[Federal Register Volume 73, Number 21 (Thursday, January 31, 2008)]
[Notices]
[Pages 5880-5882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-1795]
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NUCLEAR REGULATORY COMMISSION
[IA-07-028]
In the Matter of Mr. William Johns; Confirmatory Order (Effective
Immediately)
I
Mr. William Johns is the former Security Manager at the Turkey
Point Nuclear Plant (Turkey Point) operated by Florida Power & Light
Company (FPL
[[Page 5881]]
or Licensee). FPL holds 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, Units 3 & 4, in accordance
with the conditions specified therein. Turkey Point is located on the
Licensee's site in Florida City, Florida.
II
In August 2005, a broken firing pin from a contingency response
weapon was discovered at FPL's Turkey Point facility. FPL conducted an
investigation into the circumstances surrounding the broken pin. As the
Security Manager at Turkey Point at that time, Mr. Johns was advised of
the status and progress of the FPL investigation. Based on his
understanding of the circumstances of the matter and his understanding
of reporting requirements and guidelines, in approximately September
2005, Mr. Johns ensured or allowed the event to be documented into the
plant security log at that time, and concluded that this incident would
not be reported to the NRC in accordance with 10 CFR part 73, Appendix
G.I.(a)(3).
III
In February 2006, the NRC's Office of Investigations (OI) initiated
an investigation into the circumstances surrounding the broken firing
pin. Based on the OI investigation, the NRC reached a preliminary
conclusion that Mr. Johns deliberately failed to make a one-hour report
to the Commission of an event involving the interruption of normal
operation of a licensed nuclear power reactor through the unauthorized
use of or tampering with its machinery, components, or controls,
including the security system. In this case, the tampering event
involved the breaking of a firing pin for a contingency response
weapon. As a result, the NRC concluded that Mr. Johns was in apparent
violation of 10 CFR 50.5, in that his actions caused FPL to be in
violation of 10 CFR part 73, Appendix G.I.(a)(3).
The results of the NRC's preliminary conclusion were provided to
Mr. Johns by letter dated May 30, 2007. The NRC's letter informed Mr.
Johns that the NRC was considering the apparent violation for escalated
enforcement action in accordance with the NRC Enforcement Policy, and
offered Mr. Johns a choice to: (1) Attend a Pre-decisional Enforcement
Conference; (2) provide a written response; or (3) request ADR with the
NRC in an attempt to resolve any disagreement on whether a violation
occurred, the appropriate enforcement action, and the appropriate
corrective actions. In response, Mr. Johns requested ADR to resolve the
matter. Mr. Johns and the NRC participated in an ADR session in
Atlanta, Georgia, on September 11, 2007. As the result of the ADR
session, Mr. Johns and the NRC reached a settlement agreement. The
elements of the Agreement in Principle consisted of the following:
1. Mr. Johns disagreed with certain facts supporting a conclusion
that he violated 10 CFR 50.5, and he denied that he engaged in any
deliberate misconduct. At the ADR session, Mr. Johns elaborated on the
circumstances surrounding his involvement in the apparent violation, in
support of his view that his actions did not represent deliberate
misconduct. In particular, Mr. Johns stated that his actions in not
reporting the incident in accordance with 10 CFR part 73, Appendix G
were consistent with his previous practice and experience with
reporting such incidents, and the fact that the underlying issue did
not appear to be a result of a malevolent intent. Mr. Johns further
stated that his decision to enter the event in the plant security log,
rather than make a one-hour report to the NRC, was consistent with his
understanding of NRC guidance in Generic Letter 91-03, Reporting of
Safeguards Events.
2. Mr. Johns indicated that since approximately February 2006, he
has not been involved in any activities at any facility that is subject
to NRC regulations. Mr. Johns also indicated that, as of the date of
the ADR session, he had no intention of working or seeking employment
in any activities or at any facility that is subject to NRC
regulations, and that he would not seek employment requiring his
participation in NRC-regulated activities before July 15, 2008.
3. Prior to seeking future employment in NRC-regulated activities,
Mr. Johns will submit to the NRC a letter explaining the steps he has
taken to assure he understands the NRC's security reporting
requirements in effect at the time.
4. The NRC concluded that Mr. Johns' agreement to not seek
employment requiring his participation in NRC-regulated activities
until after July 15, 2008, and his agreement to provide the NRC a
letter explaining the steps he has taken to ensure he understands the
NRC's reporting requirements in effect at the time, is sufficient to
address all Agency concerns regarding his involvement in the matter
discussed in the NRC's letter dated May 30, 2007.
5. In consideration of the above, the NRC agreed to forego issuance
of a Notice of Violation or other enforcement action in this matter.
6. The NRC and Mr. Johns agreed that the above elements will be
incorporated into a Confirmatory Order.
7. Mr. Johns agreed to waive the right to request a hearing
regarding all or any part of the Confirmatory Order.
IV
Because Mr. Johns has agreed to take actions to address the NRC's
concerns, as set forth in Section III above, the NRC has concluded that
its concerns can be resolved through issuance of this Order.
I find that Mr. Johns' commitments set forth in Section V below are
acceptable and necessary, and I conclude that with these commitments
the public health and safety are reasonably assured. In view of the
foregoing, I have determined that public health and safety require that
Mr. Johns' commitments be confirmed by this Order. Based on the above
and Mr. Johns' consent, this Order is immediately effective upon
issuance.
V
Accordingly, pursuant to Sections 104, 161b, 161i, 161o, and 186 of
the Atomic Energy Act of 1954, as amended, the Commission's regulations
in 10 CFR 2.202 and 10 CFR Part 50, It is hereby ordered, effective
immediately, that:
1. Mr. Johns will not seek employment requiring his participation
in NRC-regulated activities before July 15, 2008.
2. Prior to seeking future employment in NRC-regulated activities,
Mr. Johns will submit to the NRC a letter explaining the steps he has
taken to ensure he understands the NRC's security reporting
requirements in effect at the time.
The Regional Administrator, NRC Region II, may relax or rescind, in
writing, any of the above conditions upon a showing by Mr. Johns of
good cause.
VI
Any person adversely affected by this Confirmatory Order, other
than Mr. William Johns, may request a hearing within 20 days of its
issuance. 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. Any request for a
hearing shall be submitted to the Secretary, U.S.
[[Page 5882]]
Nuclear Regulatory Commission, ATTN: Chief, Rulemakings and
Adjudications Staff, Washington, DC 20555-0001. Copies of the hearing
request shall also 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., Suite 23T85, Atlanta, GA 30303-8931; and to Mr.
William Johns. Because of the possible 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 Mr. Johns 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) and (f).
If a hearing is requested by 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 Confirmatory Order should be
sustained.
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 V 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 V 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.
Victor M. McCree,
Acting Regional Administrator.
[FR Doc. E8-1795 Filed 1-30-08; 8:45 am]
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