[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: 94-10374]
[[Page Unknown]]
[Federal Register: May 2, 1994]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 55-30849; License No. SOP-30516-01; IA 94-006]
David Tang Wee, Tinley Park, IL; Order Prohibiting Involvement in
NRC-Licensed Activities (Effective Immediately)
I
Mr. David Tang Wee (Licensee) held Senior Reactor Operator's
License No. SOP-30516-01 (License), issued by the U.S. Nuclear
Regulatory Commission (NRC or Commission) on August 14, 1985. Mr. Tang
Wee was employed by Commonwealth Edison Company (CECo) between June 22,
1981 until his employment was terminated by CECO on December 2, 1992,
an action which terminated license SOP-30516-01. The Licensee most
recently held the position of Station Control Room Engineer (SCRE) 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. These licenses authorize CECo
to operate the Dresden Nuclear Station Units 2 and 3 located near
Morris, Illinois.
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), who was a licensed reactor operator,
incorrectly positioned 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 the NRC initiated
investigations of the incident.
On September 18, 1992, the NSO erroneously moved control rod H-1
from Position 48 (fully withdrawn) to Position 36. A Qualified Nuclear
Engineer (QNE) and two individuals in training to become ``qualified''
nuclear engineers were in the control room when the QNE recognized the
NSO's error. The QNE informed the NSO of the error. The NSO failed to
insert the mispositioned rod to Position 00 and continued to move other
control rods at the direction of the QNE. The QNE then informed Mr.
Tang Wee, the Station Control Room Engineer on duty, of the
mispositioned rod. Later, Mr. Tang Wee spoke with the NSO and the three
nuclear engineers and they all agreed that they would not discuss 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, a Dresden Form 14-14C was
falsified, and CECo management was not informed of the incident.
The NRC licenses individuals pursuant to 10 CFR Part 55,
``Operators' Licenses,'' to manipulate the controls of an utilization
facility. The operator license requires the individual to observe all
applicable rules, regulations and orders of the Commission, including
the operating procedures and other conditions specified in the facility
license.
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, dated November 1991, section D ``Subsequent
Operator Actions,'' step 2, required, in part, that if a single control
rod was inserted greater than one even notch from its in-sequence
position and reactor power was greater than 20%, then the mispositioned
rod must be continuously inserted to position 00. Section D.5 required,
in part, that the NSO record any mispositioned control rod in the Unit
log book.
Dresden Administrative Procedure, (DAP) 07-29, ``Reactivity
Management Controls,'' Revision 0, section F.1.g required, in part,
that the station control room engineer (SCRE) communicate to the NSO
the requirements for procedural adherence.
Dresden Administrative Procedure, (DAP) 07-01, ``Operations
Department Organization'', Section B.5.e., requires in part that the
SCRE report any abnormal operating conditions to the Shift Engineer.
These procedures were not followed. Specifically, Mr. Tang Wee did
not communicate to the NSO requirements for procedural adherence
concerning the NSO's duty to record the mispositioning incident in the
unit control room log, and did not report the mispositioning incident
to the Shift Engineer. Instead, Mr. Tang Wee agreed with the NSO, the
QNE and two nuclear engineers in training that they would not discuss
the incident with anyone else.
Based on the NRC Office of Investigations (OI) investigation of
this matter (OI Report No. 3-92-055R), I conclude that Mr. Tang Wee,
along with the NSO, the QNE and two nuclear engineers in training,
deliberately attempted to conceal the mispositioned control rod event
by failing to document and report the incident as required by plant
procedures. In furtherance of this agreement, Mr. Tang Wee deliberately
caused CECo to be in violation of Dresden Technical Specification
6.2.A.1; DAP 07-29, Revision 0, section F.1.g; and DAP 07-01, Section
B.5.e, by failing to communicate to the NSO the requirement to record
the mispositioned rod event in the control room log and by failing to
report the event to the Shift Engineer.
Further, in a transcribed sworn statement on December 1, 1992, Mr.
Tang Wee stated that he did not have a reason to make, and did not
believe he made, a statement to the effect that information about the
mispositioned control rod should not leave the control room. Based on
the transcribed testimony of three individuals who were present during
the incident that Mr. Tang Wee had made a statement to them to the
effect that information about the mispositioned control rod should not
leave the control room, and that all five individuals had agreed not to
discuss the event with anyone else, I conclude that Mr. Tang Wee's
testimony to the contrary constituted the deliberate provision of
inaccurate information material to the NRC in violation of 10 CFR 55.9,
``Completeness and Accuracy of Information.''
III
Based on the above, Mr. Tang Wee, 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 which constitutes a
violation of 10 CFR 50.5. Further, Mr. Tang Wee, a licensed senior
reactor operator at the time of the event, deliberately provided to NRC
investigators information which he knew to be inaccurate in some
respect material to the NRC, in violation of 10 CFR 55.9.
The NRC must be able to rely on its licensees and their employees,
especially NRC-licensed operators, to comply with NRC requirements,
including the requirement to provide information and maintain records
that are complete and accurate in all material respects. Mr. Tang Wee's
action in causing CECo to violate its license conditions and his
misrepresentations to the NRC have raised serious doubt as to whether
he can be relied upon to comply with NRC requirements applicable to
licensed facilities and licensed individuals and to provide complete
and accurate information to the NRC. Mr. Tang Wee's deliberate
misconduct that caused CECo to violate Commission requirements, and his
false statements to Commission officials, 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. Tang Wee 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. Tang
Wee 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. Tang Wee 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 in order to ensure that such employer is aware of
Mr. Tang Wee's previous history. For five years from the date of the
Order, Mr. Tang Wee is also required to notify the NRC of his
employment by any person engaged in 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, 107, 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
55.61, it is hereby ordered, effective immediately, that:
A. Mr. Tang Wee is prohibited for three years from the date of this
Order from engaging in activities licensed by the NRC.
B. Should Mr. Tang Wee seek employment in non-licensed activities
with any person engaged in NRC-licensed activities in the three years
from the date of this Order, Mr. Tang Wee shall provide a copy of this
Order to such person at the time Mr. Tang Wee 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 licensed activities in NRC
jurisdiction 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. Tang Wee 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 from an employer
engaged in NRC-licensed activities, as described in Paragraph IV.B,
above.
D.After the three year prohibition has expired as described in
Paragraphs IV.A and B, above, Mr. Tang Wee shall provide notice to the
Director, Office of Enforcement, of 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. Tang Wee
of good cause.
V
In accordance with 10 CFR 2.202, Mr. Tang Wee 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. Tang Wee 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. Tang Wee, if the answer or hearing request is by
a person other than Mr. Tang Wee. If a person other than Mr. Tang Wee
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. Tang Wee 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. Tang Wee, 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 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 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. 94-10374 Filed 4-29-94; 8:45 am]
BILLING CODE 7590-01-M
