Protecting People and the EnvironmentUNITED STATES NUCLEAR REGULATORY COMMISSION
IN79012A
November 8, 1979
MEMORANDUM FOR: B. H. Grier, Director, Region I
J. P. O'Reilly, Director, Region II
J. G. Keppler, Director, Region III
K. V. Seyfrit, Director, Region IV
R. H. Engelken, Director, Region V
FROM: E. Morris Howard, Director, Division of Safeguards
Inspection, Office of Inspection and Enforcement
SUBJECT: Information Notice No. 79-12A, ATTEMPTED DAMAGE TO
NEW
FUEL ASSEMBLIES
The subject Information Notice No. is transmitted for issuance on November 9,
1979. The Information Notice should be issued to all fuel facilities,
research reactors, and power reactors with an operating license or
construction permit. Also, enclosed is a draft copy of the transmittal
letter. No inspection followup is necessary since no specific action by the
licensee is requested.
E. Morris Howard, Director
Division of Safeguards Inspection
Office of Inspection and Enforcement
Enclosures:
1. Information Notice No. 79-12A
2. Draft Transmittal Letter
CONTACT: L. Bush, IE
49-28080
.
(Draft letter to all fuel facilities, research reactors, and power reactors
with an operating license or construction permit)
Information Notice No. 79-12A
Addressee:
This Information Notice is provided to inform licensees of a possible
significant matter. It is expected that recipients will consider
dissemination of the information to all persons working at their licensed
facilities. No specific action or response is requested at this time. If
further NRC evaluations so indicate, an IE Circular or Bulletin will be
issued to recommend or request specific licensee actions. If you have any
questions regarding this matter, please contact the Director of the
appropriate NRC Regional Office.
Sincerely,
Signature
(Regional Director)
Enclosures:
1. Information Notice No. 79-12A
2. Recently Issued IE Information
Notices
.
SSINS No.: 6300
Accession No.:
7910250490
United States
Nuclear Regulatory Commission
Office of Inspection and Enforcement
Washington, D.C. 20555
November 9, 1979
Information Notice No. 79-12A
ATTEMPTED DAMAGE TO NEW FUEL ASSEMBLIES
This notice provides supplemental information concerning the identification
and conviction of the persons responsible for the introduction of a possibly
damaging substance to the new fuel stored at the Virginia Electric and Power
Company's Surry Power Station in Surry County, Virginia.
Investigation of this incident by the FBI culminated in the surrender of
William E. Kuykendall and James A. Merrill, Jr., both VEPCO employees at
that time, to Surry County authorities on June 19, 1979.
A Grand jury hearing was held in Surry, Virginia on July 24, 1979. The
certified charges of breaking and entering with intent to damage electrical
facilities (felony), and willful destruction of utility company equipment
(felony) were returned on a true bill for trial. An earlier charge for
willful damage (misdemeanor) which had not been certified to the grand jury
was reapplied, certified and returned on a true bill for trial . Two
additional charges against both men were introduced for conspiracy regarding
the two felonies and returned on a true bill for a total of four felonies
and one misdemeanor against each man.
Trial commenced on October 10, 1979 in the Circuit Court, Surry County,
Virginia. The presiding judge ruled that the prosecution failed to supply
sufficient evidence to support the charges of conspiracy, breaking and
entering, and damage to property as a misdemeanor. The primary reason for
dropping the charges was that thee subjects had been authorized unescorted
access to Vital Areas by VEPCO. On October 17, 1979, the jury returned a
verdict of guilty (both Kuykendall and Merrill) for violation of Virginia
Code 18.2-162 (Intentional damage to a facility which furnishes electric
service to the public) and set punishment as two (2) years in the State
Penitentiary for both subjects, the minimum sentence provided by law.
This Information Notice is provided to inform licensees of a possibly
significant matter. It is expected that recipients will consider
dissemination of the information to all persons working at their licensed
facilities. If you have questions regarding this matter, please contact the
Director of the appropriate NRC Regional Office.
No written response to this Information Notice is required.
.
