In the Matter of Daniel Wilson, 26466-26469 [2014-10582]
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Federal Register / Vol. 79, No. 89 / Thursday, May 8, 2014 / Notices
‘‘ADAMS Public Documents’’ and then
select ‘‘Begin Web-based ADAMS
Search.’’ For problems with ADAMS,
please contact the NRC’s Public
Document Room (PDR) reference staff at
1–800–397–4209, 301–415–4737, or by
email to pdr.resource@nrc.gov. The
ADAMS accession number for each
document referenced in this document
(if that document is available in
ADAMS) is provided the first time that
a document is referenced.
• NRC’s PDR: You may examine and
purchase copies of public documents at
the NRC’s PDR, Room O1–F21, One
White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT:
Peter Bamford, Office of Nuclear Reactor
Regulation, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001; telephone: 301–415–2833, email:
Peter.Bamford@nrc.gov.
SUPPLEMENTARY INFORMATION: The NRC
has granted the request of Entergy
Operations, Inc. (the licensee), to
withdraw its April 4, 2012, application
(ADAMS Accession No. ML12096A022),
proposing an amendment to Renewed
Facility Operating License No. NPF–6
for ANO, Unit 2, located in Russellville,
Arkansas.
The proposed amendment
incorporates the ANO, Unit 2, revised
FHA based on the use of the Alternate
Source Term (AST) methodology. This
methodology was previously approved
for use at ANO, Unit 2, as documented
in an NRC safety evaluation dated April
26, 2011 (ADAMS Accession No.
ML110980197). The original FHA
analysis assumed failure of 60 fuel rods
in a single fuel assembly. The revised
analysis assumes the failure of all fuel
rods in two fuel assemblies (472 rods).
The changes necessary to support the
revised FHA affect similar Technical
Specifications (TSs) associated with the
following NRC-approved TSTF
Travelers: TSTF–51, Revision 2, ‘‘Revise
Containment Requirements During
Handling Irradiated Fuel and Core
Alterations’’; TSTF–272, Revision 1,
‘‘Refueling Boron Concentration
Clarification’’; TSTF–268, Revision 2,
‘‘Operations Involving Positive
Reactivity Additions’’; and TSTF–471,
Revision 1, ‘‘Eliminate use of Term Core
Alterations in Actions and Notes.’’
Therefore, the licensee proposed to
adopt these TSTFs in conjunction with
changes that reflect the revised FHA.
Additionally, administrative and/or
editorial errors noted on the affected TS
pages were also proposed for correction.
The Commission had previously
issued a Notice of Consideration of
Issuance of Amendment published in
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the Federal Register on July 10, 2012
(77 FR 40652). However, by letter dated
April 23, 2014 (ADAMS Accession No.
ML14113A604), the licensee withdrew
the proposed change.
For further details with respect to this
action, see the application for
amendment dated April 4, 2012, and
supplements dated July 9, 2012, June
18, 2013, and July 1, 2013 (ADAMS
Accession Nos. ML12192A089,
ML13170A197, and ML13183A124,
respectively).
Dated at Rockville, Maryland, this 30th day
of April 2014.
For the Nuclear Regulatory Commission.
Peter Bamford,
Project Manager, Plant Licensing Branch IV–
1, Division of Operating Reactor Licensing,
Office of Nuclear Reactor Regulation.
[FR Doc. 2014–10587 Filed 5–7–14; 8:45 am]
Dated at Rockville, Maryland, this 29th day
of April 2014.
For the Nuclear Regulatory Commission.
Roy P. Zimmerman,
Director, Office of Enforcement.
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[IA–13–064; NRC–2014–0103]
Order Prohibiting Involvement in NRCLicensed Activities
In the Matter of Daniel Wilson
I
Nuclear Regulatory
Commission.
ACTION: Order; issuance.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is issuing an order
prohibiting Mr. Wilson from
involvement in NRC-licensed activities
for a period of 1 year. The order also
requires Mr. Wilson to notify the NRC
of any current involvement in NRClicensed activities, to immediately cease
those activities, and to notify the NRC
of the name, address, and telephone
number of the employer.
DATES: Effective Date: See attachment.
ADDRESSES: Please refer to Docket ID
NRC–2014–0103 when contacting the
NRC about the availability of
information regarding this document.
You may access publicly-available
information related to this action by the
following methods:
• Federal Rulemaking Web Site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2014–0103. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–287–3422;
email: Carol.Gallagher@nrc.gov.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may access publicly
available documents online in the NRC
Library at https://www.nrc.gov/readingrm/adams.html. To begin the search,
select ‘‘ADAMS Public Documents’’ and
then select ‘‘Begin Web-based ADAMS
Search.’’ For problems with ADAMS,
SUMMARY:
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please contact the NRC’s Public
Document Room (PDR) reference staff at
1–800–397–4209, 301–415–4737, or by
email to pdr.resource@nrc.gov. The
ADAMS accession number for each
document referenced in this document
(if that document is available in
ADAMS) is provided the first time that
a document is referenced.
