In the Matter of Andrew Siemaszko; Order Prohibiting Involvement in NRC-Licensed Activities, 22719-22722 [E5-2070]

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• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 70, Number 83 (Monday, May 2, 2005)]
[Notices]
[Pages 22719-22722]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-2070]


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NUCLEAR REGULATORY COMMISSION

[IA-05-021]


In the Matter of Andrew Siemaszko; Order Prohibiting Involvement 
in NRC-Licensed Activities

    Mr. Andrew Siemaszko was previously employed as a system engineer 
at the Davis-Besse Nuclear Power Station (Davis-Besse) operated by 
FirstEnergy Nuclear Operating Company (FENOC or Licensee). The Licensee 
holds License No. NPF-3 which was issued by the Nuclear Regulatory 
Commission (NRC or Commission)

[[Page 22720]]

pursuant to 10 CFR part 50 on April 22, 1977. The license authorizes 
the operation of Davis-Besse in accordance with the conditions 
specified therein. The facility is located on the Licensee's site near 
Oak Harbor, Ohio.
    On February 16, 2002, Davis-Besse was shut down for refueling and 
inspection of control rod drive mechanism (CRDM) reactor pressure 
vessel (RPV) head penetration nozzles. Using ultrasonic testing, the 
Licensee found cracks in three CRDM penetration nozzles and on March 6, 
2002, the Licensee discovered a cavity in the RPV head in the vicinity 
of CRDM Penetration Nozzle No. 3. The cavity measured approximately 5 
to 7 inches long, 4 to 5 inches wide, and penetrated though the 6.63 
inch-thick low-alloy steel portion of the RPV head, leaving the 
stainless steel clad material (measuring 0.202 to 0.314 inches-thick) 
as the sole reactor coolant system (RCS) pressure boundary. A smaller 
cavity was also found near CRDM Penetration Nozzle No. 2.
    The Licensee had conducted a root cause evaluation and determined 
that the cavities were caused by boric acid from the RCS released 
through cracks in the CRDM penetration nozzles. The Licensee conducted 
limited cleaning and inspections of the RPV head during the Twelfth 
Refueling Outage (12RFO) that ended on May 18, 2000. However, neither 
the limited RPV head cleaning nor the resultant inspections during 
12RFO were sufficient to ensure that the significant boric acid 
deposits on the RPV head were only a result of CRDM flange leakage as 
supposed and were not a result of RCS pressure boundary leakage.
    On March 6 and March 10, 2002, the Licensee provided information to 
the NRC concerning the identification of a large cavity in the RPV head 
adjacent to CRDM Penetration Nozzle No. 3. The NRC conducted an 
Augmented Inspection Team (AIT) inspection at the Davis-Besse Station 
from March 12 to April 5, 2002, to determine the facts and 
circumstances related to the significant degradation of the RPV head. 
The results of the AIT inspection were documented in NRC Inspection 
Report No. 50-346/2002-03, issued on May 3, 2002. A follow-up special 
inspection was conducted from May 15 to August 9, 2002, and on October 
2, 2002, the NRC issued the AIT Follow-up Special Inspection Report No. 
50-346/2002-08 documenting ten apparent violations associated with the 
RPV head degradation. Based upon an investigation into the causes for 
the apparent violations documented in the special inspection report, 
the NRC Office of Investigations (OI) determined that the apparent 
violations involved deliberate failures to comply with NRC requirements 
and regulations. The OI investigation results were documented in OI 
Report No. 3-2002-006, dated August 22, 2003 and the matter remains 
under Federal investigation.
    Based on the results of the special inspection conducted by the NRC 
staff and the OI investigation, the NRC determined that Mr. Andrew 
Siemaszko engaged in deliberate misconduct that caused the Licensee to 
be in violation of the NRC requirement to maintain and provide to the 
NRC materially complete and accurate information, 10 CFR 50.9.
    Andrew Siemaszko, a System Engineer at Davis-Besse Station, was 
responsible for ensuring the RPV head was cleaned during April 2000. 
Davis-Besse Work Order No. 00-001846-000 described the problem to be 
resolved as:

    Large boron accumulation was noted on the top of the RX 
[reactor] head and on top of the insulation. Boric acid corrosion 
may occur * * * Work Description * * * Clean boron accumulation from 
top of reactor head and on top of insulation. See Andrew Siemaszko 
(Plant Engineering) * * * for additional details.

