[Federal Register Volume 78, Number 216 (Thursday, November 7, 2013)]
[Notices]
[Pages 66968-66970]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-26767]


-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[NRC-2013-0246; IA-13-024]


In the Matter of Landon E. Brittain; Order Prohibiting 
Involvement In NRC-Licensed Activities (Effective Immediately)

I

    Landon E. Brittain was formerly employed as a senior reactor 
operator (SRO) at the Exelon Dresden Nuclear Power Station (Dresden 
Station). Mr. Brittain was the holder of SRO license No. SOP-32151 
issued by the Nuclear Regulatory Commission (NRC) pursuant to Part 55 
of Title 10 of the Code of Federal Regulations (10 CFR). The license 
authorized Mr. Brittain to manipulate the controls of the Dresden 
Station, Facility License Nos. DPR-19 and DPR-25, located in Morris, 
Illinois. Dresden Station requested the termination of Mr. Brittain's 
license, and on June 25, 2012, the license was terminated by the NRC.

II

    An investigation was initiated by the NRC Office of Investigations 
on June 6, 2012, to determine if Mr. Brittain, an equipment operator, 
or other personnel had knowledge of another SRO planning to commit a 
violent crime off-site and willfully failed to report that SRO to 
management for aberrant behavior. This investigation revealed that in 
mid-July 2011, Mr. Brittain, along with another SRO, began planning and 
attempted to recruit other resources to assist in an armored car 
robbery.
    However, on May 9, 2012, the other SRO was apprehended by police 
after hijacking a car at gunpoint. That SRO was later released on bail 
and apparently fled the country. Although at the time Mr. Brittain was 
not charged for the crime, he fled the country, was later apprehended 
in Venezuela, and has been extradited to the United States. As of the 
date of this Order, Mr. Brittain is under indictment for aggravated 
vehicular hijacking, vehicular hijacking, and obstruction of justice.
    Section 73.56(f)(3) of 10 CFR requires, in part, that individuals 
who are subject to an access authorization program, at a minimum, 
report any concerns arising from behavioral observation, including,

[[Page 66969]]

but not limited to, concerns related to any questionable behavior 
patterns or activities of others to the reviewing official, his or her 
supervisor, or other management personnel designated in their site 
procedures. Exelon Procedure, SY-AA-103-513, ``Behavioral 
Observation,'' Step 3.2.2 requires, in part, that individuals with 
unescorted access report to their supervisor when an individual is 
exhibiting unusual or aberrant behavior. Despite these requirements, 
Mr. Brittain failed to report his observations regarding his coworker's 
unusual or aberrant behavior to his supervisor.

III

    Due to the failure to report the questionable behavior of his 
fellow employee, and the egregiousness of Mr. Brittain's apparent 
criminal activities related to the carjacking, and the planning of such 
activities with his fellow employee, and pursuant to Sections 161b, 
161i, and 161o of the Atomic Energy Act of 1954, as amended, the NRC 
has determined that Mr. Brittain has demonstrated a lack of 
trustworthiness that falls below the standard necessary to promote the 
common defense and security, protect health, or to minimize danger to 
life or property. 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. Brittain were permitted at this time to 
be involved in NRC-licensed activities. Therefore, the public health, 
safety and interest require that Mr. Brittain be prohibited from any 
involvement in NRC-licensed activities until such time that he can 
provide the NRC that reasonable assurance exists, that licensed 
activities can be conducted in compliance with the Commission's 
requirements. Furthermore, pursuant to 10 CFR 2.202, I find that the 
significance of Mr. Brittain'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 81, 161b, 161i, 161o, 182, and 
186 of the Atomic Energy Act of 1954, as amended, and the Commission's 
regulations in 10 CFR 2.202, it is hereby ordered, effective 
immediately, that:
    1. Landon E. Brittain is prohibited from engaging in, supervising, 
directing, or in any other way conducting 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 in 
the NRC's jurisdiction pursuant to the authority granted by 10 CFR 
150.20.
    2. If Landon E. Brittain is currently involved with 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. The Director, Office of Enforcement, will consider lifting the 
prohibitions set forth in this Order only upon an adequate showing by 
Landon E. Brittain of corrective actions sufficient to demonstrate 
reasonable assurance that he will comply with NRC requirements. To 
attempt such a showing, Mr. Brittain must participate in a discussion 
with NRC. To schedule a meeting, Mr. Brittain may contact the Director, 
Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, 
DC 20555-0001. The Director, Office of Enforcement, or designee, may, 
in writing, relax or rescind any of the above conditions upon 
demonstration by Mr. Brittain of good cause.