• NRC’s PDR: You may examine and
purchase copies of public documents at
the NRC’s PDR, Room O1–F21, One
White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT:
Robert G. Carpenter, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001; telephone: 301–415–
1330, email: Robert.Carpenter@nrc.gov.
SUPPLEMENTARY INFORMATION: The text of
the Order is attached.
Daniel Wilson (Mr. Wilson) was
formally employed as the Chemistry
Manager at the Entergy Nuclear
Operations (ENO) Indian Point Energy
Center (Licensee). ENO holds License
Nos. DPR–26 and DPR–64 issued by the
U.S. Nuclear Regulatory Commission
(NRC or Commission) pursuant to Part
50 of Title 10 of the Code of Federal
Regulations (10 CFR) on September 28,
1973 and December 12, 1975,
respectively. The licenses authorize the
operation of Indian Point Nuclear
Generating Units 2 and 3 in accordance
with the conditions specified therein.
The facility is located on the Licensee’s
site in Buchanan, New York.
II
Between March 30, 2012, and March
26, 2013, an investigation was
conducted at IP to determine if Mr.
Wilson, while employed as the IP
Chemistry Manager, deliberately entered
false data into a Chemistry database
pertaining to an emergency diesel
generator (EDG) fuel oil storage tank
(FOST) and the reserve fuel oil storage
tank (RFOST). Per the IP Technical
Specifications (TS), the fuel oil is
sampled nominally every 92 days and
analyzed to determine if it is within
limits for specified parameters,
including total particulate
concentration. If the particulate
concentration is above the stated limit,
it must be restored to below the limit
within seven days for an FOST, or 30
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days for the RFOST; otherwise, ENO
must immediately declare the associated
EDGs inoperable. For the RFOST, all the
EDGs would be declared inoperable,
which would require ENO to shutdown
both operating units.
During a self-assessment conducted in
January/February 2012 to prepare for an
upcoming NRC Component Design
Bases Inspection, ENO staff at IP
reviewed the EDG fuel oil delivery
systems and storage tanks. The IP selfassessment team identified that: (1)
Results of RFOST samples taken on June
17, 2011, and December 1, 2011, were
not entered into the Chemistry
Department database until July 14, 2011,
and January 23, 2012, respectively; and
(2) although both samples exceeded the
TS particulate limits, no condition
reports (CRs) had been written to
document the issues and notify site
operations and, evidently, no resampling performed to confirm that the
oil had been restored to below the limit
within the 30-day allowed outage time.
On February 2, 2012, the IP selfassessment team inquired of Chemistry
department staff, including Mr. Wilson,
about this issue. Subsequently, on
February 5, 2012, Mr. Wilson entered
information in the Chemistry database
indicating that re-samples for the June
17, 2011, and December 1, 2011, RFOST
samples had, in fact, been performed on
June 29, 2011, and December 9, 2011,
respectively (i.e., within the 30 day
period allowed by TS), and that the resamples were below the TS particulate
limit. However, during the OI
investigation, Mr. Wilson admitted to OI
that the re-samples had actually not
been obtained. Mr. Wilson informed OI
that he had entered false values in the
database instead of documenting the
issue in a CR or otherwise informing the
IP Operations Department that the site
was operating in violation of its TS. Mr.
Wilson also admitted that he similarly
entered false re-sample data for the IP
22 EDG FOST after identifying that the
TS particulate limit had been exceeded
for a November 18, 2011, sample taken
from that tank. Namely, on February 6,
2012, Mr. Wilson entered data to
indicate that a resample had been
performed on December 7, 2011, and
that the resample was below the TS
particulate limit.
During the investigation, Mr. Wilson
testified to OI that he entered the false
values because he believed the original
sample results were incorrect as a result
of poor IP Chemistry Department
sampling practices. Namely, the
samples had been obtained from the
bottom of the RFOST and shipped in a
tin-coated can; both practices that were
specifically not recommended by newer
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industry guidance because sediment
could collect at the bottom of the tank
and the tin coating could contaminate
the samples. Mr. Wilson said that he did
not report the out-of-specification
results because he wanted more time to
prove his theory and incorporate new
test methods, and he did not want the
plant to shut down when he did not
believe it really needed to do so.
