requested that answers and requests for 
hearing be transmitted to the Secretary of the Commission either by 
means of facsimile transmission to 301-415-1101 or by e-mail to 
[email protected] and also to the Office of the General Counsel by 
means of facsimile transmission to 301-415-3725 or e-mail to 
[email protected]. If such a person 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 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 Confirmatory Order shall be 
sustained.
    An answer or a request for a hearing shall not stay the 
effectiveness date of this Order.

    Dated this 14th day of July, 2005.

    For the Nuclear Regulatory Commission.
Michael R. Johnson,
Director, Office of Enforcement.
[FR Doc. 05-14359 Filed 7-20-05; 8:45 am]
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