[Federal Register Volume 62, Number 106 (Tuesday, June 3, 1997)]
[Notices]
[Pages 30348-30349]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-14396]
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NUCLEAR REGULATORY COMMISSION
[IA 97-032]
In the Matter of Mr. Daniel R. Baudino; Order Prohibiting
Involvement in NRC-Licensed Activities
I
Mr. Daniel R. Baudino was formerly employed by Bechtel Constructors
Inc. (Bechtel) at the Commonwealth Edison Company's Dresden Nuclear
Station (ComEd, Dresden, or Licensee) where he was granted unescorted
access. ComEd holds Facility Licenses No. DPR-2, No. DPR-19, and No.
DPR-25 issued by the Nuclear Regulatory Commission (NRC or Commission)
pursuant to 10 CFR part 50. These licenses authorize ComEd to operate
the Dresden Nuclear Station, Units 2 and 3, and possess and maintain
but not operate Unit 1 (Dresden Station) located near Morris, Illinois,
in accordance with the conditions specified therein.
II
In accordance with 10 CFR 73.56, nuclear power plant licensees must
conduct access authorization programs for individuals seeking
unescorted access to protected and vital areas of the plant with the
objective of providing 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 criminal history. The decision to grant
unescorted access authorization must be based on the licensee's review
and evaluation of all pertinent information.
In order to be certified for unescorted access at Dresden Station
as a contractor employee, Mr. Baudino completed Dresden Station forms
entitled ``Personal History Questionnaires for Unescorted Access''
(personal history questionnaires) on several occasions, including
January 16, 1992, and October 5, 1992. On each of these forms, Mr.
Baudino indicated and certified with his signature that he had never
been arrested and convicted of a criminal proceeding for the violation
of any law, regulation or ordinance, including driving under the
influence or traffic offenses other than non-personal injury traffic or
parking offenses. Mr. Baudino was subsequently granted unescorted
access to the Dresden station on each occasion, based in part on his
representations on the personal history questionnaires that he had no
criminal history. Mr. Baudino's unescorted access to the Dresden
Station was revoked for cause by the Licensee on December 5, 1995, for
other reasons than accurately completing his personal history
questionnaire.
During an investigation by the NRC Office of Investigations (OI) at
the Dresden Station, Mr. Baudino was interviewed by OI on March 14,
1996. During the interview, Mr. Baudino was shown copies of the
personal history questionnaires referenced above and acknowledged that
the signatures on each of the forms were his.
Mr. Baudino also acknowledged that his marking of an ``x'' in the
``no'' block under the question regarding criminal history indicated
that he had not been arrested or convicted of any offenses. When
confronted with the arrest records that OI had obtained from the Grundy
County, Illinois, Circuit Court, which revealed that Mr. Baudino had
multiple arrests and convictions during the period of 1987 to October
5, 1992, Mr. Baudino admitted they were records of his arrests. Mr.
Baudino stated that he thought the questions pertained to federal
arrests and convictions when asked why he falsely reported on the forms
that he had no criminal history.
In a report issued on September 23, 1996, OI concluded that Mr.
Baudino deliberately falsified his criminal history information on the
personal history questionnaires in order to gain unescorted access to
the Dresden Station.
III
Based on the above, the NRC has concluded that Mr. Baudino engaged
in deliberate misconduct on January 16, 1992, and October 5, 1992, by
deliberately falsely stating on the personal history questionnaires he
signed on those dates that he had no criminal history. Mr. Baudino's
actions constitute a violation of 10 CFR 50.5(a)(2), which prohibits an
individual from deliberately providing information to a licensee or
contractor that the individual knows is inaccurate or incomplete in
some respect material to the NRC. The information that Mr. Baudino
provided regarding his criminal history was material because, as
indicated above, licensees are required to consider such information in
making unescorted access determinations in accordance with the
requirements of 10 CFR 73.56.
The NRC must be able to rely on the Licensee, its contractors, and
the Licensee and contractor employees to comply with NRC requirements,
including the requirement to provide information that is complete and
accurate in all material respects. Mr. Baudino's actions in
deliberately providing false information to the Licensee constitute
deliberate violations of Commission regulations, and his doing so on
multiple occasions 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 in the
future, and raises doubt about his trustworthiness and reliability.
Consequently, I lack the requisite reasonable assurance that
licensed activities can be conducted in compliance with the
Commission's requirements and that the health and safety of the public
would be protected if Mr. Baudino were permitted at this time to be
involved in NRC-licensed activities. Therefore, the public health,
safety and interest require that Mr. Baudino be prohibited from any
involvement in NRC-licensed activities for a period of five years from
the date of this Order, and if Mr. Baudino is currently involved with
another licensee in NRC-licensed activities, Mr. Baudino must
immediately cease such activities, and inform the NRC of the name,
address and telephone number of
[[Page 30349]]
the employer, and provide a copy of this Order to the employer.
Additionally, Mr. Baudino is required to notify the NRC of his first
employment in NRC-licensed activities following the prohibition period.
Furthermore, pursuant to 10 CFR 2.202, I find that the significance of
Mr. Baudino's conduct described above is such that the public health,
safety and interest require that this Order be immediately effective.
IV
Accordingly, pursuant to sections 103, 161b, 161c, 161i 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:
1. Mr. Daniel R. Baudino is prohibited from engaging in activities
licensed by the NRC for five years from the date of this Order. 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.
2. For a period of five years after the five year period of
prohibition has expired, Mr. Baudino shall, within 20 days of his
acceptance of each employment offer involving NRC-licensed activities
or his becoming involved in NRC-licensed activities, as defined in
Paragraph IV.1 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 the NRC-licensed
activities. In the first notification, Mr. Baudino shall include a
statement of his commitment to compliance with regulatory requirements
and the basis why the Commission shall have confidence that he will now
comply with applicable NRC requirements.
The Director, OE, may, in writing, relax or rescind any of the
above conditions upon demonstration by Mr. Baudino of good cause.
V
In accordance with 10 CFR 2.202, Mr. Baudino 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. Baudino 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, Rulemakings and Adjudications, 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 III, U.S. Nuclear
Regulatory Commission, 801 Warrenville Road, Lisle, Illinois 60532-
4351, and to Mr. Baudino, if the answer or hearing request is by a
person other than Mr. Baudino. If a person other than Mr. Baudino
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. Baudino 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. Baudino 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 hearing, or written approval of
an extension of time to request 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. If an extension of time for
requesting a hearing has been approved, the provisions specified in
Section IV shall be final when the extension expires if a hearing
request has not been received. An answer or a request for a hearing
shall not stay the immediate effectiveness of this order.
Dated at Rockville, Maryland this 27th day of May 1997.
For the Nuclear Regulatory Commission.
Edward L. Jordan,
Deputy Executive Director for Regulatory Effectiveness.
[FR Doc. 97-14396 Filed 6-2-97; 8:45 am]
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