DOE to Fine FBP Approx. $250,000 For Data Falsification Incident
WC Monitor
2/6/2015
Fluor-B&W Portsmouth, LLC, the D&D contractor at the Portsmouth Gaseous Diffusion Plant, is facing a proposed fine of almost a quarter-of-a-million dollars from the Department of Energy in connection with a 2013 data falsification incident. Late last week, the DOE Office of Enforcement issued FBP a preliminary notice of violation outlining one Severity Level 1 violation, three Severity Level 2 violations and one Severity Level 3 violation of Department requirements tied to the April 2013 incident where workers were found to have improperly altered radiation protection (RP) records. “DOE considers the falsification and other improper alteration of RP records to be of high safety significance,” Office of Enforcement Director Steven Simonson in a Jan. 29 letter to FBP Site Project Director Dennis Carr. “Although no individuals received a radiological dose as a result of these events, the events uncovered extensive breakdowns in the FBP RP program, including willful falsification of documents by FBP managers and posed an elevated risk of unplanned radiological exposures to PORTS workers and the public,” Simonson wrote.
The April 2013 incident involved 32 instances where radiation protection documents had been found to have been falsified, according to DOE. The records appeared to have been changed to cover instances where the radiological monitors had been kept in service after failing a source check. FBP said at the time that there had been no evidence that contaminated items may have been improperly released from a radiological area as result of the use of detectors that did not pass source checks. The contractor terminated 14 employees involved in the incident.
According to DOE, though, an extent-of-condition review conducted by FBP found other instances where radiation protection records had been changed improperly. The review “identified hundreds of records changed without managerial approval, without using an authorized process and without any notation,” the preliminary notice of violation says. Along with the improper alteration of records, DOE cited FBP for failing to effectively implement quality improvement programs; failing to ensure that monitoring equipment is routinely tested for operability and failing to effectively implement work processes; failing to appropriately management radiation protection record; and failing to ensure adequate training and qualification of radiation protection personnel.
DOE Reduced Penalty For Corrective Actions
DOE originally proposed a penalty of $390,000 but chose to reduce the proposed fine to $243,750 in recognition for FBP identifying issues and taking corrective action. Describing the final proposed penalty as “reasonable and commensurate with the serious nature of the violations, “ a DOE spokesman said this week, “Nuclear safety and radiation protection are a priority for the Department and its enforcement program supports this priority by holding contractors accountable for meeting nuclear safety and radiation protection regulatory requirements. The Portsmouth/Paducah office worked closely with the Department’s Office of Enterprise Assessments throughout its investigation and is overseeing Fluor B&W Portsmouth’s continuing implementation of corrective actions to ensure compliance with all requirements.”
FBP Won’t Challenge Fine
FBP does not plan to contest the penalty, contractor spokesman Jeff Wagner said. “FBP notes the significance of the events that led to the Department’s enforcement action. We are in agreement with the Department’s cited issues and further appreciate their awarding FBP notable mitigation based upon our self-identification of the falsifications and in recognition of our comprehensive corrective actions that included termination of the 14 staff members involved,” Wagner said.
