[Federal Register Volume 68, Number 249 (Tuesday, December 30, 2003)]
[Notices]
[Pages 75290-75291]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-31955]


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NUCLEAR REGULATORY COMMISSION

[IA-03-042]


In the Matter of Scott P. Wolfe; Order Prohibiting Involvement in 
Certain NRC-Licensed Activities (Effective Immediately)

I

    Scott P. Wolfe held Nuclear Regulatory Commission (NRC) senior 
operator's license SOP-43723-1. The license authorized Mr. Wolfe to 
operate the Waterford-3 Steam Electric Station in accordance with the 
conditions of the license and 10 CFR part 55. The Waterford-3 Steam 
Electric Station is a nuclear power plant in Killona, Louisiana, and is 
operated by Entergy Operations, Inc., under the provisions of NRC 
operating license NPF-38.

II

    On May 7, 1990, Mr. Wolfe tested positive for an illegal substance 
in response to a random fitness-for-duty test. The test results were 
confirmed positive on May 14, 1990. On June 1, 1990, Mr. Wolfe signed a 
``re-entry agreement'' in which he agreed to participate in Entergy 
Operation, Inc.'s employee assistance program, agreed to abstain from 
the use of illegal drugs, agreed to periodic unannounced drug and 
alcohol testing, and confirmed his understanding that a second positive 
test for drugs or alcohol may result in his employment being 
terminated.

[[Page 75291]]

    On July 17, 2003, Mr. Wolfe again tested positive for an illegal 
substance in response to a random fitness-for-duty test. The test 
results were confirmed positive on July 21, 2003. On July 25, 2003, Mr. 
Wolfe's employment with Entergy Operations, Inc., was terminated. On 
August 21, 2003, Entergy Operations, Inc., requested that Mr. Wolfe's 
NRC operator's license be terminated. On August 26, 2003, the NRC 
terminated Mr. Wolfe's senior operator's license.

III

    The NRC holds licensed reactor operators to high performance 
standards and entrusts them with assuring the public health and safety 
in the operation of nuclear power plants. Licensed reactor operators 
are expected to comply with all NRC requirements, including the 
fitness-for-duty requirements of the NRC (10 CFR part 26) and the 
facility at which they are employed. Mr. Wolfe's actions have violated 
the NRC's and the public's trust and demonstrated that he can not be 
relied upon to comply with fitness-for-duty requirements.
    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. Wolfe were permitted at this time to hold an 
NRC operator's license pursuant to 10 CFR part 55. Therefore, the 
public health, safety and interest require that Mr. Wolfe be prohibited 
from applying for or holding an NRC operator's license for a period of 
three years from the date of this Order. Furthermore, pursuant to 10 
CFR 2.202, I find that the significance of Mr. Wolfe'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 107, 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 part 55, and 10 CFR part 26, it is 
hereby ordered, effective immediately, that: Scott P. Wolfe is 
prohibited for three years from the date of this Order from applying 
for or holding an NRC license to operate a nuclear power plant pursuant 
to 10 CFR part 55.
    The Director, OE, may, in writing, relax or rescind any of the 
above conditions upon demonstration by Mr. Wolfe of good cause.

V

    In accordance with 10 CFR 2.202, Scott P. Wolfe 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 Mr. Wolfe 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: 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 IV, 611 Ryan Plaza Drive, Suite 400, 
Arlington, Texas 76011, and to Mr. Wolfe if the answer or hearing 
request is by a person other than Mr. Wolfe. Because of continuing 
disruptions in delivery of mail to United States Government offices, it 
is requested that answers and requests for hearing be transmitted to 
the Secretary of the Commission either by means of facsimile 
transmission to 301-415-1101 or by e-mail to [email protected] and 
also to the Office of the General Counsel either by means of facsimile 
transmission to 301-415-3725 or by e-mail to [email protected]. If 
a person other than the licensee 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. Wolfe, 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. Wolfe 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 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 this 10th day of December, 2003.
    For the Nuclear Regulatory Commission.
Samuel J. Collins,
Deputy Executive Director for Reactor Programs.
[FR Doc. 03-31955 Filed 12-29-03; 8:45 am]
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