[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
