[Federal Register Volume 82, Number 35 (Thursday, February 23, 2017)]
[Notices]
[Pages 11486-11489]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-03525]
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NUCLEAR REGULATORY COMMISSION
[IA-16-075; NRC-2017-0053]
In the Matter of Casey Pooler
AGENCY: Nuclear Regulatory Commission.
ACTION: Order; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an
Order prohibiting Mr. Casey Pooler from involvement in NRC-licensed
activities for a period of 3 years. The Order also requires Mr. Pooler
to notify the NRC of any current involvement in NRC-licensed
activities. Additionally, Casey Pooler is required to notify the NRC of
his first employment in NRC-licensed activities for a period of one
year following the 3-year prohibition period.
DATES: Effective Date: See attachment.
ADDRESSES: Please refer to Docket ID NRC-2017-0053 when contacting the
NRC about the availability of information regarding this document. You
may obtain publicly-available information related to this document
using any of the following methods:
Federal Rulemaking Web Site: Go to http://www.regulations.gov and search for Docket ID NRC-2017-0053. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions, contact
the individual listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly available documents online in the
ADAMS Public Documents collection 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 [email protected]. 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: David Furst, Office of Enforcement,
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001;
telephone: 301-287-9087; Email: [email protected].
SUPPLEMENTARY INFORMATION: The text of the Order is attached.
Dated at Rockville, Maryland, this 15th day of February 2017.
For the Nuclear Regulatory Commission.
Patricia K. Holahan,
Director, Office of Enforcement.
NUCLEAR REGULATORY COMMISSION
[IA-16-075]
In the Matter of Casey Pooler
Order Prohibiting Involvement in NRC Licensed Activities
I.
Casey Pooler was employed as a contract security officer at the
NextEra Energy Seabrook, LLC (NextEra)
[[Page 11487]]
Seabrook Station (Seabrook). NextEra holds License No. NPF-86 issued by
the Nuclear Regulatory Commission (NRC or Commission) pursuant to part
50 of Title 10 of the Code of Federal Regulations (10 CFR), on March
15, 1990. The license authorizes the operation of Seabrook (facility)
in accordance with the conditions specified therein. The facility is
located on the Licensee's site in Seabrook, New Hampshire.
II.
On August 24, 2015, an investigation was initiated at the
Licensee's facility to evaluate the circumstances surrounding a
security response weapon that NextEra staff identified as having
foreign material lodged inside the barrel. Based on the results of the
investigation, the NRC determined that Mr. Pooler deliberately placed
the material inside the weapon. Specifically, the weapon had been
staged at a Seabrook security post on August 2, 2015. It was returned
to the armory on August 21, 2015, for routine cleaning. While cleaning
the weapon, the armorer found that a foam earplug insert and two pieces
of rolled up paper had been stuffed in the barrel. NextEra notified the
NRC Senior Resident Inspector at Seabrook, who in turn, informed
regional staff and management. The region immediately dispatched
security inspectors and investigators and, on August 24, 2015, formally
launched a high-priority investigation by the NRC's Office of
Investigations (OI).
During initial interviews, Mr. Pooler acknowledged to OI that he
had stood watch in the position with the affected rifle on two
occasions during the subject period. However, he testified that he had
not placed the materials in the weapon and that he had no information
about how the materials got inside of it. Afterward, Mr. Pooler made
several comments to other security officers indicating that he may have
been involved in tampering with the rifle. He asked a coworker to
contact the OI agents and ask them to meet him at an off-site location.
Although OI agents contacted Mr. Pooler, he declined to meet with them
at that time.
On multiple occasions between August 27 and September 24, 2015, OI
attempted to re-interview Mr. Pooler, but he declined each request. On
October 19, 2015, Mr. Pooler spoke with OI and stated that he believed
he placed the materials in the weapon. He told OI that he did not know
why he did it, and adamantly stated that he was not trying to hurt
anyone or to assist anyone with gaining access to the site. He
acknowledged that it was reasonable to assume that he didn't come
forward about what he had done because he was afraid of being fired.
Mr. Pooler also affirmed that he was not aware of adverse issues with
any other weapons or equipment at the site.
Based on the OI investigation, the NRC determined that Mr. Pooler
committed an apparent violation (AV) of 10 CFR 50.5(a)(1), in that his
deliberate actions caused NextEra to be in violation of 10 CFR
73.55(k)(2), which requires licensees to ensure that all firearms
necessary to implement the site security plans and protective strategy
are in working condition. Specifically, Mr. Pooler placed foreign
material into the barrel of a rifle staged at a Seabrook security post
that was established to implement the site protective strategy. Because
of the foreign material, the licensee could not ensure that the rifle
would fire properly.
