DOE Proposes $250K Penalty for Fluor-B&W Portsmouth Data Falsification

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.

Simonson went on to write, “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.” 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 yesterday, “"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 does not plan to contest the penalty, contractor spokesman Jeff Wagner said yesterday. “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.