[Federal Register Volume 59, Number 60 (Tuesday, March 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-7325]


[[Page Unknown]]

[Federal Register: March 29, 1994]


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NUCLEAR REGULATORY COMMISSION
[IA 94-003]

 

Robert C. Dailey; Order Prohibiting Involvement in Certain NRC-
Licensed or Regulated Activities (Effective Immediately)

I

    Robert C. Dailey is employed by Nuclear Support Services, Inc. 
(NSSI) of Hershey, Pennsylvania, as Vice President of Safety. NSSI 
provides health physics personnel and support to various nuclear power 
plants. Mr. Dailey was the NSSI Security Officer from November 1989 to 
May 1991. As NSSI Security Officer, Mr. Dailey was responsible for 
requesting unescorted access authorization for NSSI personnel to 
nuclear power plants which included complying with the NRC fitness-for-
duty (FFD) program requirements (10 CFR part 26).

II

    Mr. Dailey, as a representative of NSSI, provided letters to NRC 
reactor licensees requesting unescorted access authorization for NSSI 
personnel and certifying that personnel met all FFD and access 
authorization requirements. Licensees use this information in 
determining whether the individual should be granted unescorted access 
authorization and this information is therefore material.

III

    On August 14, 1991, two NRC licensees (Northern States Power 
Company (NSP) and Wisconsin Electric Power Company (WEPC)) submitted 
Licensee Event Reports (LER) to the Commission because an NSSI employee 
had been improperly granted unescorted access to the NSP Prairie Island 
plant and the WEPC Point Beach plant based on written requests for such 
access from Mr. Dailey which stated that the employee met all of the 
FFD requirements for unescorted access. However, in fact, the employee 
had four past drug-related access denials at other nuclear power plants 
since 1987. Both Licensee Event Reports noted that NSSI was aware of 
the past denials.
    An investigation was initiated by the NRC Office of Investigations 
(OI). The OI investigation concluded that Mr. Dailey had sent on three 
occasions to Point Beach, and one occasion to Prairie Island, letters 
stating that the person for whom he was requesting unescorted access 
had met all FFD requirements and had no positive drug or alcohol use 
test results within the previous five years. The OI investigation 
concluded that the letters sent by Mr. Dailey were inaccurate because 
the person did have positive drug or alcohol use test results.
    Despite the statements in the access authorization request letters, 
Mr. Dailey told the OI investigator during a January 1993 interview 
that he had verbally advised the appropriate NSP and WEPC security 
personnel of the past positive test results. These licensee 
representatives denied being advised of such information. Mr. Dailey's 
statement to the OI investigator, which was subsequently determined to 
be false, constitutes a violation of 10 CFR 50.5(a)(2).

IV

    The NRC must be able to rely on licensee contractor personnel to 
comply with NRC requirements, including the requirement to provide 
information and maintain records that are complete and accurate in all 
material respects. Mr. Dailey's deliberate violation of 10 CFR 50.5 has 
raised serious doubt as to whether he can be relied upon to comply with 
NRC requirements and to provide complete and accurate information to 
the NRC, a licensee or an employer engaged in NRC-licensed or regulated 
activities.
    Consequently, I lack the requisite assurance that licensed 
activities under NRC jurisdiction can be conducted by Mr. Dailey in 
compliance with the Commission's requirements. Therefore, I have 
concluded that the public health, safety and interest require that Mr. 
Dailey be prohibited from participating in NRC-licensed or regulated 
activities for a period of five years from the date of this Order. In 
addition, during the same period, should he seek employment with any 
person whose operations he knows or suspects involve any NRC-licensed 
or regulated activities, Mr. Dailey is required to give notice of the 
existence of this Order to that person to assure that such employer is 
aware of Mr. Dailey's history and the restrictions on his activities 
imposed by this Order. Furthermore, pursuant to 10 CFR 2.202, I find 
that the significance of the conduct described above is such that the 
public health, safety and interest require that this Order be 
immediately effective.
    Accordingly, pursuant to sections 62, 63, 81, 103, 161b, 161i, 
161o, 182, and 186 of the Atomic Energy Act of 1954, as amended, and 
the Commission's regulations in 10 CFR 2.202, 10 CFR 26.27, and 10 CFR 
50.5, It is hereby ordered, effective immediately, That:
    1. Robert C. Dailey is prohibited for five years from the date of 
this Order from participating in NRC-licensed or regulated activities.
    2. Should Robert C. Dailey seek employment with any person or 
entity whose operations he knows or has reason to believe involve any 
NRC-licensed or regulated activities during the five-year period from 
the date of this Order, Mr. Dailey shall provide a copy of this Order 
to such person or entity at the time Mr. Dailey same address, to the 
Regional Administrator, NRC Region III, 801 Warrenville Road, Lisle, IL 
60532-4351, and to Robert C. Dailey, if the answer or hearing request 
is by a person other than Robert C. Dailey. If a person other than 
Robert C. Dailey requests a hearing, that person shall set forth with 
particularity the manner in which his or her interest is adversely 
affected by this Order and shall address the criteria set forth in 10 
CFR 2.714(d).
    If a hearing is requested by Robert C. Dailey or a person whose 
interest is adversely affected, the Commission will issue an Order 
designating the time and place of any hearing. If a hearing is held, 
the issue to be considered at such hearing shall be whether this Order 
should be sustained.
    Pursuant to 10 CFR 2.202(c)(2)(i), Robert C. Dailey, or any other 
person adversely affected by this Order, may, in addition to demanding 
a hearing, at the time the answer is filed or sooner, move the 
presiding officer to set aside the immediate effectiveness of the Order 
on the ground that the Order, including the need for immediate 
effectiveness, is not based on adequate evidence but on mere suspicion, 
unfounded allegations, or error.
    In the absence of any request for hearing, the provisions specified 
in Section IV above shall be final 20 days from the date of this Order 
without further order or proceedings. An answer or a request for 
hearing shall not stay the immediate effectiveness of this order.

    For the Nuclear Regulatory Commission.

    Dated at Rockville, Maryland this 22nd day of March 1994.

James L. Milhoan,
Deputy Executive Director for Nuclear Reactor Regulation, Regional 
Operations and Research.
[FR Doc. 94-7325 Filed 3-28-94; 8:45 am]
BILLING CODE 7590-01-M