[Federal Register Volume 62, Number 5 (Wednesday, January 8, 1997)]
[Notices]
[Pages 1135-1137]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-399]
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NUCLEAR REGULATORY COMMISSION
[IA 96-103]
Cecil Ray Owen; Order Prohibiting Involvement in NRC-Licensed
Activities (Effective Immediately)
I
Between January 25, 1995 and May 23, 1995, Mr. Cecil Ray Owen was
employed by Westinghouse Electric Corporation (WEC) as a millwright at
Virginia Electric and Power Company's (VEPCO) North Anna Power Station
(NAPS). VEPCO holds License Nos. NPF-4 and NPF-7 for North Anna Units 1
and 2, issued by the Nuclear Regulatory Commission (NRC or Commission)
pursuant to 10 CFR Part 50 on April 1, 1978 and August 21, 1980,
respectively. The licenses authorize VEPCO to operate NAPS in
accordance with the conditions specified therein. WEC is a contractor
to VEPCO and provides various services at NAPS.
II
10 CFR 73.56 requires, in part, that nuclear power plant licensees
implement access authorization programs or accept a contractor's access
authorization program for individuals seeking unescorted access to
protected and vital areas of nuclear power plants. The objective of the
regulation is to provide high assurance that individuals granted
unescorted access are trustworthy and reliable and do not constitute an
unreasonable risk to the health and safety of the public. The
unescorted access authorization program must include a background
investigation, including an individual's employment history. The
decision to grant unescorted access authorization must be based upon
the licensee's review and evaluation of all pertinent information
developed.
III
In order to be certified for unescorted access at NAPS, Mr. Owen
was required to complete a WEC preemployment security questionnaire
which included a requirement that he list all prior employment for the
last five years. Mr. Owen completed the questionnaire in January 1995.
The questionnaire was used by WEC to conduct a background
investigation. Mr. Owen was granted unescorted access authorization to
NAPS on the basis of information he submitted on this WEC preemployment
security questionnaire. Information regarding prior drug usage is
material to the NRC in that licensee fitness-for-duty
[[Page 1136]]
programs must provide reasonable assurance that plant personnel will
perform their tasks in a reliable and trustworthy manner and are not
under the influence of any substance, legal or illegal, which in any
way adversely affects their ability to safely and competently perform
their duties. Fitness-for-duty programs must also provide reasonable
measures for early detection of persons not fit to perform activities.
Withholding information regarding prior drug usage circumvents these
provisions of the fitness-for-duty programs. Deliberate misconduct
demonstrates untrustworthiness to conduct activities at an NRC-licensed
facility.
The Nuclear Regulatory Commission Office of Investigations (OI)
conducted an investigation, completed on June 26, 1996, which found
that Mr. Owen completed the WEC background questionnaire for a position
at NAPS and deliberately failed to identify previous employment, within
the five year period, where his employment was terminated for a
positive drug test.
The deliberate misconduct rule in 10 CFR 50.5(a)(2) provides, in
part, that an employee of a licensee, or employee of a contractor or
subcontractor of a licensee, may not deliberately submit to the
licensee, or the licensee's contractor or subcontractor, information
that the employee knows to be incomplete or inaccurate in some respect
material to the NRC. Mr. Owen violated this provision in that he was
employed by WEC, a contractor to VEPCO, an NRC licensee, and
deliberately provided information to WEC that was not complete, in that
he did not identify one previous employer on an access authorization
questionnaire he filled out at WEC's request. This information was
material to the NRC as WEC and VEPCO relied on it in order to satisfy
the requirement of 10 CFR Part 26 (Fitness for Duty Programs) and 10
CFR 73.56 (Personnel access authorization requirements for nuclear
power plants).
Other pertinent information call into question Mr. Owen's
credibility and trustworthiness. Mr. Owen, when questioned by OI, did
not admit that he had falsified the questionnaire. Mr. Owen asserted
that the questionnaire he completed had a statement on the bottom that
only those periods of employment in excess of 30 days be included. When
confronted with a photocopy of the questionnaire he signed, which
contained instructions to list all employment for the previous five
years, Mr. Owen remained steadfast in his assertion that the form he
signed only required periods of employment in excess of 30 days. During
the OI interview, Mr. Owen repeatedly denied using illegal drugs.
However, when confronted with the laboratory results from his previous
employer, Mr. Owen admitted that he used marijuana on isolated
occasions.
Mr. Owen also told OI that he had not begun working at NAPS when he
was advised of his denial of unescorted access when, in fact, he was
employed at NAPS during the period between January 25 and May 23, 1995.
On August 19, 1996, the NRC sent a certified letter to Mr. Owen
advising him of the apparent violation of NRC requirements and offering
him the opportunity to attend a predecisional enforcement conference.
The letter required a written response within 30 days of receipt and
advised Mr. Owen that if he decided not to participate in a conference,
the NRC would proceed based on the OI findings. After Mr. Owen received
the letter, he telephoned Mr. A. Gibson, Director, Division of Reactor
Safety, in the Region II office. Mr. Owen commented that a ban would
affect his livelihood in that a large portion of his work was at
nuclear sites. Mr. Gibson said that Mr. Owen should address this
potential impact in his written response. As of the date of this Order,
the NRC had not received a written response from Mr. Owen.
