United States Nuclear Regulatory Commission - Protecting People and the Environment

Escalated Enforcement Actions Issued to Non-Licensees - C

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Name and
NRC Action Number
Action Type
(Severity) &
Civil Penalty
(if any)
Date Issued Description
Chicago Bridge and Iron
Lake Charles, LA
EA-13-196
ORDER
09/25/2014 On September 25, 2014, the NRC issued a Confirmatory Order (CO) to the Chicago Bridge and Iron Company (CB&I) to confirm commitments reached as part of an alternative dispute resolution (ADR) mediation settlement agreement between CB&I and the NRC.  An investigation completed by the NRC Office of Investigations (OI) on August 7, 2013, concluded that three employees at the Shaw Modular Solutions (SMS) Lake Charles, LA, fabrication facility (now owned and operated by CB&I) deliberately subverted SMS welder qualifications requirements when: (1) a welder took welding qualifications tests for another coworker; (2) the coworker allowed the welder to take the qualifications tests on his behalf; and (3) the weld test administrator certified that the coworker passed his welder qualifications tests when he knew that the tests were performed by another person. The actions on the part of the three SMS employees caused the company to be in violation of Title 10 of the Code of Federal Regulations, Section 52.4, “Deliberate misconduct.” Through mediation, CB&I agreed to take several measures to enhance the understanding of NRC requirements and the significance of willful violations for all company employees, including contractors and subcontractors, at all CB&I locations where NRC-regulated activities are performed. These measures build upon a previously-issued CO and include improving quality control and processing for welding products; enhancing new employee training to highlight the errors behind the recent violations; and enhancing CB&I’s nuclear safety culture monitoring program based on lessons from the recent violations.
Chicago Bridge and Iron
Charlotte, NC
EA-12-189
ORDER
09/16/2013

On September 16, 2013, the Nuclear Regulatory Commission (NRC) issued a Confirmatory Order to Chicago Bridge & Iron (CB&I) to formalize commitments made as a result of an ADR mediation session. CB&I agreed to these commitments as part of a settlement agreement with the NRC regarding two violations of 10 CFR 52.5, "Employee protection," for: (1) terminating a former Quality Assurance Supervisor because he/she notified another NRC licensee of potential 10 CFR Part 21 issues regarding possible faulty rebar that may have been shipped to their facility by a third party vendor; and (2) prohibitive language in the company's Corporate Code of Conduct which prohibits, restricts, or otherwise discourages an employee from participating in a protected activity including notifying an NRC licensee of matters within the NRC's regulatory responsibility.

As the result of the mediation, CB&I agreed to take a number of actions for all persons employed by CB&I, including contractors and subcontractors, excluding short term employees, who are engaged in work associated with NRC-regulated activities. Those actions include: (1) reinforcing through a written communication from CB&I's Chief Executive Officer the Company's strategy to improve its nuclear safety culture; (2) updating its nuclear safety culture and safety conscious work environment policies and documents to ensure they are consistent with and informed by NRC and industry guidance, (3) developing and/or revising the company's employee protection, nuclear safety culture and safety conscious work environment training; (4) establishing a uniform Executive Review Board process to ensure independent management review of all proposed significant adverse actions; and (5) performing tailored comprehensive nuclear safety culture assessments, including site surveys, of all CB&I nuclear business entities.

In consideration of these commitments and subject to the satisfactory completion of the conditions of the Confirmatory Order by CB&I, the NRC is exercising enforcement discretion and withdrawing the Notice of Violation and Proposed Imposition of Civil Penalties ($36,400) that was issued on April 18, 2013.

Construction Products Research, Inc.
Fairfield, CT
EA-97-471
NOV
(SL I)
01/16/1998 Discrimination against individual.
Crane Nuclear, Inc.
Kennesaw, GA
EA-01-073
NOV
(SL III)
01/17/2001 On January 17, 2002, a Notice of Violation was issued for a Severity Level III violation involving discrimination against two pump mechanics at the D.C. Cook Nuclear Power Station for engaging in protected activities.
Page Last Reviewed/Updated Monday, October 06, 2014