[Federal Register Volume 72, Number 59 (Wednesday, March 28, 2007)]
[Notices]
[Pages 14622-14623]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-5640]
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NUCLEAR REGULATORY COMMISSION
[IA-07-008]
In the Matter of James Francis Mattocks; Order Prohibiting
Involvement in NRC-Licensed Activities (Immediately Effective)
I
Mr. James Francis Mattocks was employed as a contract security
officer at Florida Power and Light Company's St. Lucie Nuclear Plant
(Licensee) from approximately September 6, 2005, to January 7, 2006.
Licensee holds license Nos. DPR-67 and NPF-16, issued by the U.S.
Nuclear Regulatory Commission (NRC or Commission) pursuant to 10 CFR
Part 50 on March 1, 1976 (Unit 1), and June 10, 1983 (Unit 2). The
license authorizes the operation of the St. Lucie Nuclear Plant, Units
1 and 2, in accordance with the conditions specified therein. The
facility is located on the Licensee's site in St. Lucie County,
Florida.
II
In 2006, Florida law enforcement officials conducted a criminal
investigation into the theft of a weapon and thermal imaging scope from
the Licensee's facility. As a result of the investigation, the State of
Florida concluded that in December 2005, Mr. Mattocks, while employed
as a contract security officer, deliberately removed a Bushmaster .223
Caliber M4/A3 assault rifle and thermal imaging scope from the
Licensee's facility without authorization. On December 20, 2006, Mr.
Mattocks entered a plea of guilty to the charge of Grand Theft--Firearm
in the Circuit Court for St. Lucie County and was adjudged guilty of
the charge upon the Court's acceptance of his plea. Mr. Mattocks was
sentenced to 14 months of incarceration to be followed by 2 years
probation.
License Nos. DPR-67 and NPF-16, Section 3.F, Physical Protection,
require the Licensee to fully implement and maintain in effect all
provisions of the Commission-approved physical security, training and
qualification, and safeguards contingency plans including amendments.
The Licensee's Physical Security Plan (PSP), Section 15.6, establishes
the requirement that the Licensee maintain a firearms program to ensure
firearms function properly. The PSP states, in part, that the program
is described in facility procedures and includes provisions to account
for Licensee firearms. Licensee implementing procedure, SEC-AD-1003,
Section 5.1.2 states, in part, that for any weapon that is taken from
the station's inventory for disposal or sale, the station will document
the weapon by make, model, name of institution or individual the
weapon's accountability was transferred to, signature of the Security
Manager/designee releasing ownership of the weapon, and the date the
weapon was released from the station's inventory. In this case, Mr.
Mattocks removed the weapon and scope from station inventory without
any authorization or approvals.
III
Based on the above, Mr. James Francis Mattocks, a former employee
of the Licensee, has engaged in deliberate misconduct that has caused
the Licensee to be in violation of 10 CFR 50.5. NRC must be able to
rely on the Licensee and its employees to comply with NRC requirements
with honesty and integrity. Mr. Mattocks' actions in this case caused
the Licensee to violate its PSP and raise serious doubt as to whether
he can be relied upon to comply with NRC requirements with honesty and
integrity. 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. James Francis Mattocks were permitted at this
time to be involved in NRC licensed activities. Therefore, the public
health, safety and interest require that Mr. James Francis Mattocks be
prohibited from any involvement in NRC-licensed activities for a period
of five years from the date of this Order. Additionally, Mr. James
Francis Mattocks is required to notify the NRC of his first employment
in NRC-licensed activities for a period of three years following
expiration of the prohibition period. Furthermore, pursuant to 10 CFR
2.202, I find that the significance of Mr. James Francis Mattocks'
conduct described above is such that the public health, safety and
interest require that this Order be immediately effective.
IV
Accordingly, pursuant to sections 103, 104b, 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, effective immediately, that:
1. Mr. James Francis Mattocks is prohibited from engaging in NRC-
licensed activities for a period of five years from the date of this
Order. 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. James Francis Mattocks is currently involved in licensed
activities on behalf of an NRC licensee, he must immediately cease
those activities, inform the NRC of the name, address and telephone
number of the licensee employer, and provide a copy of this order to
the licensee employer.
3. For a period of three years after the five year period of
prohibition has expired, Mr. James Francis Mattocks shall, within 20
days of acceptance of an offer of employment involving his performance
of 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 (OE), U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, of the name, address, and
telephone number of the employer or the entity on whose
[[Page 14623]]
behalf he will be involved in the NRC-licensed activities. In the
notification, Mr. James Francis Mattocks shall include a statement of
his commitment to compliance with regulatory requirements and the basis
upon which the Commission should have confidence that he will now
comply with applicable NRC requirements.
The Director, OE, may, in writing, relax or rescind any of the
above conditions upon demonstration by Mr. James Francis Mattocks of
good cause.
V
In accordance with 10 CFR 2.202, Mr. James Francis Mattocks must,
and any other person adversely affected by this Order may, submit an
answer to this Order within 20 days of the date of this Order or other
such time as may be specified in this Order. In addition, Mr. James
Francis Mattocks and any other person adversely affected by this Order
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 20555-0001, 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. James Francis
Mattocks 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
20555-0001. Copies also shall be sent to the Director, Office of
Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, to the Assistant General Counsel for Materials Litigation and
Enforcement at the same address, to the Regional Administrator, NRC
Region II, 61 Forsyth Street, SW., Atlanta, GA, 30303, and to Mr. James
Francis Mattocks if the answer or hearing request is by a person other
than Mr. James Francis Mattocks. 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 OGCMail [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 2.390(d).
If a hearing is requested by Mr. James Francis Mattocks 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. James Francis Mattocks, 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 effective immediately and 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 21st day of March 2007.
For the Nuclear Regulatory Commission.
Martin J. Virgilio,
Deputy Executive Director for Materials, Waste, Research, State,
Tribal, and Compliance Programs, Office of the Executive Director for
Operations.
[FR Doc. E7-5640 Filed 3-27-07; 8:45 am]
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