Based on the OI investigation, the
NRC determined that Mr. Wilson
committed multiple apparent violations
(AVs), pursuant to 10 CFR 50.5, in that
he deliberately: (a) Caused ENO to
remain in violation of the TS Limiting
Condition for Operation for the RFOST
and 22 FOST for longer than it would
have had Mr. Wilson taken the
appropriate action of informing IP
Operations; and, (b) provided to ENO
incomplete and inaccurate information
that was material to the NRC by entering
false data into the chemistry database
and/or related condition reports to
indicate that the RFOST and the 22
FOST had been resampled, and the
results had been within TS limits when,
in fact, resamples had not been taken.
In a letter dated December 18, 2013,
the NRC described the AV and informed
Mr. Wilson that the NRC was
considering escalated enforcement
action against him. In the letter, we also
offered Mr. Wilson the opportunity to
discuss the AV during a pre-decisional
enforcement conference (PEC) or to
engage the NRC in an alternative
dispute resolution (ADR) mediation
session or to provide a written response
before we made our enforcement
decision.
In a December 27, 2013, telephone
call with the NRC Acting Deputy
Assistant General Counsel, Mr. Wilson’s
attorney informed the NRC that he
neither required a PEC or an ADR
mediation session, nor intended to
submit a written response, but that Mr.
Wilson was willing to cooperate with
the NRC.
III
Based on the above, the NRC has
concluded that Daniel Wilson, a former
employee of the Licensee, engaged in
deliberate misconduct that has: (1)
Caused the Licensee to operate IP Units
2 and 3 in violation of their TS
requirements for a longer period than if
he had written a CR (or otherwise
notified the IP Operations Department
of the issue); and (2) prevented ENO
from informing the NRC of this TSprohibited condition, in violation of 10
CFR 50.73.
NRC must be able to rely on the
Licensee and its employees to comply
with NRC requirements, including site
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26467
TS, which establish limits for the safe
operation of nuclear reactor facilities
and actions to take when such limits are
not met. Mr. Wilson’s actions to
independently interpret the validity of a
TS limit and deliberately disregard the
actions required for an exceeded TS
limit have raised serious doubt as to
whether he can be relied upon to
comply with NRC requirements.
Consequently, I lack the reasonable
assurance that licensed activities can be
conducted in compliance with
Commission requirements and that the
health and safety of the public will be
protected, if Daniel Wilson were
permitted at this time to be involved in
NRC-licensed activities. Therefore, the
public health and safety, and the
common defense and security of the
nation require that Mr. Wilson be
prohibited from any involvement in
NRC-licensed activities for a period of
one year from the date of this Order.
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 that:
1. Daniel Wilson is prohibited for one
year from the date of this Order from
engaging in, supervising, directing, or in
any other way conducting 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 in the NRC’s
jurisdiction pursuant to the authority
granted by 10 CFR 150.20.
2. If Daniel Wilson is currently
involved with another licensee in NRClicensed 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.
The Director, Office of Enforcement,
or designee, may, in writing, relax or
rescind any of the above conditions
upon demonstration by Daniel Wilson
of good cause.
V
Any person adversely affected by this
Order may submit a written answer to
this Order within 30 days of issuance.
In addition, Daniel Wilson and any
other person adversely affected by this
Order may request a hearing on this
Order within 30 days of issuance.
Where good cause is shown,
consideration will be given to extending
the time to answer or request a hearing.
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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–
001, and include a statement of good
cause for the extension.
All documents filed in NRC
adjudicatory proceedings, including a
request for hearing, a petition for leave
to intervene, any motion or other
document filed in the proceeding prior
to the submission of a request for
hearing or petition to intervene, and
documents filed by interested
governmental entities participating
under 10 CFR 2.315(c), must be filed in
accordance with the NRC E-Filing rule
(72 FR 49139, August 28, 2007, as
amended by 77 FR 46562, August 3,
2012), codified in pertinent part at 10
CFR Part 2, Subpart C. The E-Filing
process requires participants to submit
and serve all adjudicatory documents
over the Internet, or in some cases to
mail copies on electronic storage media.
Participants may not submit paper
copies of their filings unless they seek
an exemption in accordance with the
procedures described below. To comply
with the procedural requirements of
E-Filing, at least 10 days prior to the
filing deadline, the participant should
contact the Office of the Secretary by
email at hearing.docket@nrc.gov, or by
telephone at (301) 415–1677, to: (1)
Request a digital ID certificate, which
allows the participant (or its counsel or
representative) to digitally sign
documents and access the E-Submittal
server for any proceeding in which it is
participating; and (2) advise the
Secretary that the participant will be
submitting a request or petition for
hearing (even in instances in which the
participant, or its counsel or
representative, already holds an NRCissued digital ID certificate). Based upon
this information, the Secretary will
establish an electronic docket for the
hearing in this proceeding if the
Secretary has not already established an
electronic docket.
