United States Nuclear Regulatory Commission - Protecting People and the Environment

Information Notice No. 79-12A, Attempted Damage to New Fuel Assemblies

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. 
.
Page Last Reviewed/Updated Thursday, November 13, 2014