[Federal Register Volume 70, Number 165 (Friday, August 26, 2005)]
[Notices]
[Pages 50426-50427]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-4686]
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NUCLEAR REGULATORY COMMISSION
[IA-05-007]
In the Matter of Joseph Guariglia; Confirmatory Order (Effective
Immediately)
I
Mr. Joseph Guariglia (Mr. Guariglia) is employed by Nine Mile Point
Nuclear Station, LLC, at the Nine Mile Point Nuclear Station. The
facility is located in Lycoming, NY. In June 2000, Mr. Guariglia was a
fire protection supervisor at the facility.
II
Following the receipt of information in January 2004, an
investigation was initiated by the NRC's Office of Investigations (OI),
Region I, on February 3, 2004, at the Nine Mile Point Nuclear Station.
This investigation was initiated to determine whether Mr. Guariglia
deliberately violated conditions of the Nine Mile Point Unit 2 license
by compromising an unannounced fire drill in June 2000. Based on the
evidence developed during its investigation, OI substantiated that Mr.
Guariglia deliberately compromised the unannounced fire drill in June
2000. Mr. Guariglia was informed of the NRC finding in a letter dated
March 18, 2005.
III
In response to the NRC's March 18, 2005 letter, Mr. Guariglia
requested the use of Alternative Dispute Resolution (ADR) to resolve
this matter. ADR is a process in which a neutral mediator, with no
decision-making authority, assisted the NRC and Mr. Guariglia to
resolve any disagreements on whether a violation occurred, the
appropriate enforcement action, and the appropriate corrective actions.
An ADR session was held between Mr. Guariglia and the NRC in
Philadelphia, PA, on June 22, 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. The NRC determined that a violation occurred when an unannounced
fire drill at Nine Mile Point Unit 2 was compromised in June 2000. This
was contrary to technical specifications and 10 CFR Part 50, Appendix
R, which require that persons planning and authorizing an unannounced
fire drill shall ensure that the responding shift fire brigade members
are not aware that a fire drill is being planned until it is begun.
2. The NRC maintains that Mr. Guariglia deliberately compromised
the fire drill when he called the fire brigade leader to inform him of
its time and location. Because Mr. Guariglia's deliberate actions
placed Nine Mile Point 2 in violation of NRC requirements, Mr.
Guariglia was in violation of 10 CFR 50.5. Mr. Guariglia maintains that
he does not recall the specifics associated with this fire drill.
However, in light of the evidence available, Mr. Guariglia agreed that
the fire drill was compromised and agreed that he was in violation of
10 CFR 50.5.
3. Mr. Guariglia, subsequent to the identification of this
violation, will take actions to assure that he learned from this
violation and provide the NRC with assurance that it will not recur.
These actions include (a) writing an article to share with the
Constellation fleet that explains the importance of following
procedural requirements, maintaining the integrity of unannounced fire
drills, and maintaining a questioning attitude to verify and validate
decisions and (b) prior to December 31, 2005, participating in a stand-
down meeting with appropriate fire protection staff and describing the
lessons learned from the compromised fire drill and the importance of
raising concerns when an issue does not comply with requirements.
4. In light of Mr. Guariglia's agreement to Items 1 and 2 and the
actions he will take as described in Item 3, the NRC agrees to issue a
Notice of Violation without a specified severity level, to Mr.
Guariglia. The NRC will place the Notice of Violation, which will be
publically available in ADAMS, on the NRC ``Significant Enforcement
Actions--Individuals'' website. The Notice of Violation will be placed
on the ``Significant Enforcement Actions--Individuals'' Web site no
longer than 1 year.
5. Mr. Guariglia agreed to issuance of a Confirmatory Order
confirming this agreement.
IV
Since Mr. Guariglia has agreed to take additional actions to
address NRC concerns, as set forth in Section III above, 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. Guariglia's commitments as set forth in Section III
above are acceptable. However, in view of the foregoing, I have
determined that these commitments shall be confirmed by this
Confirmatory Order. Based on the above and Mr. Guariglia'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 50, It is hereby ordered,
that prior to December 31, 2005:
1. Mr. Guariglia shall write an article to share with the
Constellation fleet that explains the importance of following
procedural requirements, maintaining the integrity of unannounced fire
drills, and maintaining a questioning attitude to verify and validate
decisions.
2. Mr. Guariglia shall participate in a stand-down meeting with
appropriate fire protection staff and describe the lessons learned from
the compromised fire drill and the importance of raising concerns when
an issue does not comply with requirements.
3. Mr. Guariglia shall notify the NRC, in writing, within 30 days
of completion of the actions described in Items 1 and 2 above.
The Director, Office of Enforcement, may relax or rescind, in
writing, any of the above conditions upon a showing by Mr. Guariglia of
good cause.
VI
Any person adversely affected by this Confirmatory Order, other
than Mr. Guariglia, 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
[[Page 50427]]
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 Mr. Guariglia. Because Mr.
Guariglia's home address has been deleted pursuant to 10 CFR 2.390, his
copy should be provided to the NRC Office of Enforcement who will
forward it to Mr. Guariglia. 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 18th day of August, 2005.
For the Nuclear Regulatory Commission.
Michael Johnson,
Director, Office of Enforcement.
[FR Doc. E5-4686 Filed 8-25-05; 8:45 am]
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