Information about applying for a
digital ID certificate is available on
NRC’s public Web site at https://
www.nrc.gov/site-help/e-submittals/
apply-certificates.html. System
requirements for accessing the ESubmittal server are detailed in NRC’s
‘‘Guidance for Electronic Submission,’’
which is available on the agency’s
public Web site at https://www.nrc.gov/
site-help/e-submittals.html. Participants
may attempt to use other software not
listed on the Web site, but should note
that the NRC’s E-Filing system does not
support unlisted software, and the NRC
Meta System Help Desk will not be able
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to offer assistance in using unlisted
software.
If a participant is electronically
submitting a document to the NRC in
accordance with the E-Filing rule, the
participant must file the document
using the NRC’s online, Web-based
submission form. In order to serve
documents through the Electronic
Information Exchange System, users
will be required to install a Web
browser plug-in from the NRC Web site.
Further information on the Web-based
submission form, including the
installation of the Web browser plug-in,
is available on the NRC’s public Web
site at https://www.nrc.gov/site-help/esubmittals.html.
Once a participant has obtained a
digital ID certificate and a docket has
been created, the participant can then
submit a request for hearing or petition
for leave to intervene. Submissions
should be in Portable Document Format
(PDF) in accordance with NRC guidance
available on the NRC public Web site at
https://www.nrc.gov/site-help/esubmittals.html. A filing is considered
complete at the time the documents are
submitted through the NRC’s E-Filing
system. To be timely, an electronic
filing must be submitted to the E-Filing
system no later than 11:59 p.m. Eastern
Time (ET) on the due date. Upon receipt
of a transmission, the E-Filing system
time-stamps the document and sends
the submitter an email notice
confirming receipt of the document. The
E-Filing system also distributes an email
notice that provides access to the
document to the NRC Office of the
General Counsel and any others who
have advised the Office of the Secretary
that they wish to participate in the
proceeding, so that the filer need not
serve the documents on those
participants separately. Therefore, any
others who wish to participate in the
proceeding (or their counsel or
representative) must apply for and
receive a digital ID certificate before a
hearing request/petition to intervene is
filed so that they can obtain access to
the document via the E-Filing system.
A person filing electronically using
the agency’s adjudicatory E-Filing
system may seek assistance by
contacting the NRC Meta System Help
Desk through the ‘‘Contact Us’’ link
located on the NRC Web site at https://
www.nrc.gov/site-help/esubmittals.html, by email at
MSHD.Resource@nrc.gov, or by a tollfree call at (866) 672–7640. The NRC
Meta System Help Desk is available
between 8 a.m. and 8 p.m., ET, Monday
through Friday, excluding government
holidays.
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Participants who believe that they
have a good cause for not submitting
documents electronically must file an
exemption request, in accordance with
10 CFR 2.302(g), with their initial paper
filing requesting authorization to
continue to submit documents in paper
format. Such filings must be submitted
by: (1) First class mail addressed to the
Office of the Secretary of the
Commission, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, Attention: Rulemaking and
Adjudications Staff; or (2) courier,
express mail, or expedited delivery
service to the Office of the Secretary,
Sixteenth Floor, One White Flint North,
11555 Rockville Pike, Rockville,
Maryland 20852, Attention: Rulemaking
and Adjudications Staff. Participants
filing a document in this manner are
responsible for serving the document on
all other participants. Filing is
considered complete by first-class mail
as of the time of deposit in the mail, or
by courier, express mail, or expedited
delivery service upon depositing the
document with the provider of the
service. A presiding officer, having
granted an exemption request from
using E-Filing, may require a participant
or party to use E-Filing if the presiding
officer subsequently determines that the
reason for granting the exemption from
use of E-Filing no longer exists.
Documents submitted in adjudicatory
proceedings will appear in NRC’s
electronic hearing docket, which is
available to the public at https://
ehd1.nrc.gov/ehd/, unless excluded
pursuant to an order of the Commission
or the presiding officer. Participants are
requested not to include personal
privacy information, such as social
security numbers, home addresses, or
home phone numbers in their filings,
unless an NRC regulation or other law
requires submission of such
information. With respect to
copyrighted works, participants are
requested not to include copyrighted
materials in their submission, except for
limited excerpts that serve the purpose
of the adjudicatory filings and constitute
a Fair Use application.
If a person other than Daniel Wilson
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 2.309(d) and
(f).
If a hearing is requested by the
recipient or a person whose interest is
adversely affected, the Commission will
issue an Order designating the time and
place of any hearings. If a hearing is
held, the issue to be considered at such
hearing shall be whether this Order
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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 30 days from the date this
Order is issued 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 29th day
of April 2014.
For the Nuclear Regulatory Commission.
Roy P. Zimmerman,
Director, Office of Enforcement.
