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{{Adams
#REDIRECT [[OI 2-2012-037, Investigative Synopsis, Office of Investigations Case Number 2-2012-037]]
| number = ML13077A304
| issue date = 03/13/2013
| title = Investigative Synopsis, Office of Investigations Case Number 2-2012-037
| author name = Desai B
| author affiliation = NRC/RGN-II/DRS/PSB2
| addressee name = Gillespie P
| addressee affiliation = Duke Energy Carolinas, LLC
| docket = 05000269, 05000270, 05000287
| license number = DPR-038, DPR-047, DPR-055
| contact person =
| case reference number = EA-12-255, OI 2-2012-037
| document type = Letter
| page count = 4
| project =
| stage = Other
}}
 
=Text=
{{#Wiki_filter:UNITED STATES NUCLEAR REGULATORY COMMISSION REGION II 245 PEACHTREE CENTER AVENUE NE, SUITE 1200 ATLANTA, GEORGIA  30303-1257 March 13, 2013 EA-12-255 Mr. Preston T. Gillespie, Jr. Site Vice President
 
Duke Energy Carolinas, LLC Oconee Nuclear Station
 
7800 Rochester Highway Seneca, SC  29672
 
==SUBJECT:==
OCONEE - INVESTIGATIVE SYNOPSIS, OFFICE OF INVESTIGATIONS CASE NUMBER 2-2012-037
 
==Dear Mr. Gillespie:==
 
Enclosed for your information is the synopsis of the Nuclear Regulatory Commission (NRC) Office of Investigations
= (OI) completed report regarding a contractor willfully failing to report an arrest on a Personal History Questionnaire (PHQ) required for unescorted access. 
 
Based on the results of the investigation, the NRC has concluded that the contractor's actions were in violation of 10 CFR 73.56 (g), "Self-reporting of Legal Actions."  Specifically, the contractor failed to disclose a recent arrest on the PHQ, which precluded Duke Energy from conducting a full background investigation to determine his trustworthiness and reliability for access authorization to the Oconee Nuclear Station. This resulted in Duke Energy granting unescorted access to the contractor from August 24, 2009 to June 29, 2012 without a proper background check.
 
After considering the information developed during the investigation, the NRC has concluded that no further action is warranted related to the contractor's failure to adhere to 10 CFR 73.56 (g) requirements. This decision was made after considering the very low safety significance of the underlying issue, Duke Energy's review of the contractor's work activities while he maintained unescorted access status, and the fact that the contractor's duties were non-supervisory. In addition, once Duke Energy became aware of the contractor's failure to disclose the arrest, his unescorted access was promptly terminated and he was flagged in the Personnel Access Data System (PADS). 
 
However, a performance deficiency was identified regarding the failure of the contractor's supervision to follow supervisory responsibilities relative to arrest notifications by employees as outlined in Duke Procedure NSD-218.9.2 Legal Actions, Arrest Reporting. Regional security inspectors will review this performance deficiency and disposition the issue during the security baseline inspection scheduled for April 25, 2013.
 
CERTIFIED MAIL NO. 7010 0780 0001 4601 9053 RETURN RECEIPT REQUESTED P. Gillespie, Jr. 2
 
In accordance with 10 CFR 2.390 of the NRC's "Rules of Practice," a copy of this letter and its enclosure will be available electr onically for public inspection in the NRC Public Document Room or from the Publicly Available Records (PARS) component of NRC's document system (ADAMS). ADAMS is accessible from the NRC Web site at http://www.nrc.gov/NRC/ADAMS/index.html (the Public Electronic Reading Room).
Sincerely, 
/RA/        Binoy Desai, Chief Plant Support Branch 2      Division of Reactor Safety Docket No.:  50-269, 50-270, 50-287  License No.:  DPR-38, DPR-47, DPR-55
 
==Enclosure:==
 
Investigative Synopsis, OI Case No. 2-2012-037  
 
ML13077A304  X SUNSI REVIEW COMPLETE      X FORM 665 ATTACHED OFFICE RII: DRS/PSB2 RII:EICS HQ: OE RII: DRS/PSB2  SIGNATURE /RA/ /RA/ /RA via email/ /RA/  NAME R. Patterson C. Evans D. Furst B. Desai  DATE    3/4/2013 3/5/2013 3/12/2013 3/13/2013 E-MAIL COPY?    YES NO      YES NO      YES NO      YES NO      YES NO      YES NO Official Use Only - OI Investigation Information NOT FOR PUBLIC DISCLOSURE WITHOUT APPROVAL OF SPECIAL AGENT IN CHARGE, OFFICE OF INVESTIGATIONS, REGION II Official Use Only - OI Investigation Information Case No. 2-2012-037  1          Enclosure SYNOPSIS  This investigation was initiated on July 11, 2012, by the U.S. Nuclear Regulatory Commission (NRC), Office of Investigations (OI), Region II (RII), to determine whether a former contract supervisor, employed by DZ Atlantic at the Duke Energy Operator (Duke) Oconee Nuclear Plant (Oconee), willfully failed to report an arrest on a Personal History Questionnaire (PHQ) required for unescorted access. The investigation also sought to determine whether DZ Atlantic management willfully violated Duke procedures that required supervisors to initiate actions to complete required legal action reporting documentation. 
 
Based on the documentation and testimony developed during this investigation OI:RII substantiated the allegation that a former contract supervisor employed by DZ Atlantic at Oconee, deliberately failed to report an arrest on a PHQ required for unescorted access. The investigation did not substantiate that DZ Atlantic management personnel willfully violated Duke procedures that required supervisors to initiate actions to complete required legal action reporting documentation.
 
Approved for release by O. DeMiranda}}

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