[Federal Register Volume 59, Number 128 (Wednesday, July 6, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-16313]


[[Page Unknown]]

[Federal Register: July 6, 1994]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 55-60117, License No. SOP-11160, IA 94-014]

 

Order Prohibiting Involvement in 10 CFR Part 55 Licensed 
Activities (Effective immediately)

    In the Matter of: Stephen Mignotte, Senior Reactor Operator.

I

    Stephen Mignotte (Mr. Mignotte) held Senior Reactor Operator 
License No. SOP-11160 (License) issued by the Nuclear Regulatory 
Commission (NRC or Commission) pursuant to 10 CFR Part 55. The license 
authorized Mr. Mignotte to manipulate, and to supervise the 
manipulation of, the controls of the nuclear power reactor at the New 
York Power Authority's (Facility Licensee) Indian Point 3 Nuclear Power 
Plant in Buchanan, New York. On November 23, 1993, Mr. Mignotte 
resigned his employment with the New York Power Authority, which caused 
the License to expire. Additionally, the Facility Licensee, in a letter 
dated December 23, 1993, informed the NRC that the New York Power 
Authority no longer had a need to maintain Mr. Mignotte's operating 
license for the Indian Point Unit 3 Nuclear Power Plant.

II

    The responsibilities associated with a Senior Reactor Operator 
license issued pursuant to 10 CFR Part 55 require that individuals be 
fit for duty while performing safety-related activities at the 
facility. The character of the individual, which includes the 
individual's trustworthiness, is a consideration in issuing an operator 
license. See Section 182a of the Atomic Energy Act of 1954, as amended 
(42 U.S.C. 2232a). In determining whether or not an individual seeking 
a license to be a reactor operator or senior reactor operator has the 
necessary character and trustworthiness, the Commission takes into 
account any history of illegal drug use by the applicant. Prior to May 
26, 1987, each applicant for a reactor operator or senior reactor 
operator license was required to certify that the applicant had no drug 
or narcotic habit on the Certificate of Medical Examination, NRC Form 
396. Since that time, the NRC has required an evaluation of the 
applicant prepared by a physician as part of a license application. See 
10 CFR 55.23(a). This evaluation is presented on a Certificate of 
Medical Examination, NRC Form 396. See 10 CFR 55.23. Among the factors 
to be considered by the certifying physician are factors such as use of 
illegal drugs or abuse of alcohol. See Form 396; see also ANSI/ANS 3.4-
1983, Section 5.2.2.
    In accordance with 10 CFR Part 26, the Facility Licensee 
established a program to provide reasonable assurance that nuclear 
power plant personnel are not under the influence of any substance, 
legal or illegal, which affects their ability to safely and competently 
perform their duties, including measures for early detection of persons 
who are not fit to perform licensed activities. In addition, licensed 
operators are required by 10 CFR 55.53(j) to refrain from use of 
illegal drugs, including marijuana and cocaine. Licensed operators are 
also required by 10 CFR 55.53(k) to participate in 10 CFR Part 26 
fitness-for-duty programs established by the Facility Licensees.

III

    On November 23, 1993, Mr. Mignotte, while on duty as a Senior 
Reactor Operator at the Indian Point 3 facility, was requested by the 
Facility Licensee to provide a urine sample to the nurse at the plant 
after being randomly selected as part of the routine fitness for duty 
chemical testing program required of the Facility Licensee by the NRC 
pursuant to 10 CFR 26.24. After receiving a sample from Mr. Mignotte, 
the nurse checked the temperature of the sample, noticed that it felt 
``cool to the touch'', and found that the temperature was below 
specifications in 10 CFR Part 26, Appendix A, Sec. 2.4(g)(14), for 
acceptable urine samples. As a result, Mr. Mignotte was requested to 
provide a witnessed urine sample to the Facility Licensee in accordance 
with the same section of the Appendix. Mr. Mignotte provided a second 
sample which was subsequently determined, on November 30, 1993, to 
contain both marijuana and cocaine above cutoff levels specified by the 
Appendix. After the witnessed urine sample had been collected on 
November 23, 1993, Mr. Mignotte was suspended from licensed duties and 
he subsequently resigned that same day. These facts were provided to 
the NRC by the Facility Licensee, in letters dated December 23, 1993 
and January 3, 1994, and were discussed in the report of an NRC 
inspection conducted January 12-13, 1994.
    The results of the second, witnessed urine sample indicate that Mr. 
Mignotte used illegal drugs, which is a violation of the conditions of 
his license imposed by 10 CFR 55.53(j). Furthermore, his performance of 
licensed duties while under the influence of illegal drugs is also a 
violation of the conditions of his license imposed by 10 CFR 55.53(j). 
Based on the temperature of the first urine sample provided by Mr. 
Mignotte and the fact that the first sample yielded negative results 
when tested for illegal substances while the subsequent, witnessed 
sample yielded positive results, I conclude that the first sample was a 
surrogate false sample, submitted by Mr. Mignotte in an attempt to 
conceal illegal drug use.
    10 CFR 50.5(a)(2) prohibits any employee of a licensee from 
deliberately submitting to the NRC, a licensee, or a licensee's 
contractor or subcontractor, information that the person submitting the 
information knows to be incomplete or inaccurate in some respect 
material to the NRC. The urine samples collected within the context of 
a licensee's chemical testing program pursuant to the requirements of 
10 CFR Part 26 represent information material to an access 
authorization and fitness-for-duty decision. Therefore, Mr. Mignotte's 
deliberately submitting inaccurate information material to the NRC in 
the form of a false sample is a violation of 10 CFR 50.5(a)(2). In 
addition, Mr. Mignotte violated 10 CFR 50.5(a)(1) by deliberately 
providing to the Facility Licensee a surrogate urine sample that he 
knew to be inaccurate at the time he submitted it and which, but for 
detection, would have caused the Facility Licensee to be in violation 
of 10 CFR 50.9(a).
    Mr. Nignotte's failure to comply with the prohibition against 
illegal drug use and his attempts to circumvent the chemical testing 
program to avoid detection of illegal drug use while employed by the 
Facility Licensee are violations of the conditions of Mr. Mignotte's 
license imposed by 10 CFR 55.53 (j) and (k), and demonstrate an 
intentional disregard for the important obligations of a licensed 
operator.