[FR Doc. 2014–10582 Filed 5–7–14; 8:45 am]
BILLING CODE 7590–01–P
RAILROAD RETIREMENT BOARD
Proposed Collection; Comment
Request
Summary: In accordance with the
requirement of Section 3506 (c)(2)(A) of
the Paperwork Reduction Act of 1995
which provides opportunity for public
comment on new or revised data
collections, the Railroad Retirement
Board (RRB) will publish periodic
summaries of proposed data collections.
Comments are invited on: (a) Whether
the proposed information collection is
necessary for the proper performance of
the functions of the agency, including
whether the information has practical
utility; (b) the accuracy of the RRB’s
estimate of the burden of the collection
of the information; (c) ways to enhance
the quality, utility, and clarity of the
information to be collected; and (d)
ways to minimize the burden related to
the collection of information on
respondents, including the use of
automated collection techniques or
other forms of information technology.
Title and purpose of information
collection: Statement of Authority to Act
for Employee; OMB 3220–0034.
Under Section 5(a) of the Railroad
Unemployment Insurance Act (RUIA),
claims for benefits are to be made in
accordance with such regulations as the
Railroad Retirement Board (RRB) shall
prescribe. The provisions for claiming
sickness benefits as provided by Section
2 of the RUIA are prescribed in 20 CFR
335.2. Included in these provisions is
the RRB’s acceptance of forms executed
by someone else on behalf of an
employee if the RRB is satisfied that the
employee is sick or injured to the extent
of being unable to sign forms.
The RRB utilizes Form SI–10,
Statement of Authority to Act for
Employee, to provide the means for an
individual to apply for authority to act
on behalf of an incapacitated employee
and also to obtain the information
necessary to determine that the
delegation should be made. Part I of the
form is completed by the applicant for
the authority and Part II is completed by
the employee’s doctor. One response is
requested of each respondent.
Completion is required to obtain
benefits. The RRB proposes no changes
to Form SI–10.
ESTIMATE OF ANNUAL RESPONDENT BURDEN
Form No.
Annual
responses
Time
(minutes)
Burden
(hours)
SI–10 ............................................................................................................................................
250
6
25
2. Title and purpose of information
collection: Statement Regarding
Contributions and Support; OMB 3220–
0099.
Under Section 2 of the Railroad
Retirement Act, dependency on an
employee for one-half support at the
time of the employee’s death can affect
(1) entitlement to a survivor annuity
when the survivor is a parent of the
deceased employee; (2) the amount of
spouse and survivor annuities; and (3)
the Tier II restored amount payable to a
widow(er) whose annuity was reduced
for receipt of an employee annuity, and
who was dependent on the railroad
employee in the year prior to the
employee’s death. One-half support may
also negate the public service pension
offset in Tier I for a spouse or
widow(er). The Railroad Retirement
Board (RRB) utilizes Form G–134,
Statement Regarding Contributions and
Support, to secure information needed
to adequately determine if the applicant
meets the one-half support requirement.
One response is completed by each
respondent. Completion is required to
obtain benefits. The RRB proposes no
changes to Form G–134.
Estimate of Annual Respondent Burden
The estimated annual respondent
burden is as follows:
Annual
responses
Form No.
75
25
Total ...............................................................................................................................
emcdonald on DSK67QTVN1PROD with NOTICES
G–134:
With Assistance ....................................................................................................................
Without assistance ...............................................................................................................
100
3. Title and purpose of information
collection: Employee Non-Covered
Service Pension Questionnaire; OMB
3220–0154.
Section 215(a)(7) of the Social
Security Act provides for a reduction in
social security benefits based on
employment not covered under the
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Social Security Act or the Railroad
Retirement Act (RRA). This provision
applies a different social security benefit
formula to most workers who are first
eligible after 1985 to both a pension
based in whole or in part on noncovered employment and a social
security retirement or disability benefit.
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Time
(minutes)
147
180
Burden
(hours)
184
75
259
There is a guarantee provision that
limits the reduction in the social
security benefit to one-half of the
portion of the pension based on noncovered employment after 1956. Section
8011 of Pub. L. 100–647 changed the
effective date of the onset from the first
month of eligibility to the first month of
E:\FR\FM\08MYN1.SGM
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]]>Agencies
[Federal Register Volume 79, Number 89 (Thursday, May 8, 2014)]
[Notices]
[Pages 26466-26469]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-10582]
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NUCLEAR REGULATORY COMMISSION
[IA-13-064; NRC-2014-0103]
In the Matter of Daniel Wilson
AGENCY: Nuclear Regulatory Commission.
ACTION: Order; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an
order prohibiting Mr. Wilson from involvement in NRC-licensed
activities for a period of 1 year. The order also requires Mr. Wilson
to notify the NRC of any current involvement in NRC-licensed
activities, to immediately cease those activities, and to notify the
NRC of the name, address, and telephone number of the employer.
