[Federal Register Volume 63, Number 156 (Thursday, August 13, 1998)]
[Notices]
[Pages 43431-43432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-21759]
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NUCLEAR REGULATORY COMMISSION
[IA 98-024]
Leland H. Brooks; Order Prohibiting Involvement in NRC-Licensed
Activities (Effective Immediately)
I
Leland H. Brooks was an employee of Westinghouse a contractor to
Pacific Gas & Electric Company (PG&E) at the Diablo Canyon Nuclear
Power Plant (Diablo Canyon). PG&E holds NRC license Nos. DPR-80 and
DPR-82, issued by the Nuclear Regulatory Commission (NRC or Commission)
pursuant to 10 CFR Part 50. The licenses authorize the operation of
Units 1 and 2 of the Diablo Canyon facility in accordance with the
conditions specified therein.
II
On April 16, 1997, Mr. Brooks, a millwright, was granted temporary
unescorted access to Diablo Canyon as an employee of Westinghouse. PG&E
terminated Mr. Brooks access to Diablo Canyon on May 21, 1997, upon
completion of the work Mr. Brooks was hired to perform. PG&E's decision
to grant Mr. Brooks unescorted access was based on the information Mr.
Brooks provided in a signed Personnel Access Questionnaire dated April
7, 1997, including information Mr. Brooks provided about his arrest
record. In addition to requesting information about any arrests, this
questionnaire clearly stated, ``For all arrests and/or convictions that
occurred in the last five years, a copy of your court orders must be
provided with this application.'' Mr. Brooks wrote ``None'' next to
this statement. On July 22, 1997, approximately two months after Mr.
Brooks' access to Diablo Canyon had been terminated, PG&E received
information from the Federal Bureau of Investigation (FBI) which
indicated that Mr. Brooks had failed to inform PG&E of several arrests
and convictions, including a 1995 felony charge which was still
pending. PG&E conducted an investigation and determined that Mr. Brooks
knowingly withheld and/or falsified information on the Personnel Access
Questionnaire. On August 6, 1997, PG&E issued Mr. Brooks a letter
informing Mr. Brooks of this conclusion and denying Mr. Brooks future
access to Diablo Canyon.
The deliberately false information that Mr. Brooks provided to the
licensee, as well as the failure to provide copies of the required
court records, were violations of 10 CFR 50.5, ``Deliberate
Misconduct.'' Specifically, Section 50.5(a)(2) provides, in part, that
an employee of a contractor to a licensee may not deliberately submit
to a licensee information that the person submitting the information
knows to be incomplete or inaccurate in some respect material to the
NRC. The false and incomplete information that Mr. Brooks submitted was
material because PG&E is required to consider criminal history in
making a determination as to whether to grant unescorted access in
accordance with 10 CFR 73.56.
On April 27, 1998, the NRC issued a letter to Mr. Brooks, informing
Mr. Brooks that the NRC was considering escalated enforcement action
against him and providing Mr. Brooks a choice of requesting a
predecisional enforcement conference or submitting a written response.
Although Mr. Brooks telephoned the NRC regional office and stated that
he didn't recall ever working at the Diablo Canyon nuclear power plant,
he has not submitted a written response or requested a predecisional
enforcement conference, and he has not provided any evidence to support
his claim. The NRC's letter to Mr. Brooks informed him that in the
absence of a response, we would proceed with enforcement action.
Based on the above, the NRC has concluded that Mr. Brooks engaged
in deliberate misconduct by deliberately omitting criminal history
information when completing a Personnel Access Questionnaire to gain
unescorted access to the Diablo Canyon nuclear power plants. The NRC
must be able to rely on employees of licensees and their contractors to
comply with NRC requirements, including the requirement to provide
information that is complete and accurate in all material respects. Mr.
Brooks' action in deliberately providing false information to the
licensee raises serious doubt about his trustworthiness and reliability
and particularly whether he can be relied upon to comply with NRC
requirements and to provide complete and accurate information to NRC
licensees 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. Brooks were permitted to be involved in NRC-
licensed activities. Therefore, the public health, safety and interest
require that Mr. Brooks be prohibited from any involvement in NRC-
licensed activities for a period of five years from the date of this
Order. Additionally, Mr. Brooks is required to notify the NRC of his
first employment in NRC-licensed activities for the five year period
after the above prohibition period. Furthermore, pursuant to 10 CFR
2.202, based on the significance of Mr. Brooks' conduct described above
and the fact that he could seek and obtain employment and unescorted
access at other nuclear facilities, and engage in licensed activities
before his criminal history became known to the licensee, I find that
the public health, safety and interest require that this Order be
effective immediately.
IV
Accordingly, pursuant to Sections 103, 161b, 161i, 161o, and 186 of
the Atomic Energy Act of 1954, as amended, and the Commission's
regulations in 10 CFR 2.202, 10 CFR Part 50.5, and 10 CFR 150.20, It is
hereby ordered, effective immediately, that:
[[Page 43432]]
1. Leland H. Brooks is prohibited for five years from the date of
this order from engaging in NRC licensed activities. NRC-licensed
activities are those 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. If Leland H. Brooks is currently involved with another employer
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.
3. For the five-year period after the above prohibition period has
expired, Mr. Brooks shall notify the Director, Office of Enforcement,
U.S. Nuclear Regulatory Commission, Washington, D.C., 20555, within 20
days of the first time he accepts an offer for employment in NRC-
licensed activities, as defined in Paragraph IV.1 above. In the
notification, he will include a statement of his commitment to comply
with regulatory requirements and address why the NRC should have
confidence that he will comply with regulatory requirements, and the
name, address and telephone number of his employer or entity where he
will be involved in licensed activities.
The Director, Office of Enforcement, may relax or rescind, in
writing, any of the above conditions upon a showing by Mr. Brooks of
good cause.
V
In accordance with 10 CFR 2.202, Mr. Brooks 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 its
issuance. 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. Brooks, or any other such 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, Rulemaking and Adjudications Staff, 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 Deputy
Assistant General Counsel for Enforcement at the same address, to the
Regional Administrator, NRC Region IV, 611 Ryan Plaza Drive, Suite 400,
Arlington, Texas 76011, and to Mr. Brooks if the answer or hearing
request is by a person other than Mr. Brooks. If a person other than
Mr. Brooks 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. Brooks 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)I Mr. Brooks 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 a hearing, or written approval of
an extension of time in which 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
HEARING SHALL NOT STAY THE IMMEDIATE EFFECTIVENESS OF THIS ORDER.
Dated at Rockville, Maryland this 24th day of July 1998.
For the Nuclear Regulatory Commission.
William D. Travers,
Deputy Executive Director for Regulatory Effectiveness.
[FR Doc. 98-21759 Filed 8-12-98; 8:45 am]
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