[Federal Register Volume 62, Number 125 (Monday, June 30, 1997)]
[Notices]
[Pages 35236-35237]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-16995]



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NUCLEAR REGULATORY COMMISSION

[IA 97-049]


Jeffrey Lee Barnhart, (a.k.a. Gregory Kenneth Barnhart); Order 
Prohibiting Involvement in NRC-Licensed Activities (Effective 
Immediately)

I

    Mr. Jeffrey Lee Barnhart was a contract employee at Northern States 
Power Company's (Licensee or NSP) Prairie Island Nuclear Generating 
Plant (PINGP), working under temporary unescorted access authorization. 
NSP holds Facility Licenses No. DPR-42 and DPR-60, which were issued by 
the Nuclear Regulatory Commission (NRC or Commission) pursuant to 10 
CFR part 50 on August 9, 1973, and October 29, 1974, respectively. 
These licenses authorize the operation of PINGP in accordance with the 
conditions specified therein. The facility is located on the Licensee's 
site in Minnesota.

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. Pursuant to 
10 CFR 73.56, the unescorted access authorization program must include, 
at a minimum, verification of an individual's true identity, 
verification of an individual's character and reputation, and 
development of information concerning an individual's criminal history; 
and 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 PINGP, as a 
contractor employee, Mr. Barnhart completed the security background 
questionnaire under the assumed name of his deceased brother, Mr. 
Gregory Kenneth Barnhart, on December 7, 1995. In February 1996, NSP 
received information concerning Mr. Barnhart's deception before Mr. 
Barnhart's full background investigation had been completed. A 
subsequent NSP record review found that Mr. Barnhart's true identity 
was Jeffrey Lee Barnhart and that he had submitted falsified documents 
in his request for access authorization. NSP interviewed Mr. Barnhart 
and determined that he had obtained a driver's license under the 
assumed name and had been using a false identity for several years. 
Additionally, Mr. Barnhart admitted that, contrary to his responses on 
the Security Questionnaire, he had used and was once cited for 
possession of marijuana. Based on this information, NSP denied Mr. 
Barnhart's access on February 8, 1996.
    An investigative report was prepared by the NSP security department 
regarding the falsification of the licensee's access authorization 
documents. The report was reviewed during an investigation conducted by 
the NRC Office of Investigations (OI), which was initiated on February 
3, 1997. The OI investigation concluded that Mr. Barnhart had 
deliberately falsified his application for unescorted access, and was 
working under the assumed name of his deceased brother.
    On April 24, 1997, a Demand for Information (DFI) was issued to Mr. 
Barnhart pursuant to 10 CFR 2.204 to determine whether enforcement 
action should be taken against him to ensure future compliance with NRC 
requirements. The DFI requested that Mr. Barnhart submit information by 
May 24, 1997, describing why the NRC should have confidence that he 
would provide complete and accurate information to NRC licensees and 
the Commission in the future. Mr. Barnhart did not respond to the DFI.

III

    Based on the above, the NRC has concluded that Mr. Barnhart engaged 
in deliberate misconduct by deliberately assuming the identity of his 
deceased brother on his personal history questionnaire and misinforming 
the licensee as to his history of drug use and conviction for 
possession of marijuana. Mr. Barnhart'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. Barnhart provided regarding his background 
information 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 
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. Barnhart's actions in 
deliberately providing false information to the Licensee constitute 
deliberate violations of Commission regulations, and his conduct raises 
serious doubt about his trustworthiness and reliability and 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.
    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. Barnhart were permitted at this time to be 
involved in NRC-licensed activities. Therefore, the public health, 
safety and interest require that Mr. Barnhart be prohibited from any 
involvement in NRC-licensed activities for a period of five years from 
the date of this order. If Mr. Barnhart is currently involved with 
another licensee in NRC-licensed activities, Mr. Barnhart 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. Barnhart is required to 
notify the NRC of his employment in NRC-licensed activities for a 
period of five years following the prohibition period. Furthermore, 
pursuant to 10 CFR 2.202, I find that the significance of Mr. 
Barnhart'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 and 10 CFR 50.5, it is hereby ordered, 
effective immediately, that:
    1. Mr. Jeffrey Lee Barnhart, a.k.a. Mr. Gregory Kenneth Barnhart, 
is prohibited from engaging in activities licensed by the NRC for five 
years from the date of this Order. For the purposes of this Order, 
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. Barnhart 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,

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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. Barnhart shall include a statement of his commitment to comply with 
NRC regulatory requirements and the basis for the Commission to 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. Barnhart of good cause.

V

    In accordance with 10 CFR 2.202, Mr. Barnhart 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. Barnhart 
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. Barnhart, if the answer or hearing request is by a 
person other than Mr. Barnhart. If a person other than Mr. Barnhart 
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 Mr. Barnhart 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. Barnhart 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 23rd day of June 1997.

    For the Nuclear Regulatory Commission.
James Lieberman,
Director, Office of Enforcement.
[FR Doc. 97-16995 Filed 6-27-97; 8:45 am]
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