IA-06-044, Office of Investigations Report Number 2-2005-006
| ML071030296 | |
| Person / Time | |
|---|---|
| Site: | Browns Ferry  |
| Issue date: | 04/13/2007 |
| From: | Travers W Region 2 Administrator |
| To: | Childers S - No Known Affiliation |
| References | |
| 2-2005-006, IA-06-044 | |
| Download: ML071030296 (3) | |
Text
April 13, 2007 IA-06-044 Mr. Sebourn Childers
[ Home address removed per 10 CFR 2.390]
SUBJECT:
OFFICE OF INVESTIGATIONS REPORT NUMBER 2-2005-006
Dear Mr. Childers:
The purpose of this letter is to inform you of our conclusions regarding the subject Office of Investigations (OI) report and our subsequent deliberations following the Alternative Dispute Resolution (ADR) session you participated in on October 16, 2006.
In a letter dated August 3, 2006, the Nuclear Regulatory Commission (NRC) advised you of the completed OI investigation and our identification of an apparent violation of 10 CFR 50.5 based on your having willfully allowed the performance of unauthorized vacuum blasting inside the Unit 1 torus of Tennessee Valley Authoritys (TVA) Browns Ferry Nuclear Plant in January and February of 2004. At that time, you were employed by Stone and Webster Engineering Company (SWEC) as a Super Lead Foreman.
As a result of this finding, our letter of August 3rd offered you one of three choices, attend a Pre-decisional Enforcement Conference, provide a written response to the apparent violation, or request ADR with the NRC in an attempt to reach a mutually acceptable resolution of the enforcement issue. At your request, an ADR mediation session was held with you and the NRC in Huntsville, AL, on October 16, 2006. Based on that session, you and the NRC reached a settlement agreement in principle.
After considerable review of the information you provided during the mediation session and upon further review of the OI investigative report, the Agency has concluded that, on balance, the issuance of a Confirmatory Order to you is unwarranted in this matter.
Notwithstanding the agencys decision to forego issuance of a Confirmatory Order, you are still expected to honor the terms of the agreement in principal that was executed at the conclusion of the ADR session. In this regard, you:
1.
Acknowledge and accept responsibility as a Super Lead Foreman, to clearly communicate safe work practices and proper work procedures to employees under your supervision. You also accept responsibility for improving communications regarding vacuum blasting; specifically, you will make it clear to employees in the future that vacuum blasting is permitted only where a proper seal can be maintained; 2.
Agree to follow all instructions, procedures and requirements associated with
Mr. Sebourn Childers 2
licensed activities or work in support of such activities, and ensure that those individuals working under your supervision do so as well; and 3.
Agree to participate in any initiatives the licensee, TVA, or its contractor, SWEC, establishes to address the consequences of procedural non-compliances and improve safety culture. These actions include speaking to other supervisors and their staffs about the event which resulted in issuance of this letter, the communications failures/inadequacies that contributed to the event, and the importance of fostering an environment which encourages employees to raise safety or work related concerns.
In light of the above, the Agency considers this matter to be closed. No response to this letter is required.
The NRC also wishes to note that, as is consistent with prior agency practice, this letter does not represent or express a position relative to your suitability for re-employment at NRC-licensed facilities.
In accordance with 10 CFR 2.390 of the NRC's "Rules of Practice," a copy of this letter, with your home address removed, will be made available electronically for public inspection in the NRC Public Document Room or from the NRCs document system (ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html.
This letter will be maintained by the NRCs Office of Enforcement (OE) in an NRC Privacy Act system of records, NRC-3, Enforcement Actions Against Individuals. The NRC-3 system notice, which provides detailed information about this system of records, can be accessed from our Web site at http://www.nrc.gov/reading-rm/foia/privacy-systems.html.
If you have any questions or comments concerning this letter, please contact Ms. Carolyn F.
Evans, Enforcement Officer and Regional Counsel, at 404-562-4414.
Sincerely,
/RA/
William D. Travers, Regional Administrator
Mr. Sebourn Childers 3
cc:
Mr. Richard Carrigan Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
One Federal Place, Suite 1000 1819 Fifth Avenue North Birmingham, AL 35203-2118 Browns Ferry Nuclear Plant Tennessee Valley Authority ATTN.: Mr. K. W. Singer Chief Nuclear Officer and Executive Vice President 6A Lookout Place 1101 Market Street Chattanooga, TN 37402-2801 Brian O'Grady Site Vice President Browns Ferry Nuclear Plant Tennessee Valley Authority Electronic Mail Distribution