[Federal Register Volume 73, Number 19 (Tuesday, January 29, 2008)]
[Notices]
[Pages 5237-5238]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-1488]
[[Page 5237]]
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NUCLEAR REGULATORY COMMISSION
[IA-07-027]
In the Matter of Mr. Jon Brumer; Order Prohibiting Involvement in
NRC-Licensed Activities (Effective Immediately)
I
Mr. Jon Brumer was employed as a security officer by The Wackenhut
Corporation, which provided security services at Florida Power & Light
Company's Turkey Point Nuclear Plant (Licensee) during August 2005
through February 2006. Licensee is the holder of License No. DPR-31 and
DPR-41, issued by the Nuclear Regulatory Commission (NRC or Commission)
on July 19, 1972, and April 10, 1973, respectively, pursuant to 10 CFR
Part 50. The license authorizes the operation of Turkey Point Nuclear
Plant (facility) in accordance with the conditions specified therein.
The facility is located on the Licensee's site in Florida City,
Florida.
II
On February 16, 2006, the NRC initiated an Augmented Inspection
Team on-site inspection to review security-related matters at the
facility. Subsequently, an investigation was initiated by the NRC's
Office of Investigations (OI) during February 2006, in response to
concerns identified by the NRC during the on-site inspection. During
the inspection and investigation, the NRC became aware of an incident
involving a firing pin that had been removed from a contingency
response weapon and was subsequently determined to be broken. NRC
inspection confirmed that the missing firing pin rendered the weapon
non-functional, and as a result, FPL was determined to be in violation
of 10 CFR Part 73, Physical Security Plan Section 4.1, and Security
Force Instruction 2404, Section 2.3, Revision 21.
On February 19, 2006, Mr. Jon Brumer provided a transcribed
statement to OI regarding his involvement in the breaking of a firing
pin that was later determined to be incomplete and inaccurate in a
material respect. Specifically, Mr. Jon Brumer initially denied having
any knowledge associated with the broken firing pin event. Mr. Jon
Brumer later recanted and admitted removing and breaking the firing
pin. This information was material to the NRC as it was used to inform
the timing and nature of regulatory actions related to a serious
security matter at FPL's facility. As a result, Mr. Jon Brumer's
actions were determined to be in violation of 10 CFR 50.5(a)(2), which
states, in part, that an employee of a contractor may not deliberately
submit to the NRC, a licensee, or a licensee's contractor, information
that the person submitting the information knows to be incomplete or
inaccurate in some respect material to the NRC.
III
Based on the above, the NRC concluded that Mr. Jon Brumer, a former
employee of The Wackenhut Corporation, has engaged in deliberate
misconduct that has caused the Licensee to be in violation of 10 CFR
Part 73, Physical Security Plan Section 4.1, and Security Force
Instruction 2404, Section 2.3, Revision 21. The NRC must be able to
rely on the Licensee, its contractors, and its employees to comply with
NRC requirements. Mr. Jon Brumer's violation of 10 CFR 50.5(a)(1),
which caused the Licensee to be in violation of 10 CFR Part 73 and the
Physical Security Plan, and his additional violation of 10 CFR
50.5(a)(2), have raised serious doubts as to whether he can be relied
on 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, and that common defense and security will be
achieved if Mr. Jon Brumer were permitted at this time to be involved
in NRC-licensed activities. Therefore, the public health, safety and
interest require that Mr. Jon Brumer be prohibited from any involvement
in NRC-licensed activities for a period of five years from the date of
this Order. Additionally, Mr. Jon Brumer is required to notify the NRC
of his first employment in NRC-licensed activities for a period of
three years following the prohibition period. Furthermore, pursuant to
10 CFR 2.202, I find that the significance of Mr. Jon Brumer'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 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. Jon Brumer is prohibited for five 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. Jon Brumer is currently involved with another licensee in
performing NRC-licensed activities, he 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 five year period of
prohibition has expired, Mr. Jon Brumer shall, within 20 days of
acceptance of his first employment offer involving 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, U. S. Nuclear Regulatory Commission, Washington, DC
20555-0001, of the name, address, and telephone number of the employer
or the entity where he is, or will be, involved in the NRC-licensed
activities. In the notification, Mr. Jon Brumer shall include a
statement of his commitment to compliance with regulatory requirements
and the basis for why 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. Jon Brumer of good cause.
