[Federal Register Volume 62, Number 156 (Wednesday, August 13, 1997)]
[Notices]
[Pages 43361-43363]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21362]
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NUCLEAR REGULATORY COMMISSION
[IA 97-060]
Steven F. Nevin; Order Prohibiting Involvement in NRC-Licensed
Activities (Effective Immediately)
I
Mr. Steven F. Nevin (Mr. Nevin) was formerly employed by PECO
Energy Company at the Limerick Generating Station (PECO, Limerick, or
Licensee) as a chemist. PECO holds Facility License No. NPF-39 and NPF-
84 issued by the Nuclear Regulatory Commission (NRC or Commission)
pursuant to 10 CFR part 50. These licenses authorize PECO to operate
the Limerick Station, Units 1 and 2, in accordance with the conditions
specified therein.
II
On February 7, 1996, while a Reactor Enclosure Cooling Water (RECW)
radiation monitor was inoperable, the Licensee was required, in
accordance with Technical Specification 3.3.7.1, ACTION 72, to obtain
and analyze at least one grab sample from the RECW system at least once
per 24 hours. On that date, the sample needed to be taken by 11:00 a.m.
to meet that requirement.
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The sample was not taken until 12:15 p.m. on that date, approximately 1
hour and 15 minutes after the time it was due. However, the record of
the grab sample RECW Surveillance Test (ST-5-026-570-1, ``Inop Reactor
Enclosure Cooling Water Rad Mon Grab Sampling and Analysis''), signed
by a chemistry technician and Mr. Nevin, the chemist (as chemistry
supervision), was inaccurate because (1) page one of attachment 1 of
the test record indicated that the time of the sample was 11:00 a.m.,
and (2) the attached computer printout of the Gamma Spectrum Analysis,
as changed by Mr. Nevin, also indicated that the sample was taken at
11:00 a.m.. The creation of this inaccurate record caused the Licensee
to be in violation of 10 CFR 50.9, ``Completeness and accuracy of
information.''
Afterwards, an investigation of this matter was conducted by PECO,
and the NRC was informed of the findings. Subsequently, an
investigation was conducted by the NRC Office of Investigations (OI),
that determined, based upon the evidence developed during its
investigation, and a review of evidence contained in the investigation
report provided by PECO, that on February 7, 1996, Mr. Nevin, and the
PECO chemistry technician, deliberately falsified RECW sample
documentation, at the direction of Ms. Blacklock, the former PECO
Primary Chemistry Manager.
Mr. Nevin was interviewed by OI on July 24 and December 10, 1996.
During the interviews, Mr. Nevin indicated initially that he corrected
the sample time recorded in the Gamma Spectrum Analysis from 12:15 p.m.
to 11:00 a.m. because he was told that another sample (taken earlier)
had been found. Upon further questioning, Mr. Nevin admitted to the
initial fabrication and stated that he and the chemistry technician
falsified the surveillance test documents to record the sample time of
11:00 a.m. at the direction of the former Primary Chemistry Manager.
III
Based on the above, the NRC has concluded that Mr. Nevin engaged in
deliberate misconduct. Mr. Nevin's actions constitute a violation of 10
CFR 50.5(a)(1), which prohibits an individual from engaging in
deliberate misconduct that causes or, but for detection, would have
caused, a licensee to be in violation of any rule, regulation, or
order, or any term, condition, or limitation of any license, issued by
the Commission. In this case, Mr. Nevin caused the Licensee to be in
violation of 10 CFR 50.9, ``Completeness and accuracy of information.''
The NRC must be able to rely on the Licensee, its contractors, and
the Licensee and contractor employees to comply with NRC requirements,
including the requirement to maintain information that is complete and
accurate in all material respects. Mr. Nevin's action in falsifying
records, and his collusion with others to hide that falsification,
constitute deliberate violations of Commission regulations, and by
doing so, raises serious doubt as to whether he can be relied upon to
comply with NRC requirements and to provide complete and accurate
information to NRC Licensees and their contractors in the future, and
raises doubt about his trustworthiness and reliability.
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
would be protected if Mr. Nevin were permitted at this time to be
involved in NRC-licensed activities.
Therefore, the public health, safety and interest require that Mr.
Nevin be prohibited from any involvement in NRC-licensed activities for
a period of 3 years from the date of this Order, and if Mr. Nevin is
currently involved with another licensee in NRC-licensed activities,
Mr. Nevin 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. Nevin is required
to notify the NRC of his first employment in NRC-licensed activities
following the prohibition period. Furthermore, pursuant to 10 CFR
2.202, I find that the significance of Mr. Nevin'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:
1. Steven F. Nevin is prohibited from engaging in activities
licensed by the NRC for 3 years from the date of this Order. 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.
2. After the 3-year period of prohibition has expired, Mr. Nevin
shall, within 20 days of his acceptance of the first employment offer
involving NRC-licensed activities or his becoming involved in NRC-
licensed activities, as defined in Paragraph IV.1 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 the NRC-licensed activities. In the notification, Mr. Nevin shall
include a statement of his commitment to compliance with regulatory
requirements and the basis why the Commission should have confidence
that he will now comply with applicable NRC requirements.
The Director, OE, may, in writing, relax or rescind any of the
above conditions upon demonstration by Mr. Nevin of good cause.
V
In accordance with 10 CFR 2.202, Mr. Nevin must, and any other
person adversely affected by this Order may, 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. Nevin 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, Rulemakings and Adjudications Staff, 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, NRC Region I, U.S. Nuclear Regulatory, 475
Allendale Road, King of Prussia, Pennsylvania 19406, and to Mr. Nevin
if the answer or hearing request is by a
[[Page 43363]]
person other than Mr. Nevin. If a person other than Mr. Nevin requests
a hearing, that person shall set forth with particularity the manner in
which that person's 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. Nevin 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. Nevin 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.
Dated at Rockville, Maryland, this 5th day of August 1997.
For the Nuclear Regulatory Commission.
Ashok C. Thadani,
Acting Deputy Executive Director for Regulatory Effectiveness.
[FR Doc. 97-21362 Filed 8-12-97; 8:45 am]
BILLING CODE 7590-01-P
