Prosecutors: Indian Point Chemist Lied to Hide NRC Violation

A former supervisor at the Indian Point nuclear plant was charged July 22 with falsifying records to show that diesel fuel in the backup generators met Nuclear Regulatory Commission specifications.

In a statement today, Preet Bharara, the United States Attorney for the Southern District of New York, said Daniel Wilson, 57, of Walden, New York, is charged in a two-count Complaint with willfully violating rules of the NRC by engaging in deliberate misconduct, in violation of Title 42, United States Code, Section 2273, and with making false statements in a matter within the jurisdiction of the NRC, in violation of Title 18, United States Code, Section 1001.
 
He was arrested today, appeared in the White Plains federal courthouse and was released on bail. If convicted, he faces a maximum sentence of seven years in prison.

Indian Point has to comply with technical specifications. If it does not, it can be shut down until it complies, Bharara's office said.

"Wilson, the Chemistry Manager at Indian Point from 2007 through 2012, was responsible for, among other things, ensuring that certain aspects of the operation at Indian Point were in compliance with the required technical specifications. One such requirement regards the amount of particulate matter in the diesel fuel used to power emergency generators at Indian Point, which must not exceed a set limit. In 2011, tests of the diesel fuel maintained for use in powering the emergency generators at Indian Point showed that the ratio of particulate matter in the diesel fuel exceeded the limit set by the NRC," Bharara's office said in the announcement.

It is alleged that tests of the diesel fuel in the backup generators found the level of particulate matter in the fuel was over the allowable limit in 2011. Wilson is accused of writing a report saying retesting showed the particulate matter had dropped below the limit when no retesting had been done.

"In a subsequent interview with NRC personnel, Wilson admitted that he had fabricated the test results so that Indian Point would not have to shut down," Bharara's office said.

The original 40-year operating licenses for Indian Point Units 2 and 3 are due to expire on Sept. 28, 2013 and Dec. 12, 2015. The company has been fighting for license renewal for five years. Public interest organizations have argued against renewal; Gov. Andrew Cuomo is against it. The Atomic Safety and Licensing Board held hearings in Tarrytown this fall.