[Federal Register Volume 79, Number 89 (Thursday, May 8, 2014)]
[Notices]
[Pages 26466-26469]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-10582]
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NUCLEAR REGULATORY COMMISSION
[IA-13-064; NRC-2014-0103]
In the Matter of Daniel Wilson
AGENCY: Nuclear Regulatory Commission.
ACTION: Order; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an
order prohibiting Mr. Wilson from involvement in NRC-licensed
activities for a period of 1 year. The order also requires Mr. Wilson
to notify the NRC of any current involvement in NRC-licensed
activities, to immediately cease those activities, and to notify the
NRC of the name, address, and telephone number of the employer.
DATES: Effective Date: See attachment.
ADDRESSES: Please refer to Docket ID NRC-2014-0103 when contacting the
NRC about the availability of information regarding this document. You
may access publicly-available information related to this action by the
following methods:
Federal Rulemaking Web Site: Go to http://www.regulations.gov and search for Docket ID NRC-2014-0103. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: [email protected].
NRC's Agencywide Documents Access and Management System
(ADAMS): You may access publicly available documents online in the NRC
Library at http://www.nrc.gov/reading-rm/adams.html. To begin the
search, select ``ADAMS Public Documents'' and then select ``Begin Web-
based ADAMS Search.'' For problems with ADAMS, please contact the NRC's
Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-
4737, or by email to [email protected]. The ADAMS accession number
for each document referenced in this document (if that document is
available in ADAMS) is provided the first time that a document is
referenced.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT: Robert G. Carpenter, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-
1330, email: [email protected].
SUPPLEMENTARY INFORMATION: The text of the Order is attached.
Dated at Rockville, Maryland, this 29th day of April 2014.
For the Nuclear Regulatory Commission.
Roy P. Zimmerman,
Director, Office of Enforcement.
Order Prohibiting Involvement in NRC-Licensed Activities
I
Daniel Wilson (Mr. Wilson) was formally employed as the Chemistry
Manager at the Entergy Nuclear Operations (ENO) Indian Point Energy
Center (Licensee). ENO holds License Nos. DPR-26 and DPR-64 issued by
the U.S. Nuclear Regulatory Commission (NRC or Commission) pursuant to
Part 50 of Title 10 of the Code of Federal Regulations (10 CFR) on
September 28, 1973 and December 12, 1975, respectively. The licenses
authorize the operation of Indian Point Nuclear Generating Units 2 and
3 in accordance with the conditions specified therein. The facility is
located on the Licensee's site in Buchanan, New York.
II
Between March 30, 2012, and March 26, 2013, an investigation was
conducted at IP to determine if Mr. Wilson, while employed as the IP
Chemistry Manager, deliberately entered false data into a Chemistry
database pertaining to an emergency diesel generator (EDG) fuel oil
storage tank (FOST) and the reserve fuel oil storage tank (RFOST). Per
the IP Technical Specifications (TS), the fuel oil is sampled nominally
every 92 days and analyzed to determine if it is within limits for
specified parameters, including total particulate concentration. If the
particulate concentration is above the stated limit, it must be
restored to below the limit within seven days for an FOST, or 30
[[Page 26467]]
days for the RFOST; otherwise, ENO must immediately declare the
associated EDGs inoperable. For the RFOST, all the EDGs would be
declared inoperable, which would require ENO to shutdown both operating
units.
During a self-assessment conducted in January/February 2012 to
prepare for an upcoming NRC Component Design Bases Inspection, ENO
staff at IP reviewed the EDG fuel oil delivery systems and storage
tanks. The IP self-assessment team identified that: (1) Results of
RFOST samples taken on June 17, 2011, and December 1, 2011, were not
entered into the Chemistry Department database until July 14, 2011, and
January 23, 2012, respectively; and (2) although both samples exceeded
the TS particulate limits, no condition reports (CRs) had been written
to document the issues and notify site operations and, evidently, no
re-sampling performed to confirm that the oil had been restored to
below the limit within the 30-day allowed outage time.
On February 2, 2012, the IP self-assessment team inquired of
Chemistry department staff, including Mr. Wilson, about this issue.
Subsequently, on February 5, 2012, Mr. Wilson entered information in
the Chemistry database indicating that re-samples for the June 17,
2011, and December 1, 2011, RFOST samples had, in fact, been performed
on June 29, 2011, and December 9, 2011, respectively (i.e., within the
30 day period allowed by TS), and that the re-samples were below the TS
particulate limit. However, during the OI investigation, Mr. Wilson
admitted to OI that the re-samples had actually not been obtained. Mr.
Wilson informed OI that he had entered false values in the database
instead of documenting the issue in a CR or otherwise informing the IP
Operations Department that the site was operating in violation of its
TS. Mr. Wilson also admitted that he similarly entered false re-sample
data for the IP 22 EDG FOST after identifying that the TS particulate
limit had been exceeded for a November 18, 2011, sample taken from that
tank. Namely, on February 6, 2012, Mr. Wilson entered data to indicate
that a resample had been performed on December 7, 2011, and that the
resample was below the TS particulate limit.
