[Federal Register Volume 65, Number 225 (Tuesday, November 21, 2000)]
[Notices]
[Pages 69967-69969]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-29724]


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NUCLEAR REGULATORY COMMISSION

[IA-00-016]


In the Matter of Gail C. VanCleave; Order Prohibiting Involvement 
in NRC-Licensed Activities

I

    Gail C. VanCleave was employed by Sun Technical, a contractor of 
the American Electric Power Company

[[Page 69968]]

(Licensee or AEP) from at least September 16, 1999 and November 18, 
1999. Licensee is the holder of Licenses No. DPR-58 and DPR-74, issued 
by the Nuclear Regulatory Commission (NRC or Commission) pursuant to 10 
CFR part 50 on October 25, 1974, and December 23, 1977, respectively. 
The license authorizes the operation of D. C. Cook Nuclear Power Plant 
(Cook Plant or facility) in accordance with the conditions specified 
therein. The facility is located on the Licensee's site near Bridgeman, 
MI.

II

    An investigation was conducted between November 22, 1999, and March 
23, 2000, by the NRC Office of Investigations (OI) as a result of 
information provided to the NRC by the Licensee on November 18, 1999. 
The Licensee reported that Gail C. VanCleave, a clerical employee of 
Sun Technical at the Cook Plant, had been granted temporary unescorted 
access to the Cook Plant based on incomplete and inaccurate information 
she provided in her access authorization application on September 6 and 
8, 1999. On November 18, 1999, the security department at the Cook 
Plant received the criminal history information for Gail C. VanCleave, 
which indicated a social security account number different from the one 
she provided on September 6 and 8, 1999, which was in fact the social 
security account number of her deceased mother. Ms. VanCleave also 
failed to provide complete information about previous employment on 
September 6 and 8, 1999, in that she failed to identify a previous 
employer, a contractor of the United States Department of Energy (DOE). 
The incomplete and inaccurate information was material. Ms. Van Cleave 
provided an inaccurate social security number in an attempt to conceal 
the fact that she had previously been denied unescorted access 
authorization by the Cook Plant on January 20, 1999, and that she had 
previously been denied unescorted access to the Tennessee Valley 
Authority's Watts Bar facility on November 4, 1998, because of a 
misdemeanor conviction for theft from the DOE contractor. As a result 
of the discovery of Ms. VanCleave's provision of incomplete and 
inaccurate information in her application for unescorted access 
authorization, the security department terminated her temporary 
unescorted access to the Cook Plant on November 18, 1999.\1\
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    \1\ She entered the protected area of the Cook Plant five times 
from September 17, 1999, to November 18, 1999.
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    Based on the OI investigation, we conclude that Gail C. VanCleave 
deliberately provided materially inaccurate and incomplete information 
to the Cook Plant in order to gain employment at, and unescorted access 
to, the facility. Furthermore, Ms. Van Cleave told the OI investigator 
that she would do the same thing again if she were to find herself in 
the same financial situation.

III

    Based on the above, it appears that Gail C. VanCleave, an employee 
of a Licensee contractor, engaged in deliberate misconduct in violation 
of 10 CFR 50.5 by deliberately providing materially incomplete and 
inaccurate information to the Licensee. The NRC must be able to rely on 
the Licensee, its employees and the employees of its contractors to 
comply with NRC requirements, including the requirement to provide 
complete and accurate information and maintain records that are 
complete and accurate in all material respects. The actions of Gail C. 
VanCleave including both deliberately providing materially incomplete 
and inaccurate information to the Licensee and communicating to an NRC 
investigator that she would repeat the act have raised serious doubt as 
to whether she can be relied upon to comply with NRC requirements and 
to provide complete and accurate information to NRC licensees and to 
the NRC.
    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 Gail C. VanCleave was permitted at this time to be 
involved in NRC-licensed activities. Therefore, the public health, 
safety and interest require that Gail C. VanCleave be prohibited from 
any involvement in NRC-licensed activities for a period of three years 
from the date of this Order. Additionally, Gail C. VanCleave, for a 
period of three years following the prohibition period, is required to 
notify the NRC of her employment in NRC-licensed activities.

IV

    Accordingly, pursuant to sections 103, 161b, 161i, 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. Gail C. VanCleave is prohibited for three years from the 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 Gail C. VanCleave is currently involved with another licensee 
in NRC-licensed activities, she must immediately cease those 
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 three years after the three year period of 
prohibition has expired, Gail C. VanCleave shall, within 20 days of her 
acceptance of each employment offer involving NRC-licensed activities 
or her 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 she is, or will be, involved in the NRC-licensed 
activities. In the first notification, Gail C. VanCleave shall include 
a statement of her commitment to compliance with regulatory 
requirements and the basis why the Commission should have confidence 
that she will now comply with applicable NRC requirements.
    The Director, NRC Office of Enforcement, may, in writing, relax or 
rescind any of the above conditions upon demonstration by Gail C. 
VanCleave of good cause.

V

    In accordance with 10 CFR 2.202, Gail C. VanCleave 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 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 Gail C. VanCleave 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

[[Page 69969]]

shall be submitted to the Secretary, U.S. Nuclear Regulatory 
Commission, Attn: Rulemakings and Adjudications Staff, 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 Materials Litigation and 
Enforcement at the same address, to the Regional Administrator, NRC 
Region III, 801 Warrenville Road, Lisle, IL 60532-4351 and to Gail C. 
VanCleave if the answer or hearing request is by a person other than 
Gail C. VanCleave. If a person other than Gail C. VanCleave 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 Gail C. VanCleave 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 this 6th day of November 2000.
    For The Nuclear Regulatory Commission.
Frank J. Miraglia, Jr.,
Deputy Executive Director for Reactor Programs.
[FR Doc. 00-29724 Filed 11-20-00; 8:45 am]
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