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

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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