During the investigation, Mr. Wilson testified to OI that he
entered the false values because he believed the original sample
results were incorrect as a result of poor IP Chemistry Department
sampling practices. Namely, the samples had been obtained from the
bottom of the RFOST and shipped in a tin-coated can; both practices
that were specifically not recommended by newer industry guidance
because sediment could collect at the bottom of the tank and the tin
coating could contaminate the samples. Mr. Wilson said that he did not
report the out-of-specification results because he wanted more time to
prove his theory and incorporate new test methods, and he did not want
the plant to shut down when he did not believe it really needed to do
so.
Based on the OI investigation, the NRC determined that Mr. Wilson
committed multiple apparent violations (AVs), pursuant to 10 CFR 50.5,
in that he deliberately: (a) Caused ENO to remain in violation of the
TS Limiting Condition for Operation for the RFOST and 22 FOST for
longer than it would have had Mr. Wilson taken the appropriate action
of informing IP Operations; and, (b) provided to ENO incomplete and
inaccurate information that was material to the NRC by entering false
data into the chemistry database and/or related condition reports to
indicate that the RFOST and the 22 FOST had been resampled, and the
results had been within TS limits when, in fact, resamples had not been
taken.
In a letter dated December 18, 2013, the NRC described the AV and
informed Mr. Wilson that the NRC was considering escalated enforcement
action against him. In the letter, we also offered Mr. Wilson the
opportunity to discuss the AV during a pre-decisional enforcement
conference (PEC) or to engage the NRC in an alternative dispute
resolution (ADR) mediation session or to provide a written response
before we made our enforcement decision.
In a December 27, 2013, telephone call with the NRC Acting Deputy
Assistant General Counsel, Mr. Wilson's attorney informed the NRC that
he neither required a PEC or an ADR mediation session, nor intended to
submit a written response, but that Mr. Wilson was willing to cooperate
with the NRC.
III
Based on the above, the NRC has concluded that Daniel Wilson, a
former employee of the Licensee, engaged in deliberate misconduct that
has: (1) Caused the Licensee to operate IP Units 2 and 3 in violation
of their TS requirements for a longer period than if he had written a
CR (or otherwise notified the IP Operations Department of the issue);
and (2) prevented ENO from informing the NRC of this TS-prohibited
condition, in violation of 10 CFR 50.73.
NRC must be able to rely on the Licensee and its employees to
comply with NRC requirements, including site TS, which establish limits
for the safe operation of nuclear reactor facilities and actions to
take when such limits are not met. Mr. Wilson's actions to
independently interpret the validity of a TS limit and deliberately
disregard the actions required for an exceeded TS limit have raised
serious doubt as to whether he can be relied upon to comply with NRC
requirements.
Consequently, I lack the reasonable assurance that licensed
activities can be conducted in compliance with Commission requirements
and that the health and safety of the public will be protected, if
Daniel Wilson were permitted at this time to be involved in NRC-
licensed activities. Therefore, the public health and safety, and the
common defense and security of the nation require that Mr. Wilson be
prohibited from any involvement in NRC-licensed activities for a period
of one year from the date of this Order.
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
that:
1. Daniel Wilson is prohibited for one year from the date of this
Order from engaging in, supervising, directing, or in any other way
conducting NRC-licensed activities. 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 in the NRC's jurisdiction pursuant
to the authority granted by 10 CFR 150.20.
2. If Daniel Wilson is currently involved with another licensee in
NRC-licensed activities, he must immediately cease those 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.
The Director, Office of Enforcement, or designee, may, in writing,
relax or rescind any of the above conditions upon demonstration by
Daniel Wilson of good cause.
V
Any person adversely affected by this Order may submit a written
answer to this Order within 30 days of issuance. In addition, Daniel
Wilson and any other person adversely affected by this Order may
request a hearing on this Order within 30 days of issuance. Where good
cause is shown, consideration will be given to extending the time to
answer or request a hearing.
[[Page 26468]]
A request for extension of time must be made in writing to the
Director, Office of Enforcement, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-001, and include a statement of good cause for the
extension.
All documents filed in NRC adjudicatory proceedings, including a
request for hearing, a petition for leave to intervene, any motion or
other document filed in the proceeding prior to the submission of a
request for hearing or petition to intervene, and documents filed by
interested governmental entities participating under 10 CFR 2.315(c),
must be filed in accordance with the NRC E-Filing rule (72 FR 49139,
August 28, 2007, as amended by 77 FR 46562, August 3, 2012), codified
in pertinent part at 10 CFR Part 2, Subpart C. The E-Filing process
requires participants to submit and serve all adjudicatory documents
over the Internet, or in some cases to mail copies on electronic
storage media. Participants may not submit paper copies of their
filings unless they seek an exemption in accordance with the procedures
described below. To comply with the procedural requirements of E-
Filing, at least 10 days prior to the filing deadline, the participant
should contact the Office of the Secretary by email at
[email protected], or by telephone at (301) 415-1677, to: (1)
Request a digital ID certificate, which allows the participant (or its
counsel or representative) to digitally sign documents and access the
E-Submittal server for any proceeding in which it is participating; and
(2) advise the Secretary that the participant will be submitting a
request or petition for hearing (even in instances in which the
participant, or its counsel or representative, already holds an NRC-
issued digital ID certificate). Based upon this information, the
Secretary will establish an electronic docket for the hearing in this
proceeding if the Secretary has not already established an electronic
docket.