IV

    Based on the above, Mr. Mignotte, an employee of the New York Power 
Authority at the time of the incident, engaged in deliberate misconduct 
in violation of 10 CFR 50.5(a)(1) and (2) by deliberately violating 10 
CFR 55.53(k), in that he submitted to the facility licensee information 
which he knew to be inaccurate in some respect material to the NRC. Mr. 
Mignotte, a licensed Senior Reactor Operator at the time of the event, 
also used illegal substances and performed licensed duties while under 
the influence of illegal substances in violation of 10 CFR 55.53(j), 
and deliberately failed to participate in the fitness-for-duty program 
established by the facility licensee in violation of 10 CFR 55.53(k).
    The NRC must be able to rely on its licensees and their employees, 
especially NRC-licensed operators, to comply with NRC requirements, 
including the requirement to provide information and maintain records 
that are complete and accurate in all material respects. Mr. Mignotte's 
actions in using illegal drugs and attempting to circumvent fitness-
for-duty requirements have raised serious doubt as to whether he can be 
relied upon to comply with NRC requirements applicable to licensed 
individuals and to provide complete and accurate information to the 
NRC.
    Consequently, I lack the requisite reasonable assurance that Mr. 
Mignotte will conduct any 10 CFR Part 55 licensed activities in 
compliance with the Commission's requirements and that the health and 
safety of the public will be protected with Mr. Mignotte engaged in 
such licensed activities at this time. Therefore, I find that the 
public health, safety, and interest require that Mr. Mignotte be 
prohibited from involvement in 10 CFR Part 55 licensed activities for 
three years from the date of this Order. Furthermore, pursuant to 10 
CFR 2.202, I find that the significance of the misconduct described 
above is such that the public health, safety and interest require that 
this Order be immediately effective.

V

    Accordingly, pursuant to sections 103, 107, 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 50.5, and 10 CFR 
55.61, it is hereby ordered, effective immediately, that:

    A. Mr. Mignotte is prohibited for three years from the date of 
this Order from engaging in licensed operator activities licensed by 
the NRC pursuant to 10 CFR Part 55.
    B. For a period of three years from the date of this Order, Mr. 
Mignotte shall provide a copy of this Order to any prospective 
employer engaged in activities licensed by the NRC pursuant to 10 
CFR Part 50 prior to his acceptance of employment with such 
prospective employer so that the employer will have notice of the 
prohibition against Mr. Mignotte's involvement in licensed operator 
activities licensed pursuant to 10 CFR Part 55.
    C. For three years from the date of this Order, Mr. Mignotte 
shall provide notice to the Director, Office of Enforcement, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555, of the name, 
address, and telephone number of the employer, within 72 hours of 
his acceptance of an employment offer, from an employer who is 
engaged in activities licensed by the NRC pursuant to 10 CFR Part 
50.

    The Director, Office of Enforcement may, in writing, relax or 
rescind any of the above conditions upon demonstration by Mr. Mignotte 
of good cause.

VI

    In accordance with 10 CFR 2.202, Mr. Mignotte must, and any other 
person adversely affected by this Order may, submit an answer to this 
Order, and may request a hearing within 20 days of the date of this 
Order. The answer may consent to this Order. Unless the answer consents 
to this Order, the answer shall, in writing and under oath or 
affirmation, specifically admit or deny each allegation or charge made 
in this Order and shall set forth the matters of fact and law on which 
Mr. Mignotte or other person adversely affected relies and the reasons 
as to why the Order should not have been issued. Any answer or request 
for a hearing shall be submitted to the Secretary, U.S. Nuclear 
Regulatory Commission, ATTN: Chief, Docketing and Service Section, 
Washington, DC 20555. Copies also shall be sent to the Director, Office 
of Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 
20555; to the Assistant General Counsel for Hearings and Enforcement at 
the same address; to the Regional Administrator, Region I, U.S. Nuclear 
Regulatory Commission, 475 Allendale Road, King of Prussia, PA 19406; 
and to Mr. Mignotte, if the answer or hearing request is by a person 
other than Mr. Mignotte. If a person other than Mr. Mignotte requests a 
hearing, that person shall set forth with particularity the manner in 
which his 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 Mr. Mignotee 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), Mr. Mignotee or any person 
adversely affected, by this Order, may, in addition to demanding a 
hearing, at the time that 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 a 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 a hearing shall not stay the immediate effectiveness of this order.

    Dated at Rockville, Maryland this 28th day of June 1994.

    For the Nuclear Regulatory Commission.
James L. Milhoan,
Deputy Executive Director for Nuclear Reactor Regulation, Regional 
Operations and Research.
[FR Doc. 94-16313 Filed 7-5-94; 8:45 am]
BILLING CODE 7590-01-M