    On April 25, 2000, in the ``Failure Evaluation/Description of Work 
Performed'' section of Work Order No. 00-001846-000, Mr. Siemaszko 
wrote ``work performed without deviation.''
    Mr. Siemaszko initiated Condition Report (CR) No. 2000-1037 on 
April 17, 2000, and described the condition as:

    Inspection of the Reactor Head indicated accumulation of boron 
in the area of the CRD [control rod drive] nozzle penetrations 
through the head. Boron accumulation was also discovered on top of 
the thermal insulation under the CRD flanges. Boron accumulated on 
the top of the thermal insulation resulted from the CRD leakage. The 
CRD leakage issues are discussed in CR 2000-0782.

    Entered in the ``Remedial Actions'' Section of CR No. 2000-1037 
was,

    Accumulated boron deposited between the reactor head and the 
thermal insulation was removed during the cleaning process performed 
under W.O. (Work Order) 00-001846-000. No boric acid induced damage 
to the head surface was noted during the subsequent inspection.

    Also included on Condition Report No. 2000-0137 was,

    MODE 4 RESTRAINT--Complete all actions necessary to restore 
equipment to allow the Mode change. When all actions are complete, 
document on a Cause/Action Sheet (ED83242B) and provide a copy of 
the CR to Quality Programs.

    Information that Mr. Siemaszko told OI during a sworn, transcribed 
interview indicated that Mr. Siemaszko knew at the completion of 12RFO 
that the RPV head had not been cleaned of all boric acid deposits, yet 
he provided information on Condition Report No. 2000-0137 and Work 
Order No. 00-001846-000 indicating that the RPV head was cleaned of 
boric acid deposits.
    The Licensee removed the restraint to changing operations to Mode 4 
on April 27, 2000, based, in part, on the information provided to the 
Licensee by Mr. Siemaszko that the reactor vessel had been cleaned of 
boric acid deposits, as documented on CR No. 2000-1037 and Work Order 
No. 00-001846-000.
    10 CFR part 50, Appendix B, Criterion XVI, requires that the 
Licensee establish measures to ensure that conditions adverse to 
quality, such as failures, malfunctions, deficiencies, deviations, 
defective material and equipment, and nonconformances are promptly 
identified and corrected. In the case of significant conditions adverse 
to quality, the measures shall ensure that the cause of the condition 
is determined and corrective action taken to preclude repetition. The 
identification of the significant condition adverse to quality, the 
cause of the condition, and the corrective action taken shall be 
documented and reported to appropriate levels of management.
    10 CFR part 50, Appendix B, Criterion XVII, requires, in part, that 
the Licensee maintain sufficient records to furnish evidence of 
activities affecting quality, including records of work performance.
    Condition Report (CR) No. 2000-1037 described a significant 
condition adverse to quality and the corrective actions taken to 
preclude repetition. Work Order No. 00-001846-000 is a record of an 
activity affecting quality and documented work performance.
    Review of documents and videotapes concerning the inspection of the 
RPV head during 12RFO, that ended on May 18, 2000, and the inspections 
of the RPV head during Refueling Outage 13, that began on February 12, 
2002, indicated that boric acid deposits remained on the RPV head 
following 12RFO. This is contrary to information Mr. Siemaszko 
documented in: (1) Work Order No. 00-001846-000 that work was performed 
without deviation; and (2) CR No. 2000-1037 that the accumulated boron 
deposited between the reactor head and the thermal insulation was 
removed during the cleaning process performed and no boric acid induced 
damage to the head surface was noted during the subsequent inspection.
    10 CFR 50.9 requires, in part, that information required by statute 
or by the Commission's regulations, orders, or license conditions to be 
maintained by

[[Page 22721]]

