[Federal Register Volume 59, Number 83 (Monday, May 2, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-10371]
[[Page Unknown]]
[Federal Register: May 2, 1994]
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NUCLEAR REGULATORY COMMISSION
[IA 94-008]
Sean G. Miller, Coal City, IL; Order Prohibiting Involvement in
NRC-Licensed Activities (Effective Immediately)
I
Mr. Sean G. Miller was formerly employed by the Commonwealth Edison
Company (CECo) from June 18, 1990, until he resigned his employment on
December 2, 1992. He most recently held the position of Qualified
Nuclear Engineer (QNE) with responsibilities involving compliance with
NRC requirements for the operation of a nuclear power plant. CECo holds
Facility Licenses DPR-19 and DPR-25 issued by the Nuclear Regulatory
Commission (NRC or Commission) pursuant to 10 CFR part 50. The licenses
authorize CECo to operate the Dresden Nuclear Station Units 2 and 3
located near Morris, Illinois. The licenses were issued by the NRC on
December 22, 1969, and March 2, 1971, respectively.
II
On November 24, 1992, CECo notified the NRC that CECo senior
managers had just become aware of an incident that had occurred on
September 18, 1992, when Unit 2 was operating at 75% power. A Nuclear
Station Operator (NSO), a licensed reactor operator, had incorrectly
moved control rod H-1 while repositioning control rods to change
localized power levels within the reactor core, and the event was
concealed from CECo management. Both CECo and NRC initiated an
investigation of the incident.
On September 18, 1992, the NSO, a licensed operator, erroneously
moved control rod H-1 from Position 48 (fully withdrawn) to Position
36. The NSO and two individuals in training to become nuclear engineers
were in the control room when Mr. Miller, the QNE on duty and an
unlicensed individual, recognized the NSO's error. Mr. Miller informed
the NSO of the error, the NSO continued to move control rods at Mr.
Miller's direction, without the knowledge or approval of the Station
Control Room Engineer (SCRE), and then Mr. Miller informed the SCRE of
the event. Later the SCRE spoke with Mr. Miller, the NSO and the two
nuclear engineers in training and they all agreed that they would not
discussed the incident with anyone else. As a result, neither the
mispositioned rod nor the subsequent deviation from the planned control
rod pattern were documented in the control room log, Mr. Miller
falsified a Form 14-14C plant record, and CECO management was not
informed of the incident.
Dresden Technical Specification 6.2.A.1 stated that applicable
procedures recommended in Appendix A of Regulatory Guide 1.33, Revision
2 dated February 1978, shall be established, implemented, and
maintained. Regulatory Guide 1.33, Appendix A.1.c, included
administrative procedures general plant operating procedures, and
procedures for startup, operation, and shutdown of safety related
systems.
Dresden Operating Abnormal Procedure (DOA) 300-12, ``Mispositioned
Control Rod'', Revision 2, November 1991, Section C.2, required, in
part, that if a control rod is moved more than one even notch from its
in-sequence position, then all control rod movement must be
discontinued. Section D.2.a.(1) required, in part, that if a single
control rod is inserted more than one even notch from its in-sequence
position and reactor power is greater than 20%, and if the
mispositioning occurred within the last 10 minutes, then the
mispositioned control rod must be continuously inserted to Position 00.
Section D.6 required that an upper management representative will
conduct an evaluation into the cause of the mispositioning and
implement immediate corrective actions prior to the resumption of
routine control rod movements.
These procedures were not followed. Specifically, the NSO failed to
insert the mispositioned control rod to Position 00, and continued to
move control rods solely at the direction of Mr. Miller and without the
performance of an evaluation and corrective actions by an upper
management representative.
Dresdent Administrative Procedure (DAP) 14-14, ``Control Rod
Sequences,'' Revision 0, dated November 1991, section F.1.e, required
that Form 14-14C, ``Special Instructions'', must provide instructions
which should be clearly stated and strictly adhered to and required
that the instructions be approved by the ONE (in this case, Mr. Miller)
and an operations shift supervisor. Hoover, on September 18, 1992,
following the mispositioning of control rod H-1, control rod arrays 8D2
and 5 were moved at Mr. Miller's direction and without the completion
of a Special Instruction Form 14-14C clearly stating the sequence, and
without prior approval of Mr. Miller's instructions by an operations
shift supervisor. By directing the continued movement of control rods
without the approval of a licensed operator, Mr. Miller, who is not a
licensed operator, violated 10 CAR 55.3. Furthermore, after these rods
had been moved, Mr. Miller knowingly completed a Form 14-14C to
indicate a different sequence of control rod movements than that which
actually occurred. The effect of this inaccurate Form 14-14C was to
conceal the mispositioning of control rod H-1 and the subsequent
movement of control rods in violation of plant procedures.
