Federal Register, Volume 79 Issue 97 (Tuesday, May 20, 2014)

[Federal Register Volume 79, Number 97 (Tuesday, May 20, 2014)]
[Notices]
[Pages 28975-28978]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-11616]

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NUCLEAR REGULATORY COMMISSION

[IA-13-059; NRC-2014-0115]

In the Matter of Richard Brian Smith

AGENCY: Nuclear Regulatory Commission.

ACTION: Order; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an
order prohibiting Richard Brian Smith's involvement in any NRC-licensed
activities for a period of five years. This Order is based on Richard
Brian Smith having twice tested positive for an illegal substance
during random fitness-for-duty (FFD) tests while holding an NRC
operator's license at the Grand Gulf Nuclear Station and the results of
an NRC investigation.

DATES: Effective Date: See attachment.

[[Page 28976]]

ADDRESSES: Please refer to Docket ID NRC-2014-0115 when contacting the
NRC about the availability of information regarding this document. You
may access publicly-available information related to this action by the
following methods:
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2014-0115. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: Carol.Gallagher@ nrc.gov.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may access publicly available documents online in the NRC
Library at http://www.nrc.gov/reading-rm/adams.html. To begin the
search, select ``ADAMS Public Documents'' and then select ``Begin Web-
based ADAMS Search.'' For problems with ADAMS, please contact the NRC's
Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-
4737, or by email to pdr.resource@ nrc.gov. The ADAMS accession number
for each document referenced in this document (if that document is
available in ADAMS) is provided the first time that a document is
referenced.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: Gerry Gulla, Office of Enforcement,
U.S. Nuclear Regulatory Commission, Washington DC 20555-0001;
telephone: 301-415-2872, email: Gerald.Gulla@ nrc.gov.

SUPPLEMENTARY INFORMATION: The text of the Order is attached.

Dated at Rockville, Maryland, this 14th day of May 2014.

For the Nuclear Regulatory Commission.
Roy P. Zimmerman,
Director, Office of Enforcement.

Order Prohibiting Involvement in NRC-Licensed Activities

Richard Brian Smith was formerly employed as a senior reactor
operator (SRO) at Entergy Operations, Inc., Grand Gulf Nuclear Station
(Grand Gulf or licensee). Mr. Smith was the holder of SRO license No.
SOP-44682, which was issued by the U.S. Nuclear Regulatory Commission
(NRC) on May 29, 2013. The license authorized Mr. Smith to manipulate,
and supervise the manipulation of, the controls of Grand Gulf, Facility
License No. NPF-29, located in Port Gibson, Mississippi.

On May 16, 2013, Mr. Smith self-reported an arrest for driving
under the influence of alcohol, in accordance with Title 10 of the Code
of Federal Regulations (10 CFR) 73.56, ``Personnel access authorization
requirements for nuclear power plants.'' As a result of this arrest,
Mr. Smith was subjected to an increased fitness-for-duty (FFD) testing
frequency in accordance with Grand Gulf procedures. On July 18, 2013,
Mr. Smith participated in the FFD testing process, which resulted in a
negative indication for alcohol. However, on July 22, 2013, the Grand
Gulf Medical Review Officer received Mr. Smith's FFD test sample
results, which confirmed a positive test result for a cocaine
metabolite. The licensee immediately relieved Mr. Smith of his
watchstanding duties and revoked his unescorted site access, in
accordance with 10 CFR 26.75, ``Sanctions.''
On September 9, 2013, the NRC received follow-up information
regarding Mr. Smith's July 18, 2013, positive test result from Grand
Gulf. Included in this letter was the licensee's plan to reinstate Mr.
Smith to licensed duties, pending the successful completion of both a
substance abuse treatment program and a subsequent medical evaluation
by the facility's Medical Review Officer. By email dated November 18,
2013, and subsequent phone call on November 20, 2013, Grand Gulf
notified the NRC that Mr. Smith had satisfactorily completed medical
examinations, a substance abuse evaluation, and a clinical evaluation
with a psychologist, as well as security and FFD processing. Based on
the satisfactory completion of these evaluations, Grand Gulf granted
Mr. Smith unescorted access to the protected area, but did not allow
him to perform licensed duties.
On December 4, 2013, the NRC's Office of Investigations (OI),
Region IV Field Office, initiated an investigation based on Mr. Smith's
positive FFD test results. The investigation was completed on January
22, 2014, and the results were documented in the NRC's OI Report No. 4-
2014-012. Based on the evidence developed during the investigation, it
was determined that Mr. Smith deliberately used cocaine while an
employee of Grand Gulf.
On December 11, 2013, Grand Gulf received the results from an FFD
test sample submitted by Mr. Smith on December 5, 2013. Mr. Smith's
December sample also resulted in a positive test result for a cocaine
metabolite. Grand Gulf immediately reported the positive test result
for an illegal drug to the NRC. On January 6, 2014, Grand Gulf
requested the termination of Mr. Smith's license, retroactive to
December 11, 2013. On January 6, 2014, the NRC retroactively terminated
Mr. Smith's license, effective on December 11, 2013.

