[Federal Register: January 13, 1998 (Volume 63, Number 8)]
[Notices]               
[Page 1981-1982]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13ja98-70]

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NUCLEAR REGULATORY COMMISSION

[IA 97-074]

 
Mr. Darrel T. Rich; Order Prohibiting Involvement in NRC-Licensed 
Activities

I

    Mr. Darrel T. Rich (Mr. Rich) was formerly employed by Consumers 
Power Company (CPCo or Licensee) at the Big Rock Point Nuclear Plant 
(BRPNP) as a radiation protection technician. CPCo is the holder of 
License No. DPR-6 issued by the Nuclear Regulatory Commission (NRC or 
Commission) pursuant to 10 CFR Part 50. This license authorized CPCo to 
operate BRPNP in accordance with the conditions specified therein.

II

    On October 18, 1996, the BRPNP assistant plant manager received 
allegations that routine radiological surveys required by plant 
procedures were not being performed by radiation protection 
technicians. An investigation was conducted by the Licensee in which 
radiation survey records were compared with security access records 
(i.e., key card entries). The licensee concluded that in several 
instances the person recording radiation survey data, Mr. Darrel T. 
Rich, had either not entered the areas where the surveys were required 
to be conducted or had not entered for a period of time long enough to 
conduct the survey. The survey records, when compared to the security 
access records, show that Mr. Rich documented that the following 
radiation surveys were made and that he could not have performed these 
surveys: on July 21, 1996, a required daily air sample on the 585' 
level of the BRPNPP; and the monthly survey for the Radwaste Building 
dated September 15, 1996. The Commission's regulations, specifically 10 
CFR 20.1501(a), ``Surveys and Monitoring,'' requires a licensee to 
perform surveys to determine the radiological conditions at an NRC-
licensed facility. 10 CFR 20.2103(a), ``Records of Surveys,'' further 
requires that a licensee maintain records showing the results of the 
surveys. Furthermore, BRPNPP Technical Specification, Section 10, 
``Administrative Controls,'' Paragraph 6.11, ``Radiation Protection 
Program,'' requires that procedures for personnel radiation protection 
shall be prepared consistent with the requirements of 10 CFR Part 20, 
and shall be approved, maintained and adhered to all operations 
involving personnel radiation exposure. BRPNPP Procedure No. RP-29, 
``Radiological Surveys,'' is the plant procedure that implements 
Technical Specification Section 10, Paragraph 6.11. Paragraphs 5.2.2 
through 5.4.4 of Procedure RP-29 specify the locations where 
radiological surveys are to be conducted and requires that the results 
of each survey be recorded. 10 CFR 50.9(b), ``Completeness and Accuracy 
of Information,'' requires that information required by NRC regulations 
be maintained by an NRC licensee and the information shall be complete 
and accurate in all material respects.
    The Licensee, on the basis of its investigation, concluded that Mr. 
Rich had falsified records of various radiological surveys. Mr. Rich 
resigned from BRPNP, effective November 7, 1996. As of November 8, 
1996, Mr. Rich's unescorted access was unfavorably terminated for 
falsification of company records. The NRC Staff reviewed the 
investigative information furnished by the Licensee and concluded that 
Mr. Rich deliberately falsified radiological survey data at BRPNP.
    Prior to the 1996 events, the NRC Office of Investigations (OI) 
conducted an investigation (OI No. 3-91-018) into allegations that 
during October 1991, Mr. Rich did not take smear samples for 
radioactive contamination, but recorded the results as though he had 
taken the samples. The Licensee took disciplinary action against Mr. 
Rich at that time. The NRC did not take enforcement action against Mr. 
Rich because he admitted the violation and in consideration of the 
employment action taken by the Licensee involving Mr. Rich (EA 92-235).

III

    Based on the above, it appears that Darrel T. Rich, a former 
employee of the Licensee, has engaged in deliberate misconduct that has 
caused the Licensee to be in violation of 10 CFR 20.1501 and 10 CFR 
50.9(a). It further appears that Mr. Rich deliberately provided to the 
Licensee information that he knew to be incomplete or inaccurate in 
some respect material to the NRC, in violation of 10 CFR 50.5(a)(2), 
``Deliberate Misconduct.'' The information is material to the NRC 
because 10 CFR 20.1501 and 20.2103 and 10 CFR 50.9 require these 
radiation surveys to be performed and that accurate records of them be 
maintained. The NRC must be able to rely on the Licensee and its 
employees to comply with NRC requirements, including the requirement to 
provide information and maintain records that are complete and accurate 
in all material respects. Mr. Rich's action in causing the Licensee to 
violate 10 CFR 20.1501, 20.2103 and 10 CFR 50.9(a) have raised 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 the 
Commission's requirements and that the health and safety of the public 
will be protected if Mr. Rich were permitted at this time to be 
involved in NRC-licensed activities. Therefore, the public health, 
safety and interest require that Mr. Rich be prohibited from any 
involvement in NRC-licensed activities for a period of three years from 
the effective date of this Order, and if he is currently involved with 
another licensee in NRC-licensed activities at that time, 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. Rich is required to 
notify the NRC of his first employment in NRC-licensed activities in 
the three years following the prohibition period.

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 that:

[[Page 1982]]

    1. Darrel T. Rich is prohibited for three years from the effective 
date of this Order from engaging in 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 
pursuant to the authority granted by 10 CFR 150.20.
    2. For a period of three years after the three year period of 
prohibition has expired, Mr. Rich shall, within 20 days of his 
acceptance of each 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 first notification, Mr. Rich 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. Rich of good cause.

V

    In accordance with 10 CFR 2.202, Darrel T. Rich 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. Rich 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, NRC Region III, 801 
Warrenville Road, Suite 255, Lisle, IL 60532-4351, and to Mr. Rich if 
the answer or hearing request is by a person other than Mr. Rich. If a 
person other than Mr. Rich 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. Rich 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.
    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.

    Dated at Rockville, Maryland this 5th day of January 1998.

    For the Nuclear Regulatory Commission.
Malcolm R. Knapp,
Acting Deputy Executive Director for Regulatory Effectiveness.
[FR Doc. 98-752 Filed 1-12-98; 8:45 am]
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