Based on the NRC Office of Investigations (OI) investigation of
this matter (OI Report No. 3-92-055R), I conclude that Mr. Miller,
along with certain other CECo employees, deliberately attempted to
conceal with the mispositioned control rod event by failing to document
the incident as required by plant procedures. By falsifying the Form
14-14C, Mr. Miller deliberately put CEOo in violation of Dresden
Technical Specification 6.2.A.1, DAP 14-14, Section F.1.e., and 10 CFR
50.9, ``Completeness and Accuracy of Information''.
III
Based on the above, Mr. Miller, an employee of CECo at the time of
the event, engaged in deliberate misconduct which caused CECo to be in
violation of its license conditions and 10 CFR 50.9 and which
constitutes a violation of 10 CFR 50.5 and 10 CFR 55.3.
The NRC must be able to rely on its licensees and their employees
to comply with NRC requirements, including the requirement to maintain
records that are complete and accurate in all material respects. Mr.
Miller's action in causing CECo to violate its license conditions and
10 CFR 50.9 have raised serious doubt as to whether he can be relied
upon to comply with NRC requirements, including the requirements to
maintain complete and accurate records. Mr. Miller's deliberate
misconduct that caused CECo to violate Commission requirements cannot
and will not be tolerated.
Consequently, I lack the requisite reasonable assurance that
licensed activities can be conducted in compliance with the
Commission's requirements and that the health and safety of the public
will be protected, if Mr. Miller were permitted at this time to be
engaged in the performance of NRC-licensed and regulated activities.
Therefore, the public health, safety and interest require that Mr.
Miller be prohibited from being involved in any NRC-licensed activities
for three years from the date of this Order. In addition, for the same
period, Mr. Miller is required to give notice of this Order to any
prospective employer engaged in NRC-licensed activities as described in
Section IV, Paragraph B, below, from whom he seeks employment in non-
licensed activities to ensure that such employer is aware of Mr.
Miller's previous history. For five years from the date of this Order,
Mr. Miller is also required to notify the NRC of his employment by any
person engaged in NRC-licensed activities, as described in Section IV,
Paragraph B, below, so that appropriate inspections can be performed.
Furthermore, pursuant to 10 CFR 2.202, I find that the significance of
the 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 and 10 CFR 50.5, it is hereby ordered,
effective immediately, that:
A. Mr. Miller is prohibited for three years from the date of this
Order from engaging in activities licensed by the NRC.
B. Should Mr. Miller seek employment in non-licensed activities
with any persons engaged in NRC-licensed activities for three years
from the date of this Order, Mr. Miller shall provide a copy of this
Order to such person at the time Mr. Miller is soliciting or
negotiating employment so that the person is aware of the Order prior
to making an employment decision. For the purposes of this Order,
licensed activities include the activities of: (1) An NRC licensee; (2)
an Agreement State licensee conducting NRC-licensed activities pursuant
to 10 CFR 150.20; and (3) an Agreement State licensee involved in the
distribution of products that are subject to NRC jurisdiction.
C. For three years from the date of this Order, Mr. Miller shall
provide notice to the Director, Office of Enforcement, U.S. Nuclear
Regulatory Commission, Washington, DC 20555, of the name, address, and
telephone number of the employer, within 72 hours of his acceptance of
an employment offer involving non-licensed activities for an employer
engaged in NRC-licensed activities described in Paragraph IV.B, above.
D. After the three year prohibition has expired as described in
Paragraphs IV.A and B above, Mr. Miller shall provide notice to the
Director, Office of Enforcement, for acceptance of any employment in
NRC-licensed activity for an additional two year period.
The Director, Office of Enforcement may, in writing, relax or
rescind any of the above conditions upon demonstration by Mr. Miller of
good cause.
V
In accordance with 10 CFR 2.202, Mr. Miller must, and any other
person adversely affected by this Order may, submit an answer to this
Order, and may request a hearing within 30 days of the date of this
Order. 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. Miller or other person adversely affected 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, Docketing and Service Section, Washington, DC
20555. Copies also shall be sent to the Director, Office of
Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555;
to the Assistant General Counsel for Hearings and Enforcement at the
same address; to the Regional Administrator, Region III, U. S. Nuclear
Regulatory Commission, 801 Warrenville Road, Lisle, Illinois 60532-
4351; and to Mr. Miller, if the answer or hearing request is by a
person other than Mr. Miller. If a person other than Mr. Miller
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. Miller or 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 Order should be
sustained.
Pursuant to 10 CFR 2.202(c)(2)(i), Mr. Miller, or any person
adversely affected by this Order, may in addition to demanding a
hearing, at the time that answer is filed or sooner, move the presiding
officer to set aside the immediate affectiveness 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 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. An answer or a request
for a hearing shall not stay the immediate effectiveness of this Order.
Dated at Rockville, Maryland this 21 day of April 1994.
For the Nuclear Regulatory Commission.
James L. Milhoan,
Deputy Executive Director for Nuclear Reactor Regulation, Regional
Operations and Research.
[FR Doc. 94-10371 Filed 4-29-94; 8:45 am]
BILLING CODE 759-01-M