V
In accordance with 10 CFR 2.202, the Mr. Jon Brumer must, and any
other person adversely affected by this Order may, submit an answer to
this Order within 20 days of its issuance. In addition, the Mr. Jon
Brumer and any other person adversely affected by this Order may
request a hearing on this Order within 20 days of its issuance. Where
good cause is shown, consideration will be given to extending the time
to answer or request a hearing. A request for extension of time must be
directed to the Director, Office of Enforcement, U.S. Nuclear
Regulatory Commission, and include a statement of good cause for the
extension. A request for a hearing must be filed in accordance with the
NRC E-Filing rule, which the NRC promulgated in August, 2007, 72 FR
49,139 (Aug. 28, 2007). The E-Filing process requires participants to
submit and serve documents over the Internet or, in some cases, to mail
copies on electronic optical storage media. Participants may not submit
paper
[[Page 5238]]
copies of their filings unless they seek a waiver in accordance with
the procedures described below. To comply with the procedural
requirements associated with E-Filing, at least five (5) days prior to
the filing deadline the requestor must contact the Office of the
Secretary by e-mail at [email protected], or by calling (301) 415-
1677, to request (1) a digital ID certificate, which allows the
participant (or its counsel or representative) to digitally sign
documents and access the E-Submittal server for any NRC proceeding in
which it is participating; and/or (2) creation of an electronic docket
for the proceeding (even in instances when the requestor (or its
counsel or representative) already holds an NRC-issued digital ID
certificate). Each requestor will need to download the Workplace Forms
Viewer\TM\ to access the Electronic Information Exchange (EIE), a
component of the E-Filing system. The Workplace Forms Viewer\TM\ is
free and is available at http://www.nrc.gov/site-help/e-submittals/install-viewer.html. Information about applying for a digital ID
certificate also is available on NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/apply-certificates.html.
Once a requestor has obtained a digital ID certificate, had a
docket created, and downloaded the EIE viewer, it can then submit a
request for a hearing through EIE. Submissions should be in Portable
Document Format (PDF) in accordance with NRC guidance available on the
NRC public Web site at http://www.nrc.gov/site-help/e-submittals.html.
A filing is considered complete at the time the filer submits its
document through EIE. To be timely, electronic filings must be
submitted to the EIE system no later than 11:59 p.m. Eastern Time on
the due date. Upon receipt of a transmission, the E-Filing system time-
stamps the document and sends the submitter an e-mail notice confirming
receipt of the document. The EIE system also distributes an e-mail
notice that provides access to the document to the NRC Office of the
General Counsel and any others who have advised the Office of the
Secretary that they wish to participate in the proceeding, so that the
filer need not serve the document on those participants separately.
Therefore, any others who wish to participate in the proceeding (or
their counsel or representative) must apply for and receive a digital
ID certificate before a hearing request is filed so that they may
obtain access to the document via the E-Filing system.
A person filing electronically may seek assistance through the
``Contact Us'' link located on the NRC Web site at http://www.nrc.gov/site-help/e-submittals.html or by calling the NRC technical help line,
which is available between 8:30 a.m. and 4:15 p.m., Eastern Time,
Monday through Friday. The help line number is (800) 397-4209 or
locally, (301) 415-4737.
Participants who believe that they have good cause for not
submitting documents electronically must file a motion, in accordance
with 10CFR 2.302(g), with their initial paper filing requesting
authorization to continue to submit documents in paper format. Such
filings must be submitted by (1) first class mail addressed to the
Office of the Secretary of the Commission, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, Attention: Rulemaking and
Adjudications Staff; or (2) courier, express mail, or expedited
delivery service to the Office of the Secretary, Sixteenth Floor, One
White Flint North, 11555 Rockville, Pike, Rockville, Maryland, 20852,
Attention: Rulemaking and Adjudications Staff. Participants filing a
document in this manner are responsible for serving the document on all
other participants. Filing is considered complete by first-class mail
as of the time of deposit in the mail, or by courier, express mail, or
expedited delivery service upon depositing the document with the
provider of the service.
Documents submitted in adjudicatory proceedings will appear in
NRC's electronic hearing docket which is available to the public at
http://ehd.nrc.gov/EHD_Proceeding/home.asp, unless excluded pursuant
to an order of the Commission, an Atomic Safety and Licensing Board, or
a Presiding Officer. Participants are requested not to include personal
privacy information, such as social security numbers, home addresses,
or home phone numbers in their filings. With respect to copyrighted
works, except for limited excerpts that serve the purpose of the
adjudicatory filings and would constitute a Fair Use application.
Participants are requested not to include copyrighted materials in
their works.
If a person other than the Mr. Jon Brumer 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. Jon Brumer or a person whose
interest is adversely affected, the Commission will issue an Order
designating the time and place of any hearings. 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. Jon Brumer,
or any other person adversely affected by this Order, 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 22nd day of January 2008.
For the Nuclear Regulatory Commission.
Cynthia A. Carpenter,
Director, Office of Enforcement.
[FR Doc. E8-1488 Filed 1-28-08; 8:45 am]
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