Question about PADS/Blacklisting

[Hanji]

I am posting this here because, after reading through many of the threads, I think there may be one or two people who can point me in the right direction w/r/t PADS.

Backstory (general):

20 plus years Navy Nuke, retired Chief with a clean record. Post-retirement employment with a utility in Operations, earned a SRO Cert and was considered to be a good employee (per evals).  Started applying to other opportunities within the utility because I felt there was little upward mobility in my department, but this did not sit well with supervisors/dept. manager.  Hindsight being 20/20, I see now that I could've handled this more diplomatically, but at the time I was chafing against the culture in the department and wanted to move on, if possible.  During this time I was tasked with an assignment that required review. I consulted with the reviewer by phone and had his verbal approval to sign off on assignment, and so I did.  This was questioned by my supervisor, and I initially denied doing this but then admitted that the reviewer had not physically looked at the project and instead gave me his verbal okay. When questioned, the reviewer denied speaking to me or giving a verbal approval, so it quickly became my word versus his.  I was discharged from my job with the utility for this falsification and was told that I would be subjected to a 6 month "ban" on PADS, but that was for our facility only and would not be global.   It goes without saying that I knew I was in the wrong and take full and complete responsibility for my actions.  I appealed the decision on the basis that this was a single incident in over 20 years in nuclear power, but the appeal was denied. 

I have since learned the hard way that there is no such thing as a "local" or "temporary" ban as I was denied UA at another plant where I was to deliver training for my current employer.  My current employer knows the details of my discharge from the utility (I willingly gave them copies of all paperwork) but feels that I should pursue legal action to have the denial of access removed from PADS as it amounts to blacklisting.  Current employer's HR has reached out to dismissing utility's HR and Security repeatedly to clarify dismissal and revocation of UA but has not gotten any answers, which is why legal action has been recommended.

My question, then, is this--do I even have the nub of a leg to stand on in pursuing legal action?  Current employer's HR finds it hard to believe that I would be subject to such harsh penalty or blacklisting for one isolated incident, but they also do not understand the in the nuclear industry all it takes is one incident.  I am not looking to return to the nuclear industry (in fact, I have been contacted by recruiters but once I tell them about the dismissal/revocation, you can hear the door slamming shut), but I would like to be able to go back to HR and my managers with an answer as to why or why not it is worth pursuing.

I would appreciate any insight or advice.  I understand that many of you will have strong opinions as to why I should never be granted access again, and I can appreciate your point of view. 

Thank you

[Graphic]

You wouldn't get anywhere trying to pursue legal action. In the new revision of the PHQ's a question was added that asks if you ever had an NRC escalated
Enforcement action against you. The question covers many things but it would be something that would apply to you. You could google that term and it will take you to the NRC's  page.

The biggest issue is the fact you lied and you were an SRO at that, if I read your post right. I don't know all the details on what you lied
About but you're talking something that could have played a role in major safety issues for the plant, surrounding public etc. The 6 month ban would have been PADS wide. So in other words all US utilities.. Not all nukes in the world use pads.

You have no legal ground to stand on. Your chances of getting back in now are slim. You definitely would have the hardest time getting back in the same
Utility you had this issue with, highly doubt they'd even review it. If you were to try and gain access your best bet is with a different utility. I realize you said you aren't trying to but I'm just giving you the reality of it. Even if one person from a new utility said "yeah we will take him" , you'll have 6 more who say no from the same place. It isn't blacklisting you falsified records that could possibly have jeopardized lives, the plant and many things. Whether or not it was that big of a falsification on your part I don't know. If it was something that wasn't that bad then you would have a better chance of regaining clearance. Either way you are talking a huge mountain to climb and just like that appeal you were denied on, very rarely are those type cases won. Too many people out there to fill your shoes for anyone to really want to risk it

What do you think the Navy would do? I'm no military expert but I assume you would lose rank at the least if not dishonorably discharged according to the severity?

[Hanji]

Thanks for your reply, Graphic.

You are absolutely right that the bottom line is that I lied and at the end of the day, it doesn't matter how big or small it was--a lie is a lie. I have spent countless hours going over the situation in my head and regret it constantly. It has had a lasting effect not only on myself but on my family as well, and to have it rear its head 18 months later in my current job is troubling. My supervisor is concerned that the most recent denial of access at a utility will become a greater issue in the future if it means that no site wil allow me on to deliver training. Again, I'm not working directly in the field, but rather with a company that supplies components to energy operations. 

Perhaps the question I should be asking is will it be highly unlikely that I will ever be granted UA as a contract instructor at any plant with this on my record?

[Content1]

At this  point it would not hurt to talk with an experienced attorney in the field then from people with opinions.  A lie given in haste should not blacklist you indefinitely.  Even the president lied and if he got away with it, why shouldn't you?

[GLW]

At this  point it would not hurt to talk with an experienced attorney in the field then from people with opinions.  A lie given in haste should not blacklist you indefinitely. Even the president lied and if he got away with it, why shouldn't you?

For Mrs. Kravitz from the Springfield Central School District who visits as a guest for the lively banter found in the NW.com open forums:


I forward the assessment that this perspective is a distinct minority viewpoint and ethics position in the commercial nuclear power industry,...

[Contract SRO]

At this  point it would not hurt to talk with an experienced attorney in the field then from people with opinions.  A lie given in haste should not blacklist you indefinitely.  Even the president lied and if he got away with it, why shouldn't you?

If your comfortable being compared to Used Car sales people, Lawyers, and Politicians who all make a living by telling what ever they want to in order to accomplish their goal then go for it.  But please go for it in those professions that most people know lying is a way of life.  Nuclear power is not a place where erosion of integrity should be accepted.