the licensee shall be complete and accurate in all material respects.
    Based on the above information, the NRC concludes that Mr. 
Siemaszko deliberately provided materially incomplete and inaccurate 
information in CR No. 2000-1037 and Work Order No. 00-001846-000, that 
are records the NRC requires the Licensee to maintain. The information 
provided by Mr. Siemaszko in CR No. 2000-1037 and Work Order No. 00-
001846-000 was material to the NRC because the presence of boric acid 
deposits on the RPV head is a significant condition adverse to quality 
that went uncorrected, in part, due to Mr. Siemaszko's incomplete and 
inaccurate description of the work activities and corrective actions.
    Based on the above, Mr. Andrew Siemaszko, while employed by the 
Licensee, engaged in deliberate misconduct that has caused the Licensee 
to be in violation of 10 CFR 50.9 by deliberately providing to the 
Licensee information that he knew to be incomplete or inaccurate in a 
respect material to the NRC, in violation of 10 CFR 50.5. The NRC 
determined that these violations were of very high safety and 
regulatory significance because they documented a pattern of deliberate 
inaccurate or incomplete documentation of information that was required 
to be maintained or submitted to the NRC. Had the NRC been aware of 
this incomplete and inaccurate information, the NRC would likely have 
taken immediate regulatory action to shut down the plant and require 
the licensee to implement appropriate corrective actions.
    As a direct result of these violations, the NRC determined that 
FENOC started up and operated the plant, for the last operating cycle 
prior to the February 16, 2002, shutdown without: (1) Fully 
understanding or characterizing the condition of the reactor pressure 
vessel head and the control rod drive penetrations; (2) determining the 
cause of significant boric acid build up on the reactor pressure vessel 
head, the control rod drive penetrations, and several other components 
in the reactor containment building; (3) properly identifying the 
presence of ongoing reactor coolant system pressure boundary leakage 
and taking appropriate corrective actions; and, (4) identifying a very 
significant ongoing degradation of the reactor pressure vessel head 
which required a number of years to reach the level of material wastage 
observed in March 2002. Finally, the NRC determined that the inaccurate 
and incomplete information provided by Mr. Siemaszko contributed to 
continued operation of the plant with ongoing reactor coolant system 
pressure boundary leakage and the significant degradation of the 
reactor pressure vessel head, a significant condition adverse to 
quality.
    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. Siemaszko's action caused the Licensee to 
violate 10 CFR 50.9 and 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. Siemaszko is permitted to be involved in NRC-
licensed activities. Therefore, the public health, safety and interest 
require that Mr. Siemaszko be prohibited from any involvement in NRC-
licensed activities for a period of five years from the effective date 
of this Order. Additionally, Mr. Siemaszko is required to notify the 
NRC of his first employment in NRC-licensed activities for a period of 
five years following the prohibition period.
    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 30.10, and 10 CFR 150.20, it is 
hereby ordered that:
    1. Mr. Andrew Siemaszko is prohibited for five years from the 
effective date of this Order from engaging in NRC-licensed activities. 
The NRC considers NRC-licensed activities to be those activities that 
are conducted pursuant to a specific or general license issued by the 
NRC, including those activities of Agreement State licensees conducted 
pursuant to the authority granted by 10 CFR 150.20.
    2. If Mr. Siemaszko is currently involved with another licensee in 
NRC-licensed activities, he must immediately cease those 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.
    3. For a period of five years after the five year period of 
prohibition has expired, Mr. Siemaszko shall, within 20 days of 
acceptance of his 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, DC 
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. In the notification, Mr. Siemaszko 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, Office of Enforcement, may, in writing, relax or 
rescind any of the above conditions upon demonstration by Mr. Siemaszko 
of good cause.
    In accordance with 10 CFR 2.202, Andrew Siemaszko 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 90 days of 
the date of this Order. However, since this enforcement action is being 
proposed prior to the U.S. Department of Justice completing its review 
of the OI investigation results, consideration may be given to 
extending the response time for submitting an answer as well as the 
time for requesting a hearing, for good cause shown. A request for 
extension of time must be made in writing to the Director, Office of 
Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 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. Siemaszko 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: 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 Materials Litigation and Enforcement at the same address, 
to the Regional Administrator, NRC Region III, 2443 Warrenville Road, 
Lisle, IL 60532-4352, and to Mr. Siemaszko if the answer or hearing 
request is by a person other than Mr. Siemaszko. Because of continuing 
disruptions in delivery of mail to United States Government offices, it 
is requested that answers and requests for hearing be transmitted to 
the Secretary of the Commission either by means of

[[Page 22722]]

facsimile transmission to (301) 415-1101 or by e-mail to 
hearingdocket@nrc.gov and also to the Office of the General Counsel 
either by means of facsimile transmission to (301) 415-3725 or by e-
mail to OGCMailCenter@nrc.gov. If a person other than the Mr. Siemaszko 
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 Sec.  2.309.
    If a hearing is requested by Mr. Siemaszko 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 effective and final 90 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 this 21st day of April 2005.

    For The Nuclear Regulatory Commission.
Ellis W. Merschoff,
Deputy Executive Director for Reactor Programs, Office of the Executive 
Director for Operations.
[FR Doc. E5-2070 Filed 4-29-05; 8:45 am]
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