[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]


=======================================================================
-----------------------------------------------------------------------

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withdrawn, so that the reactor could not be taken to the critical 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]
BILLING CODE 7590-01-P