DATES: Effective Date: See attachment.
ADDRESSES: Please refer to Docket ID NRC-2014-0103 when contacting the
NRC about the availability of information regarding this document. You
may access publicly-available information related to this action by the
following methods:
Federal Rulemaking Web Site: Go to https://www.regulations.gov and search for Docket ID NRC-2014-0103. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: Carol.Gallagher@nrc.gov.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may access publicly available documents online in the NRC
Library at https://www.nrc.gov/reading-rm/adams.html. To begin the
search, select ``ADAMS Public Documents'' and then select ``Begin Web-
based ADAMS Search.'' For problems with ADAMS, please contact the NRC's
Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-
4737, or by email to pdr.resource@nrc.gov. The ADAMS accession number
for each document referenced in this document (if that document is
available in ADAMS) is provided the first time that a document is
referenced.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT: Robert G. Carpenter, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-
1330, email: Robert.Carpenter@nrc.gov.
SUPPLEMENTARY INFORMATION: The text of the Order is attached.
Dated at Rockville, Maryland, this 29th day of April 2014.
For the Nuclear Regulatory Commission.
Roy P. Zimmerman,
Director, Office of Enforcement.
Order Prohibiting Involvement in NRC-Licensed Activities
I
Daniel Wilson (Mr. Wilson) was formally employed as the Chemistry
Manager at the Entergy Nuclear Operations (ENO) Indian Point Energy
Center (Licensee). ENO holds License Nos. DPR-26 and DPR-64 issued by
the U.S. Nuclear Regulatory Commission (NRC or Commission) pursuant to
Part 50 of Title 10 of the Code of Federal Regulations (10 CFR) on
September 28, 1973 and December 12, 1975, respectively. The licenses
authorize the operation of Indian Point Nuclear Generating Units 2 and
3 in accordance with the conditions specified therein. The facility is
located on the Licensee's site in Buchanan, New York.
II
Between March 30, 2012, and March 26, 2013, an investigation was
conducted at IP to determine if Mr. Wilson, while employed as the IP
Chemistry Manager, deliberately entered false data into a Chemistry
database pertaining to an emergency diesel generator (EDG) fuel oil
storage tank (FOST) and the reserve fuel oil storage tank (RFOST). Per
the IP Technical Specifications (TS), the fuel oil is sampled nominally
every 92 days and analyzed to determine if it is within limits for
specified parameters, including total particulate concentration. If the
particulate concentration is above the stated limit, it must be
restored to below the limit within seven days for an FOST, or 30
[[Page 26467]]
days for the RFOST; otherwise, ENO must immediately declare the
associated EDGs inoperable. For the RFOST, all the EDGs would be
declared inoperable, which would require ENO to shutdown both operating
units.
During a self-assessment conducted in January/February 2012 to
prepare for an upcoming NRC Component Design Bases Inspection, ENO
staff at IP reviewed the EDG fuel oil delivery systems and storage
tanks. The IP self-assessment team identified that: (1) Results of
RFOST samples taken on June 17, 2011, and December 1, 2011, were not
entered into the Chemistry Department database until July 14, 2011, and
January 23, 2012, respectively; and (2) although both samples exceeded
the TS particulate limits, no condition reports (CRs) had been written
to document the issues and notify site operations and, evidently, no
re-sampling performed to confirm that the oil had been restored to
below the limit within the 30-day allowed outage time.
On February 2, 2012, the IP self-assessment team inquired of
Chemistry department staff, including Mr. Wilson, about this issue.
Subsequently, on February 5, 2012, Mr. Wilson entered information in
the Chemistry database indicating that re-samples for the June 17,
2011, and December 1, 2011, RFOST samples had, in fact, been performed
on June 29, 2011, and December 9, 2011, respectively (i.e., within the
30 day period allowed by TS), and that the re-samples were below the TS
particulate limit. However, during the OI investigation, Mr. Wilson
admitted to OI that the re-samples had actually not been obtained. Mr.
Wilson informed OI that he had entered false values in the database
instead of documenting the issue in a CR or otherwise informing the IP
Operations Department that the site was operating in violation of its
TS. Mr. Wilson also admitted that he similarly entered false re-sample
data for the IP 22 EDG FOST after identifying that the TS particulate
limit had been exceeded for a November 18, 2011, sample taken from that
tank. Namely, on February 6, 2012, Mr. Wilson entered data to indicate
that a resample had been performed on December 7, 2011, and that the
resample was below the TS particulate limit.
During the investigation, Mr. Wilson testified to OI that he
entered the false values because he believed the original sample
results were incorrect as a result of poor IP Chemistry Department
sampling practices. Namely, the samples had been obtained from the
bottom of the RFOST and shipped in a tin-coated can; both practices
that were specifically not recommended by newer industry guidance
because sediment could collect at the bottom of the tank and the tin
coating could contaminate the samples. Mr. Wilson said that he did not
report the out-of-specification results because he wanted more time to
prove his theory and incorporate new test methods, and he did not want
the plant to shut down when he did not believe it really needed to do
so.