III

The NRC holds licensed operators to high performance standards and
entrusts them with assuring the public health and safety in the
operation of a nuclear power plant. Incorporated into this trust is the
expectation that licensed operators will follow all NRC requirements. A
licensed operator testing positive for an illegal substance is a
violation of 10 CFR 55.53(d), which requires the licensee to observe
all applicable rules, regulations, and orders of the Commission, and 10
CFR 55.53(j), which states, in part, ``The licensee shall not use,
possess, or sell any illegal drugs.'' Mr. Smith also violated 10 CFR
50.5, the NRC's deliberate misconduct rule, when he deliberately
participated in drug use activities.
Consequently, due to Mr. Smith's positive FFD test results on two
separate occasions, and his deliberate actions related to drug use
activities, 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. Smith were permitted at this time to be involved in
NRC-licensed activities. Therefore, the public health, safety, and
interest require that Mr. Smith be prohibited from any involvement in
NRC-licensed activities for a period of five years, effective 30 days
from the date of issuance of this Order.
During this five year prohibition period, Mr. Smith cannot engage
in 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. Additionally, Mr. Smith is required
to notify the NRC of his first employment in NRC-licensed activities
for a period of one year following the prohibition period.

Accordingly, pursuant to sections 81, 161b, 161i, 182 and 186 of
the Atomic Energy Act of 1954, as amended, and the Commission's
regulations in 10 CFR 2.202, and 10 CFR 30.10, it is hereby ordered
that:
1. Richard Brian Smith is prohibited for five years from engaging
in any NRC-

[[Page 28977]]

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.
3. If Richard Brian Smith is involved with another licensee in NRC-
licensed activities, then he must 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.
4. For a period of one year after the five year period of
prohibition has expired, Richard Brian Smith shall, within 30 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. This notification should be clearly marked as a ``Reply to
an Order; IA-13-059.'' In the notification, Richard Brian Smith shall
include a statement of his commitment to compliance with regulatory
requirements and the basis why the Commission should have confidence
that he will now comply with applicable NRC requirements. He shall also
include: (1) The reason for the violation, or, if contested, the basis
for disputing the violation, (2) the corrective steps that have been
taken and the results achieved, (3) the corrective steps that will be
taken to avoid further violations, and (4) the date when full
compliance was achieved.
The above provisions are effective 30 days from the date of
issuance of this Order.
The Director, Office of Enforcement, or designee, may, in writing,
relax or rescind any of the above conditions upon demonstration by
Richard Brian Smith of good cause.

At this time Mr. Smith is not required to respond to this Order;
however, if he chooses to respond, he must submit a written answer to
this Order under oath or affirmation within 30 days of its issuance.
Any person adversely affected by this Order may submit a written answer
to this Order within 30 days of its issuance. In addition, Mr. Smith
may demand, and any other person adversely affected by this Order may
request, a hearing on this Order within 30 days of its issuance. Where
good cause is shown, consideration will be given to extending the time
to answer and demand 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
demand or request for hearing, a petition for leave to intervene, any
motion or other document filed in the proceeding prior to the
submission of a demand or 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, as amended by 77 FR 46562,
August 3, 2012), codified in pertinent part at 10 CFR 2.302. 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 10
days prior to the filing deadline, the participant should contact the
Office of the Secretary by email at hearing.docket@ nrc.gov, or by
telephone at (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
proceeding in which it is participating; and (2) advise the Secretary
that the participant will be submitting a demand or request 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 NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html. System requirements for accessing the E-Submittal
server are detailed in 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 (EIE),
users will be required to install a Web browser plug-in obtained from
the NRC 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.
After the Office of the Secretary has created a docket and a
participant has obtained a digital ID certificate, the participant may
submit a demand for hearing or request for hearing and petition for
leave to intervene. 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 documents are submitted through the
NRC 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 Office of the General Counsel and other persons who have advised
the Office of the Secretary that they wish to participate in the
proceeding. The filer need not serve the documents on participants
separately. Therefore, 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 demand or 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 at
nrc.gov">MSHD.Resource@nrc.gov, or by a toll-

[[Page 28978]]

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 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 paper format 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
the reason for the exemption no longer exists.
Documents submitted in adjudicatory proceedings will appear in the
NRC 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. With
respect to copyrighted works, participants are requested not to include
copyrighted materials in their submission, except for limited excerpts
that serve the purpose of the adjudicatory filings and constitute a
Fair Use application.
If a person other than Mr. Smith requests a hearing, that person
shall set forth with particularity the manner in which his or her
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 demanded
by Mr. Smith or requested by 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 demand or request for hearing, or written approval of an
extension of time in which to demand or request a hearing, the
provisions specified in Section IV above shall be effective and final
30 days of its issuance without further order or proceedings. If an
extension of time for demanding or requesting a hearing has been
approved, the provisions specified in Section IV shall be final when
the extension expires if a hearing demand or request has not been
received.

Dated at Rockville, Maryland, this 14th day of May 2014.

For the Nuclear Regulatory Commission.

Roy P. Zimmerman,
Director Office of Enforcement.

[FR Doc. 2014-11616 Filed 5-19-14; 8:45 am]
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