[Federal Register Volume 71, Number 179 (Friday, September 15, 2006)]
[Notices]
[Pages 54528-54529]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-15309]
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NUCLEAR REGULATORY COMMISSION
[IA-06-046]
In the Matter of Mr. Nicholas A. Chaimov; Order Prohibiting
Involvement in NRC-Licensed Activities (Effective Immediately)
I
Mr. Nicholas A. Chaimov was employed as a Senior Reactor Operator
at the Reed College Reactor (the facility). Reed College (the licensee)
is the holder of License No. R-112 issued by the U.S. Nuclear
Regulatory Commission (NRC or Commission) pursuant to Part 50 of Title
10 of the Code of Federal Regulations (10 CFR) on July 2, 1968, for the
facility. The license authorizes the operation of the facility in
accordance with the conditions specified therein. The facility is
located on the licensee's site in Portland, Oregon.
II
On May 31, 2005, an inspection of licensed activities was initiated
at the licensee's facility in response to allegations received at the
NRC Headquarters on May 19, 2005, that Mr. Nicholas A. Chaimov had
engaged in deliberate misconduct. Specifically, it was alleged that Mr.
Nicholas A. Chaimov had deliberately removed a jumper on the control
rod drive circuit of the reactor without the licensee's authorization
or approval. Removal of that jumper prevented the shim rod from being
withdrawn, so that the reactor could not be taken to the critical
startup condition. That jumper had been properly installed, in
accordance with the Reed College Reactor Safety Analysis Report (SAR),
until Mr. Nicholas A. Chaimov deliberately removed it. The allegation
was unresolved by the inspection and was subsequently referred to the
NRC Office of Investigations (OI). OI completed its investigation and
substantiated that on May 10, 2005, Mr. Nicholas A. Chaimov
deliberately removed a jumper on the control rod drive circuit of the
reactor without the licensee's authorization or approval. Although this
unauthorized facility modification did not adversely impact reactor
safety nor was the health and safety of the public affected because the
facility's startup checklist detected a malfunction in the rod control
system and the problem was corrected by the licensee before operation
was allowed, conduct of this nature by an individual raises serious
doubt as to whether the individual can be relied upon to comply with
NRC requirements.
III
Based on the information obtained during the OI investigation, the
NRC concludes that Mr. Nicholas A. Chaimov, an employee of the
licensee, made changes to the facility so that it was not as described
in the SAR. These changes caused the licensee to be in violation of 10
CFR 50.59, ``Changes, test, and experiments.'' It was further found
that Mr. Chaimov's actions were willful such that he had engaged in
deliberate misconduct in violation of 10 CFR 50.5, ``Deliberate
misconduct.'' The NRC must be able to rely on the licensee and its
employees to comply with NRC requirements in all material respects. Mr.
Nicholas A. Chaimov's action has raised serious doubt as to whether he
can be relied upon to comply with NRC 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. Nicholas A. Chaimov is permitted at this time
to be involved in NRC-licensed activities. Therefore, the public's
health, safety, and interest require that Mr. Nicholas A. Chaimov be
prohibited from any involvement in NRC-licensed activities for a period
of three years from the date of this Order. Furthermore, pursuant to 10
CFR 2.202, ``Orders,'' the NRC finds that the significance of Mr.
Nicholas A. Chaimov's conduct described above is such that the public's
health, safety, and interest require that this Order be immediately
effective.
IV
Accordingly, pursuant to Sections 104c, 161b, 161i, 161o, 182 and
186 of
[[Page 54529]]
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, effective immediately, that:
1. Mr. Nicholas A. Chaimov 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 Mr. Nicholas A. Chaimov is currently involved with another
licensee in NRC-licensed activities, he must immediately cease those
activities, and inform the NRC of the name, address, and telephone
number of that licensee, and provide a copy of this Order to that
licensee.
The Director, Office of Enforcement, may, in writing, relax or
rescind any of the above conditions upon demonstration by Mr. Nicholas
A. Chaimov of good cause.
V
In accordance with 10 CFR 2.202, Mr. Nicholas A. Chaimov 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. Nicholas A. Chaimov
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,
the Assistant General Counsel for Materials Litigation and Enforcement
at the same address, and Mr. Nicholas A. Chaimov, if the answer or
hearing request is by a person other than Mr. Nicholas A. Chaimov.
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 2.309(d).
If a hearing is requested by Mr. Nicholas A. Chaimov 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. Nicholas A. Chaimov 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 12th day of September 2006.
For the Nuclear Regulatory Commission.
Martin J. Virgilio,
Deputy Executive Director for Materials, Research, State, and
Compliance Programs, Office of the Executive Director for Operations.
[FR Doc. E6-15309 Filed 9-14-06; 8:45 am]
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