Protecting People and the EnvironmentUNITED STATES NUCLEAR REGULATORY COMMISSION
SSINS No.: 6835
IN 85-97
UNITED STATES
NUCLEAR REGULATORY COMMISSION
OFFICE OF INSPECTION AND ENFORCEMENT
WASHINGTON, D.C. 20555
December 26, 1985
Information Notice No. 85-97: JAIL TERM FOR FORMER CONTRACTOR EMPLOYEE
WHO INTENTIONALLY FALSIFIED WELDING
INSPECTION RECORDS
Addressees:
All nuclear power reactor facilities holding an operating license (OL) or a
construction permit (CP).
Purpose:
This information notice is to inform licensees, contractors and their
employees of the criminal prosecution by the U.S. Department of Justice of a
contractor QC inspector employed at the Seabrook Nuclear Power Station, and
a resultant jail sentence. The individual intentionally falsified records of
liquid penetrant and magnetic particle testing of welding joints in piping,
pipe braces and structural steel. The NRC suggests that recipients review
and provide widespread dissemination of this notice to employees and
contractors' employees involved in safety-related activities, especially
those employees involved in making and keeping records. The NRC further
suggests that recipients remind their own and contractor employees that not
only are licensees subject to civil enforcement action for violations of NRC
requirements, but individuals who intentionally violate these requirements
are also subject to criminal prosecution. The suggestions for dissemination
of this notice do not constitute NRC requirements; therefore, no specific
action or written response is required.
Description of Circumstances:
In March 1983, management of Pullman Higgins (P-H), principal contractor for
construction of the Seabrook Nuclear Power Station, identified deficiencies
in a QC inspection report of liquid penetrant and magnetic particle testing.
Rather than assuming the deficiency to be an isolated occurrence, P-H
investigated other reports prepared by the individual and found similar
deficiencies. As a result, the individual's employment was terminated in
April 1983.
Subsequently, during an investigation conducted by the NRC's Office of
Investigation (OI), the individual, after initial denial, admitted
falsifying the inspection reports in that he documented work as being
complete and acceptable when, in fact, he had not performed the inspection
of the work. Further, the individual also admitted that he had lied on his
job application and resume regarding his formal education and previous NDE
certification. The case was
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IN 85-97
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December 26, 1985
referred to the Department of Justice and on September 30, 1985, the U.S.
Attorney in New Hampshire announced that the individual was sentenced to six
months imprisonment and three years probation ,following his guilty plea to
two counts of an indictment charging, under 18 U.S.C. 1001, that he filed
false statements on documents required by the NRC to be maintained.
Discussion:
Licensees have the responsibility to ensure the safe construction and opera-
tion of nuclear power generating facilities to ensure quality in all
licensed activities. In so doing, licensees must not only use trained
individuals, maintain accurate records, and provide adequate procedures, but
must also exercise supervision over their employees and their contractor
employees to assure adherence to procedures and NRC requirements. While
violations of NRC requirements caused by inattention to detail or human
error are unacceptable to the NRC and may result in civil enforcement
action, they do not subject individuals to criminal prosecution. However,
violations caused by intentional acts may subject corporations, the
individual wrongdoer, and others who knew and condoned his acts to criminal
prosecution. As evidenced by this reported case, the criminal sanctions
available may include a jail sentence.
No specific action or written response is required by this information
notice. If you have any questions about this matter, please contact the
Regional Administrator of the appropriate regional office or this office.
Edward L. Jordan, Director
Division of Emergency Preparedness
and Engineering Response
Office of Inspection and Enforcement
Technical Contact: Steve Burns, ELD
492-7268
Attachment: List of Recently Issued Information Notices