V

    In accordance with 10 CFR 2.202, Mr. Brittain must submit a written 
answer to this Order under oath or affirmation within 30 days of the 
date of this Order. Mr. Brittain's failure to respond to this Order 
could result in additional enforcement action in accordance with the 
Commission's Enforcement Policy. Any person adversely affected by this 
Order may submit a written answer within 30 days from the date of this 
Order. In addition, Mr. Brittain and any other person adversely 
affected by this Order may request a hearing on this Order within 30 
days from the date of this Order. 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 made in writing to 
the Director, Office of Enforcement, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-001, and include a statement of good 
cause for the extension.
    All documents filed in NRC adjudicatory proceedings, including a 
request for hearing, a petition for leave to intervene, any motion or 
other document filed in the proceeding prior to the submission of a 
request for hearing or petition to intervene, and documents filed by 
interested governmental entities participating under 10 CFR 2.315(c), 
must be filed in accordance with the NRC E-Filing rule (72 FR 49139, 
August 28, 2007). The E-Filing process requires participants to submit 
and serve all adjudicatory documents over the internet, or in some 
cases to mail copies on electronic storage media. Participants may not 
submit paper copies of their filings unless they seek an exemption in 
accordance with the procedures described below.
    To comply with the procedural requirements of E-Filing, at least 
ten 10 days prior to the filing deadline, the participant should 
contact the Office of the Secretary by email at [email protected], 
or by telephone at 301-415-1677, to request (1) a digital 
identification (ID) certificate, which allows the participant (or its 
counsel or representative) to digitally sign documents and access the 
E-Submittal server for any proceeding in which it is participating; and 
(2) advise the Secretary that the participant will be submitting a 
request or petition for hearing (even in instances in which the 
participant, or its counsel or representative, already holds an NRC-
issued digital ID certificate). Based upon this information, the 
Secretary will establish an electronic docket for the hearing in this 
proceeding if the Secretary has not already established an electronic 
docket.
    Information about applying for a digital ID certificate is 
available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/apply-certificates.html. System requirements for accessing 
the E-Submittal server are detailed in the NRC's ``Guidance for 
Electronic Submission,'' which is available on the agency's public Web 
site at http://www.nrc.gov/site-help/e-submittals.html. Participants 
may attempt to use other software not listed on the Web site, but 
should note that the NRC's E-Filing system does not support unlisted 
software, and the NRC Meta System Help Desk will not be able to offer 
assistance in using unlisted software.
    If a participant is electronically submitting a document to the NRC 
in accordance with the E-Filing rule, the participant must file the 
document using the NRC's online, Web-based submission form. In order to 
serve documents through the Electronic Information Exchange System, 
users will be required to install a Web browser plug-in from the NRC's 
Web site. Further information on the Web-based submission form, 
including the installation of the Web browser plug-in, is available on 
the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html.

[[Page 66970]]

    Once a participant has obtained a digital ID certificate and a 
docket has been created, the participant can then submit a request for 
hearing or petition for leave to intervene. Submissions should be in 
Portable Document Format (PDF) in accordance with NRC guidance 
available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the 
documents are submitted through the NRC's E-Filing system. To be 
timely, an electronic filing must be submitted to the E-Filing 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 email notice confirming receipt of the document. The 
E-Filing system also distributes an email notice that provides access 
to the document to the NRC's 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 
documents on those participants separately. Therefore, applicants and 
other participants (or their counsel or representative) must apply for 
and receive a digital ID certificate before a hearing request/petition 
to intervene is filed so that they can obtain access to the document 
via the E-Filing system.
    A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System 
Help Desk through the ``Contact Us'' link located on the NRC's public 
Web site at http://www.nrc.gov/site-help/e-submittals.html, by email to 
[email protected], or by a toll-free call at 866-672-7640. The NRC 
Meta System Help Desk is available between 8 a.m. and 8 p.m., Eastern 
Time, Monday through Friday, excluding government holidays.
    Participants who believe that they have a good cause for not 
submitting documents electronically must file an exemption request, in 
accordance with 10 CFR 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. A presiding officer, 
having granted an exemption request from using E-Filing, may require a 
participant or party to use E-Filing if the presiding officer 
subsequently determines that the reason for granting the exemption from 
use of E-Filing no longer exists.
    Documents submitted in adjudicatory proceedings will appear in the 
NRC's electronic hearing docket which is available to the public at 
http://ehd1.nrc.gov/ehd/, unless excluded pursuant to an order of the 
Commission, or the 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, unless an NRC 
regulation or other law requires submission of such information. 
However, a request to intervene will require including information on 
local residence in order to demonstrate a proximity assertion of 
interest in the proceeding. 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 submission.
    If a person other than Mr. Brittain 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 licensee 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. 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 30 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 at Rockville, Maryland, this 28th day of October 2013.

    For the Nuclear Regulatory Commission.
Roy P. Zimmerman,
Director, Office of Enforcement.
[FR Doc. 2013-26767 Filed 11-6-13; 8:45 am]
BILLING CODE 7590-01-P