In a letter dated December 1, 2016, the NRC described the AV and
informed Mr. Pooler that the NRC was considering escalated enforcement
action against him. In the letter, the NRC also offered Mr. Pooler the
opportunity to discuss the AV during a pre-decisional enforcement
conference (PEC) or to engage the NRC in an alternative dispute
resolution (ADR) mediation session or to provide a written response
before the NRC made an enforcement decision. In a December 13, 2016,
telephone call with NRC Region I Enforcement staff, Mr. Pooler's
attorney informed the NRC that he neither required a PEC or an ADR
mediation session, nor intended to submit a written response, but that
Mr. Pooler was willing to cooperate with the NRC's intended enforcement
action.
III.
Based on the above, it appears that Casey Pooler, a contract
employee of the Licensee, engaged in deliberate misconduct that caused
the Licensee to be in violation of 10 CFR 73.55(k)(2). Casey Pooler's
action has raised serious doubt as to whether he can be relied upon to
comply with the NRC's requirements. Consequently, the NRC lacks 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 Casey Pooler were
permitted at this time to be involved in NRC-licensed activities.
Therefore, Casey Pooler is prohibited from any involvement in NRC-
licensed activities for a period of three years from the date of this
Order. Additionally, Casey Pooler is required to notify the NRC of his
first employment in NRC-licensed activities for a period of one year
following the prohibition period.
IV.
Accordingly, pursuant to sections 103, 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 50.5. It is hereby ordered,
effective upon the date of issuance, that:
1. Casey Pooler is prohibited for three years from the date of this
Order 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 Mr. Pooler is currently involved with another licensee in
NRC-licensed activities, he must immediately cease those activities;
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 one year after the three-year period of
prohibition has expired, Mr. Pooler 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. Pooler 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.
The Director, Office of Enforcement, or designee, may, in writing,
relax or rescind any of the above conditions upon demonstration by Mr.
Pooler of good cause.
V.
The NRC has determined that Mr. Pooler's communications with the
NRC, both during the investigation and subsequently through his
attorney, are sufficient to constitute an answer to the Order.
Therefore, to satisfy the requirements of 10 CFR 2.202, Mr. Pooler need
only acknowledge to the NRC that he has received the Order. This may be
done by Mr. Pooler or
[[Page 11488]]
through his attorney, and may be accomplished by telephone call or
electronic mail message to the NRC Region I Senior Enforcement
Specialist Marjorie McLaughlin ((610) 337-5240 or
[email protected]). Any person adversely affected by this
Order may submit a written answer to this Order within 30 days of its
publication in the Federal Register. In addition, Mr. Pooler and any
other person adversely affected by this Order may request a hearing on
this Order within 30 days of its publication in the Federal Register.
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.
VI.
All documents filed in NRC adjudicatory proceedings, including a
request for hearing and petition for leave to intervene (petition), 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 that request to
participate under 10 CFR 2.315(c), must be filed in accordance with the
NRC's E-Filing rule (72 FR 49139; August 28, 2007, as amended at 77 FR
46562, August 3, 2012). 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. Detailed
guidance on making electronic submissions may be found in the Guidance
for Electronic Submissions to the NRC and on the NRC Web site at http://www.nrc.gov/site-help/e-submittals.html. 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 [email protected] or by
telephone at 301-415-1677, to (1) request a digital identification (ID)
certificate, which allows the participant (or its counsel or
representative) to digitally sign submissions and access the E-Filing
system for any proceeding in which it is participating; and (2) advise
the Secretary that the participant will be submitting a petition or
other adjudicatory document (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/getting-started.html. Once a participant has obtained a
digital ID certificate and a docket has been created, the participant
can then submit adjudicatory documents. Submissions must be in Portable
Document Format (PDF). Additional guidance on PDF submissions is
available on the NRC's public Web site at http://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is considered complete at the
time the document is 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
document on those participants separately. Therefore, applicants and
other participants (or their counsel or representative) must apply for
and receive a digital ID certificate before adjudicatory documents are
filed so that they can obtain access to the documents via the E-Filing
system.
A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC's Electronic
Filing 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 1-866-672-
7640. The NRC Electronic Filing Help Desk is available between 9 a.m.
and 6 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
stating why there is good cause for not filing electronically and
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, 11555
Rockville Pike, Rockville, Maryland, 20852, Attention: Rulemaking and
Adjudications Staff. Participants filing adjudicatory documents 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
https://adams.nrc.gov/ehd, unless excluded pursuant to an order of the
Commission or the presiding officer. If you do not have an NRC-issued
digital ID certificate as described above, click cancel when the link
requests certificates and you will be automatically directed to the
NRC's electronic hearing dockets where you will be able to access any
publicly available documents in a particular hearing docket.
Participants are requested not to include personal privacy information,
such as social security numbers, home addresses, or personal phone
numbers in their filings, unless an NRC regulation or other law
requires submission of such information. For example, in some
instances, individuals provide home addresses in order to demonstrate
proximity to a facility or site. 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. Pooler 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 Mr.
Pooler or a person whose interest is
[[Page 11489]]
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 this Order is published in the Federal Register 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 at Rockville, Maryland, this 15th day of February 2017.
For the Nuclear Regulatory Commission.
Patricia K. Holahan,
Director, Office of Enforcement.
[FR Doc. 2017-03525 Filed 2-22-17; 8:45 am]
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