[Federal Register Volume 62, Number 129 (Monday, July 7, 1997)]
[Notices]
[Pages 36318-36319]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-17614]


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NUCLEAR REGULATORY COMMISSION

[IA 97-050]


In the Matter of Mr. Lonnie Randall Wilson; Order Prohibiting 
Involvement in NRC-Licensed Activities (Effective Immediately)

I

    Mr. Lonnie Randall Wilson, a contract insulator, was employed at 
American Electric Power Company's (Licensee) D.C. Cook Nuclear Plant 
facility. The Licensee is the holder of License Numbers DPR-58 and DPR-
74, issued by the Nuclear Regulatory Commission (NRC) on October 25, 
1974, and December 23, 1977, respectively. These licenses authorize the 
operation of D.C. Cook Nuclear Plant Units 1 and 2 in accordance with 
the conditions specified therein. The facility is located on the 
Licensee's site in Bridgman, Michigan.

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 which, at a minimum, verifies a person's true identity, 
verifies an individual's character and reputation, and develops 
information concerning an individual's employment and criminal 
histories. 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 the D.C. Cook 
Nuclear Plant as a contractor employee, Mr. Wilson completed a security 
background screening questionnaire on December 11, 1993 and answered 
``no'' to questions regarding whether he had ever tested positive for 
drugs or ever been removed or denied access to a nuclear power plant. 
Contrary to this response, on July 23, 1991, Mr. Wilson had been denied 
access to the Turkey Point Nuclear Station for testing positive for 
illegal drugs. In addition, Mr. Wilson gained unescorted access to the 
James A. Fitzpatrick Nuclear Power Plant by falsifying his New York 
Power Authority (NYPA) Personal History Questionnaire for Unescorted 
Access, dated January 7, 1992.
    By deliberately falsifying information on his background 
questionnaire to gain unescorted access to the D.C. Cook Nuclear Plant, 
Mr. Wilson was granted unescorted access during the periods February 
11, 1994, through April 22, 1994, and September 19, 1994, through 
November 11, 1994. On November 16, 1994, Mr. Wilson returned to the 
Fitzpatrick Plant and again applied for access. Mr. Wilson deliberately 
falsified information on his NYPA Personal History Questionnaire for 
Unescorted Access dated November 16, 1994 in order to again be granted 
unescorted access at this plant. During the review process, Fitzpatrick 
security discovered that Mr. Wilson had tested positive for drug use at 
Turkey Point, and that Florida Power and Light Company had denied him 
unescorted access at that plant. When Mr. Wilson was interviewed on 
November 18, 1994 by the Access Control Coordinator at Fitzpatrick, in 
reference to his background investigation, Mr. Wilson commented to the 
Access Control Coordinator that ``it took three plants to finally catch 
him, he's made 30-40,000 dollars by lying and would do it again, I'm 
not the only one doing this.'' Although Mr. Wilson later denied making 
the statement that he would falsify access forms in the future to gain 
unescorted access to nuclear power plants, the Access Control 
Coordinator at Fitzpatrick documented, by an undated memorandum, that 
Mr. Wilson informed him that Mr. Wilson would lie again to gain 
unescorted access to nuclear power plants.
    Mr. Wilson was prosecuted in the Western Judicial District of 
Michigan for making false statements on his access application at the 
D.C. Cook Nuclear Plant. On March 10, 1997, Mr. Wilson was sentenced by 
Judge Robert H. Bell, U.S. District Court in Grand Rapids, Michigan to 
a 2-year probation, a $2,000 fine, and other penalties for making false 
statements on his access application at D.C. Cook.

III

    Based on the above, the NRC has concluded that Mr. Wilson engaged 
in deliberate misconduct by falsifying information contained in a 
background questionnaire by not stating that he failed a fitness-for-
duty drug test and that he had been denied access to the Turkey Point 
Nuclear Power Station in July 1991. This falsified information was 
relied upon, in part, in granting Mr. Wilson unescorted access to the 
D.C. Cook Nuclear Plant facility on two separate occasions in 1994, and 
at the Fitzpatrick Plant prior to 1994. Mr. Wilson'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. Wilson 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 
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. Wilson's actions in deliberately

[[Page 36319]]

providing false information to the Licensee constitute deliberate 
violations of Commission regulations, and his doing so on multiple 
occasions raise 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. Mr. 
Wilson's conduct 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. Wilson were permitted at this time to be 
involved in NRC-licensed activities. Therefore, the public health, 
safety and interest require that Mr. Wilson be prohibited from any 
involvement in NRC-licensed activities for a period of five years from 
the date of this Order. In addition, if Mr. Wilson is currently 
involved with another licensee in NRC-licensed activities, Mr. Wilson 
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. Wilson 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. Wilson'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. Lonnie Randall Wilson 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. Wilson 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. Wilson 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, Office of Enforcement, may, in writing, relax or 
rescind any of the above conditions upon demonstration by Mr. Wilson of 
good cause.

V

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

    For the Nuclear Regulatory Commission.
James Lieberman,
Director, Office of Enforcement.
[FR Doc. 97-17614 Filed 7-3-97; 8:45 am]
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