[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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