Information about applying for a digital ID certificate is
available on NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/apply-certificates.html. System requirements for accessing
the E-Submittal server are detailed in NRC's ``Guidance for Electronic
Submission,'' which is available on the agency's public Web site at
http://www.nrc.gov/site-help/e-submittals.html. Participants may
attempt to use other software not listed on the Web site, but should
note that the NRC's E-Filing system does not support unlisted software,
and the NRC Meta System Help Desk will not be able to offer assistance
in using unlisted software.
If a participant is electronically submitting a document to the NRC
in accordance with the E-Filing rule, the participant must file the
document using the NRC's online, Web-based submission form. In order to
serve documents through the Electronic Information Exchange System,
users will be required to install a Web browser plug-in from the NRC
Web site. Further information on the Web-based submission form,
including the installation of the Web browser plug-in, is available on
the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html.
Once a participant has obtained a digital ID certificate and a
docket has been created, the participant can then submit a request for
hearing or petition for leave to intervene. Submissions should be in
Portable Document Format (PDF) in accordance with NRC guidance
available on the NRC public Web site at http://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the
documents are submitted through the NRC's E-Filing system. To be
timely, an electronic filing must be submitted to the E-Filing system
no later than 11:59 p.m. Eastern Time (ET) on the due date. Upon
receipt of a transmission, the E-Filing system time-stamps the document
and sends the submitter an email notice confirming receipt of the
document. The E-Filing system also distributes an email notice that
provides access to the document to the NRC Office of the General
Counsel and any others who have advised the Office of the Secretary
that they wish to participate in the proceeding, so that the filer need
not serve the documents on those participants separately. Therefore,
any others who wish to participate in the proceeding (or their counsel
or representative) must apply for and receive a digital ID certificate
before a hearing request/petition to intervene is filed so that they
can obtain access to the document via the E-Filing system.
A person filing electronically using the agency's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System
Help Desk through the ``Contact Us'' link located on the NRC Web site
at http://www.nrc.gov/site-help/e-submittals.html, by email at
[email protected], or by a toll-free call at (866) 672-7640. The
NRC Meta System Help Desk is available between 8 a.m. and 8 p.m., ET,
Monday through Friday, excluding government holidays.
Participants who believe that they have a good cause for not
submitting documents electronically must file an exemption request, in
accordance with 10 CFR 2.302(g), with their initial paper filing
requesting authorization to continue to submit documents in paper
format. Such filings must be submitted by: (1) First class mail
addressed to the Office of the Secretary of the Commission, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention:
Rulemaking and Adjudications Staff; or (2) courier, express mail, or
expedited delivery service to the Office of the Secretary, Sixteenth
Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland
20852, Attention: Rulemaking and Adjudications Staff. Participants
filing a document in this manner are responsible for serving the
document on all other participants. Filing is considered complete by
first-class mail as of the time of deposit in the mail, or by courier,
express mail, or expedited delivery service upon depositing the
document with the provider of the service. A presiding officer, having
granted an exemption request from using E-Filing, may require a
participant or party to use E-Filing if the presiding officer
subsequently determines that the reason for granting the exemption from
use of E-Filing no longer exists.
Documents submitted in adjudicatory proceedings will appear in
NRC's electronic hearing docket, which is available to the public at
http://ehd1.nrc.gov/ehd/, unless excluded pursuant to an order of the
Commission or the presiding officer. Participants are requested not to
include personal privacy information, such as social security numbers,
home addresses, or home phone numbers in their filings, unless an NRC
regulation or other law requires submission of such information. With
respect to copyrighted works, participants are requested not to include
copyrighted materials in their submission, except for limited excerpts
that serve the purpose of the adjudicatory filings and constitute a
Fair Use application.
If a person other than Daniel Wilson 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 2.309(d) and (f).
If a hearing is requested by the recipient or a person whose
interest is adversely affected, the Commission will issue an Order
designating the time and place of any hearings. If a hearing is held,
the issue to be considered at such hearing shall be whether this Order
[[Page 26469]]
should be sustained. 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 30 days
from the date this Order is issued 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.
Dated at Rockville, Maryland, this 29th day of April 2014.
For the Nuclear Regulatory Commission.
Roy P. Zimmerman,
Director, Office of Enforcement.
[FR Doc. 2014-10582 Filed 5-7-14; 8:45 am]
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