[Federal Register Volume 63, Number 188 (Tuesday, September 29, 1998)]
[Notices]
[Pages 51964-51966]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-25996]


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NUCLEAR REGULATORY COMMISSION

[IA-98-047]


In the Matter of MR. David Milas; Order Prohibiting Involvement 
in NRC-Licensed Activities

I

    Mr. David Milas (Mr. Milas) was formerly employed by the 
Commonwealth Edison Company (ComEd or Licensee) at the Dresden Nuclear 
Station (Dresden or facility) and was an applicant for a reactor 
operator's (RO) license at that facility. ComEd is the holder of 
License Nos. DPR-19 and DPR-25 issued by the Nuclear

[[Page 51965]]

Regulatory Commission (NRC or Commission) pursuant to 10 CFR Part 50. 
These licenses authorize ComEd to operate Dresden Units 2 and 3 in 
accordance with the conditions specified therein.

II

    On July 1, 1996, officials at Dresden notified the Commission that 
the NRC examination for reactor operator licenses, due to be 
administered at Dresden on July 8, 1996, appeared to have been 
compromised, as portions of that examination had been found in a copy 
machine. The NRC Office of Investigations (OI) immediately began an 
investigation into this matter. The OI investigation indicated that the 
NRC examination was compromised and originally identified only one 
individual that was involved, an applicant for an NRC senior reactor 
operator's (SRO) licensee. Upon further investigation, OI also 
identified Mr. Milas, an applicant for an NRC RO license, as being 
directly involved with the compromise of the NRC examination.
    The OI investigation found that on June 29, 1996, Mr. Milas and the 
SRO license applicant were studying for their respective examinations 
in the Dresden Training Building. During that day, they entered the 
unlocked office of the Dresden licensing instructors to look for 
written evaluations that their instructors had made of them. According 
to both individuals, instructors had previously informed their class 
that study materials could be found in the instructors' office, and the 
instructors had indicated where the keys could be found for locked 
cabinets and desks in their office. The two individuals obtained the 
necessary keys in the instructors' office, unlocked desks and cabinets, 
and found the NRC operator licensing examination. The SRO applicant 
photocopied the NRC examination, while Mr. Milas posted himself at a 
window to watch for anyone entering the training building.
    OI also determined that Mr. Milas returned to the same photocopy 
machine on June 30, 1996, and made another copy of the examination from 
the copy he had obtained on June 29, 1996.
    The OI investigators coordinated the results of their investigation 
with the U.S. Attorney, Chicago, Illinois, and Mr. Milas was 
subsequently prosecuted for compromising the NRC examination. On May 
14, 1998, Mr. Milas pleaded guilty in the United States District Court 
for the Northern District of Illinois to a criminal charge involving 
the compromise of a written examination for NRC reactor operators' 
licenses. As a part of his guilty plea, Mr. Milas agreed to never 
reapply for a position as a reactor operator at any facility under the 
jurisdiction, administration, or control of the NRC.

III

    The NRC must be able to rely on a facility licensee and its 
employees to comply with all NRC rules and regulations. Based on the OI 
investigation and the criminal conviction, the NRC has concluded that 
Mr. Milas violated the NRC's rules prohibiting deliberate misconduct at 
nuclear power facilities and the compromise of the integrity of NRC 
examinations. Specifically, 10 CFR 50.5(a)(1), ``Deliberate 
Misconduct,'' prohibits any employee of an NRC licensee (ComEd) from 
engaging in deliberate misconduct that causes or, but for detection 
would have caused, a licensee to be in violation of any rule or 
regulation issued by the Commission. Additionally, 10 CFR 55.49, 
``Integrity of Examinations and Tests,'' provides in part that 
applicants for NRC RO and SRO licenses and facility licensees (ComEd) 
shall not engage in any activity that compromises the integrity of any 
test or examination required by 10 CFR Part 55, ``Operator's 
Licenses.'' The NRC has concluded that Mr. Milas'' actions constituted 
deliberate misconduct and also constituted a deliberate violation of 10 
CFR 55.49. Mr. Milas' deliberate actions have raised serious doubt as 
to whether he can be relied upon to comply with NRC requirements and to 
refrain from deliberately violating NRC rules and regulations.
    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 
will be protected if Mr. Milas were permitted at this time to be 
involved in NRC-licensed activities. Therefore, the public health, 
safety, and interest require that Mr. Milas be prohibited from any 
involvement in NRC-licensed activities for a period of five years from 
the effective date of this Order. If Mr. Milas is involved with another 
licensee in NRC-licensed activities on the effective date of this 
Order, 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. Additionally, Mr. Milas is required 
to notify the NRC of his first employment in NRC-licensed activities in 
the five years following the prohibition period.

IV

    Accordingly, pursuant to sections 57, 63, 81, 161b, 161i, 161o, 182 
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 that:
    1. David Milas is prohibited for five years from the effective date 
of this Order from engaging in NRC-licensed activities. 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. If Mr. Milas is involved with another licensee in NRC-licensed 
activities on the effective date of this Order, 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 a period of five years after the five-year period of 
prohibition has expired, Mr. Milas 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, DC 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. Milas shall include a 
statement of his commitment to compliance with regulatory requirements 
and the basis why the Commission should 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. Milas of 
good cause.

V

    In accordance with 10 CFR 2.202, David Milas 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, DC 20555, 
and include a statement of good cause

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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. Milas 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, Rulemaking 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 Deputy Assistant General Counsel for 
Enforcement at the same address, to the Regional Administrator, NRC 
Region III, 801 Warrenville Road, Lisle, IL 60532-4351, and to Mr. 
Milas, if the answer or hearing request is by a person other than Mr. 
Milas. If a person other than Mr. Milas 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. Milas 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.
    In the absence of any request for 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.

    Dated at Rockville, Maryland this 18th day of September 1998.

For the Nuclear Regulatory Commission.
William D. Travers,
Deputy Executive Director for Regulatory Effectiveness.
[FR Doc. 98-25996 Filed 9-28-98; 8:45 am]
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