Based on the OI investigation, the NRC determined that Mr. Wilson
committed multiple apparent violations (AVs), pursuant to 10 CFR 50.5,
in that he deliberately: (a) Caused ENO to remain in violation of the
TS Limiting Condition for Operation for the RFOST and 22 FOST for
longer than it would have had Mr. Wilson taken the appropriate action
of informing IP Operations; and, (b) provided to ENO incomplete and
inaccurate information that was material to the NRC by entering false
data into the chemistry database and/or related condition reports to
indicate that the RFOST and the 22 FOST had been resampled, and the
results had been within TS limits when, in fact, resamples had not been
taken.
In a letter dated December 18, 2013, the NRC described the AV and
informed Mr. Wilson that the NRC was considering escalated enforcement
action against him. In the letter, we also offered Mr. Wilson the
opportunity to discuss the AV during a pre-decisional enforcement
conference (PEC) or to engage the NRC in an alternative dispute
resolution (ADR) mediation session or to provide a written response
before we made our enforcement decision.
In a December 27, 2013, telephone call with the NRC Acting Deputy
Assistant General Counsel, Mr. Wilson's attorney informed the NRC that
he neither required a PEC or an ADR mediation session, nor intended to
submit a written response, but that Mr. Wilson was willing to cooperate
with the NRC.
III
Based on the above, the NRC has concluded that Daniel Wilson, a
former employee of the Licensee, engaged in deliberate misconduct that
has: (1) Caused the Licensee to operate IP Units 2 and 3 in violation
of their TS requirements for a longer period than if he had written a
CR (or otherwise notified the IP Operations Department of the issue);
and (2) prevented ENO from informing the NRC of this TS-prohibited
condition, in violation of 10 CFR 50.73.
NRC must be able to rely on the Licensee and its employees to
comply with NRC requirements, including site TS, which establish limits
for the safe operation of nuclear reactor facilities and actions to
take when such limits are not met. Mr. Wilson's actions to
independently interpret the validity of a TS limit and deliberately
disregard the actions required for an exceeded TS limit have raised
serious doubt as to whether he can be relied upon to comply with NRC
requirements.
Consequently, I lack the reasonable assurance that licensed
activities can be conducted in compliance with Commission requirements
and that the health and safety of the public will be protected, if
Daniel Wilson were permitted at this time to be involved in NRC-
licensed activities. Therefore, the public health and safety, and the
common defense and security of the nation require that Mr. Wilson be
prohibited from any involvement in NRC-licensed activities for a period
of one year from the date of this Order.
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
that:
1. Daniel Wilson is prohibited for one year from the date of this
Order from engaging in, supervising, directing, or in any other way
conducting 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 in the NRC's jurisdiction pursuant
to the authority granted by 10 CFR 150.20.
2. If Daniel Wilson 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.
The Director, Office of Enforcement, or designee, may, in writing,
relax or rescind any of the above conditions upon demonstration by
Daniel Wilson of good cause.
V
Any person adversely affected by this Order may submit a written
answer to this Order within 30 days of issuance. In addition, Daniel
Wilson and any other person adversely affected by this Order may
request a hearing on this Order within 30 days of issuance. Where good
cause is shown, consideration will be given to extending the time to
answer or request a hearing.
[[Page 26468]]
A request for extension of time must be made in writing to the
Director, Office of Enforcement, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-001, and include a statement of good cause for the
extension.
All documents filed in NRC adjudicatory proceedings, including a
request for hearing, a petition for leave to intervene, any motion or
other document filed in the proceeding prior to the submission of a
request for hearing or petition to intervene, and documents filed by
interested governmental entities participating under 10 CFR 2.315(c),
must be filed in accordance with the NRC E-Filing rule (72 FR 49139,
August 28, 2007, as amended by 77 FR 46562, August 3, 2012), codified
in pertinent part at 10 CFR Part 2, Subpart C. The E-Filing process
requires participants to submit and serve all adjudicatory documents
over the Internet, or in some cases to mail copies on electronic
storage media. Participants may not submit paper copies of their
filings unless they seek an exemption in accordance with the procedures
described below. To comply with the procedural requirements of E-
Filing, at least 10 days prior to the filing deadline, the participant
should contact the Office of the Secretary by email at
hearing.docket@nrc.gov, or by telephone at (301) 415-1677, to: (1)
Request a digital ID certificate, which allows the participant (or its
counsel or representative) to digitally sign documents and access the
E-Submittal server for any proceeding in which it is participating; and
(2) advise the Secretary that the participant will be submitting a
request or petition for hearing (even in instances in which the
participant, or its counsel or representative, already holds an NRC-
issued digital ID certificate). Based upon this information, the
Secretary will establish an electronic docket for the hearing in this
proceeding if the Secretary has not already established an electronic
docket.
