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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. .
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