IV
Based on the results of the OI investigation and the lack of any
additional information from Mr. Owen, the staff concludes that Mr.
Owen's omission was deliberate and in violation of 10 CFR 50.5(a)(2).
The NRC must be able to rely on licensees, contractors and their
employees to provide information that is complete and accurate in all
material respects. This is essential with respect to access
authorization programs at nuclear power plants because: (1) temporary
access determinations are made on the basis of information provided by
individuals prior to completion of a full background check; and, (2)
the purpose of an access authorization program is to assure the
trustworthiness and reliability of individuals granted unescorted
access. Mr. Owen's deliberate omission raises serious doubt as to
whether he can be relied upon to comply with NRC requirements and to
provide complete and accurate information to NRC licensees and their
contractors. His omission also raises doubts about his trustworthiness
and reliability.
Consequently, I lack the requisite reasonable assurance that
licensed activities can be conducted in compliance with Commission
requirements and that the health and safety of the public will be
protected if Mr. Owen were permitted at this time to be involved in
NRC-licensed activities. Therefore, public health and safety and the
public interest require that Mr. Owen be prohibited from any
involvement in NRC-licensed activities for a period of one year from
the date of this Order and, if he is currently involved with another
licensee in NRC-licensed activities, he must immediately cease such
activities, and inform the NRC of the name, address and telephone
number of the employer, and provide a copy of this Order to the
employer. Additionally, Mr. Owen is required to notify the NRC of his
first employment in NRC-licensed activities for one year following the
prohibition period. Furthermore, pursuant to 10 CFR 2.202, I find that
the significance of Mr. Owen's conduct described above is such that the
public health, safety and interest require that this Order be
immediately effective.
V
Accordingly, pursuant to sections 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 50.5 and 10 CFR 150.20, It is
hereby ordered, effective immediately, that:
A. Mr. Cecil Ray Owen is prohibited for one year from the date
of this Order from engaging in or exercising control over
individuals engaged in NRC-licensed activities, including obtaining
unescorted access at an NRC-licensed facility. If Mr. Owen is
currently involved in NRC licensed activities, he must immediately
cease such activities, inform the NRC of the name, address and
telephone number of the employer, and provide a copy of this Order
to the employer. NRC-licensed activities are those activities that
are conducted pursuant to a specific or general license issued by
the NRC, including, but not limited to, those activities of
Agreement State licensees conducted pursuant to the authority
granted by 10 CFR 150.20.
B. For one year following the period of prohibition set forth in
Paragraph V.A. above, Mr. Cecil Ray Owen shall, within 20 days of
his acceptance of his first employment offer involving NRC-licensed
activities as defined in Paragraph V.A above, provide notice to the
Director, Office of Enforcement, U. S. Nuclear Regulatory
Commission, Washington, D.C. 20555, of the name, address, and
telephone number of the employer or the entity where he is, or will
be, involved in NRC-licensed activities.
The notice shall include a statement of his commitment to
compliance with regulatory requirements and the basis why the
Commission should have confidence that he will now comply with
applicable NRC requirements.
[[Page 1137]]
The Director, Office of Enforcement, may relax or rescind, in writing,
any of the above conditions upon demonstration by Mr. Owen of good
cause.
VI
In accordance with 10 CFR 2.202, Mr. Owen must, and any other
person adversely affected by this Order may, submit an answer to this
Order, and may request a hearing on this Order, within 20 days of the
date of this Order. Where good cause is shown, consideration will be
given to extending the time to request a hearing. A request for
extension of time must be made in writing to the Director, Office of
Enforcement, U.S. Nuclear Regulatory Commission Washington, D.C. 20555,
and include a statement of good cause for the extension. 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. Owen 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, D.C. 20555. Copies
also shall be sent to the Director, Office of Enforcement, U.S. Nuclear
Regulatory Commission, Washington, D.C. 20555, to the Assistant General
Counsel for Hearings and Enforcement at the same address, and to the
Regional Administrator, NRC Region II, 101 Marietta Street, NW, Suite
2900, Atlanta, Georgia 30323 and to Mr. Owen if the answer or hearing
request is by a person other than Mr. Owen. If a person other than Mr.
Owen 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. Owen 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. Owen 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, or written approval of
an extension of time in which to request a hearing, the provisions
specified in Section V above shall be final 20 days from the date of
this Order without further order or proceedings. If an extension of
time for requesting a hearing has been approved, the provisions
specified in Section V shall be final when the extension expires if a
hearing request has not been received. An answer or a request for
hearing shall not stay the immediate effectiveness of this order.
Dated at Rockville, Maryland this 2nd day of January 1997.
For the Nuclear Regulatory Commission.
James L. Milhoan,
Deputy Executive Director for Nuclear Reactor Regulation, Research, and
Regional Operations.
[FR Doc. 97-399 Filed 1-7-97; 8:45 am]
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