Information about applying for a digital ID certificate is
available on NRC's public Web site at https://www.nrc.gov/site-help/e-submittals/apply-certificates.html. System requirements for accessing
the E-Submittal server are detailed in NRC's ``Guidance for Electronic
Submission,'' which is available on the agency's public Web site at
https://www.nrc.gov/site-help/e-submittals.html. Participants may
attempt to use other software not listed on the Web site, but should
note that the NRC's E-Filing system does not support unlisted software,
and the NRC Meta System Help Desk will not be able to offer assistance
in using unlisted software.
If a participant is electronically submitting a document to the NRC
in accordance with the E-Filing rule, the participant must file the
document using the NRC's online, Web-based submission form. In order to
serve documents through the Electronic Information Exchange System,
users will be required to install a Web browser plug-in from the NRC
Web site. Further information on the Web-based submission form,
including the installation of the Web browser plug-in, is available on
the NRC's public Web site at https://www.nrc.gov/site-help/e-submittals.html.
Once a participant has obtained a digital ID certificate and a
docket has been created, the participant can then submit a request for
hearing or petition for leave to intervene. Submissions should be in
Portable Document Format (PDF) in accordance with NRC guidance
available on the NRC public Web site at https://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the
documents are submitted through the NRC's E-Filing system. To be
timely, an electronic filing must be submitted to the E-Filing system
no later than 11:59 p.m. Eastern Time (ET) on the due date. Upon
receipt of a transmission, the E-Filing system time-stamps the document
and sends the submitter an email notice confirming receipt of the
document. The E-Filing system also distributes an email notice that
provides access to the document to the NRC Office of the General
Counsel and any others who have advised the Office of the Secretary
that they wish to participate in the proceeding, so that the filer need
not serve the documents on those participants separately. Therefore,
any others who wish to participate in the proceeding (or their counsel
or representative) must apply for and receive a digital ID certificate
before a hearing request/petition to intervene is filed so that they
can obtain access to the document via the E-Filing system.
A person filing electronically using the agency's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System
Help Desk through the ``Contact Us'' link located on the NRC Web site
at https://www.nrc.gov/site-help/e-submittals.html, by email at
MSHD.Resource@nrc.gov, or by a toll-free call at (866) 672-7640. The
NRC Meta System Help Desk is available between 8 a.m. and 8 p.m., ET,
Monday through Friday, excluding government holidays.
Participants who believe that they have a good cause for not
submitting documents electronically must file an exemption request, in
accordance with 10 CFR 2.302(g), with their initial paper filing
requesting authorization to continue to submit documents in paper
format. Such filings must be submitted by: (1) First class mail
addressed to the Office of the Secretary of the Commission, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention:
Rulemaking and Adjudications Staff; or (2) courier, express mail, or
expedited delivery service to the Office of the Secretary, Sixteenth
Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland
20852, Attention: Rulemaking and Adjudications Staff. Participants
filing a document in this manner are responsible for serving the
document on all other participants. Filing is considered complete by
first-class mail as of the time of deposit in the mail, or by courier,
express mail, or expedited delivery service upon depositing the
document with the provider of the service. A presiding officer, having
granted an exemption request from using E-Filing, may require a
participant or party to use E-Filing if the presiding officer
subsequently determines that the reason for granting the exemption from
use of E-Filing no longer exists.
Documents submitted in adjudicatory proceedings will appear in
NRC's electronic hearing docket, which is available to the public at
https://ehd1.nrc.gov/ehd/, unless excluded pursuant to an order of the
Commission or the presiding officer. Participants are requested not to
include personal privacy information, such as social security numbers,
home addresses, or home phone numbers in their filings, unless an NRC
regulation or other law requires submission of such information. With
respect to copyrighted works, participants are requested not to include
copyrighted materials in their submission, except for limited excerpts
that serve the purpose of the adjudicatory filings and constitute a
Fair Use application.
If a person other than Daniel Wilson 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 2.309(d) and (f).
If a hearing is requested by the recipient or a person whose
interest is adversely affected, the Commission will issue an Order
designating the time and place of any hearings. If a hearing is held,
the issue to be considered at such hearing shall be whether this Order
[[Page 26469]]
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 30 days
from the date this Order is issued 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 29th day of April 2014.
For the Nuclear Regulatory Commission.
Roy P. Zimmerman,
Director, Office of Enforcement.
[FR Doc. 2014-10582 Filed 5-7-14; 8:45 am]
BILLING CODE 7590-01-P
