[Federal Register Volume 84, Number 175 (Tuesday, September 10, 2019)]
[Notices]
[Pages 47558-47561]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19556]
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NUCLEAR REGULATORY COMMISSION
[Docket No. IA-19-007; NRC-2019-0169]
Order Prohibiting Involvement in NRC-Licensed Activities
AGENCY: Nuclear Regulatory Commission.
ACTION: Order; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an
order prohibiting involvement in NRC-licensed activities to Mr. Justin
Roberts. Mr. Justin Roberts was an Assembler employed by Enrichment
Technology United States at the Louisiana Energy Services (LES)(d/b/a
URENCO USA UUSA or licensee) uranium enrichment facility. Mr. Justin
Roberts engaged in deliberate misconduct that caused LES to be in
violation of NRC's regulations.
DATES: The Order prohibiting involvement in NRC-licensed activities was
issued on September 5, 2019.
ADDRESSES: Please refer to Docket ID NRC-2019-0169 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 Website: Go to https://www.regulations.gov and search for Docket ID NRC-2019-0169. Address
questions about NRC docket IDs in Regulations.gov to Jennifer Borges;
telephone: 301-287-9127; 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 Document collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS
Search.'' For problems with ADAMS, contact the NRC's Public Document
Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by email
to [email protected].
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: Thomas Marenchin, Office of
Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
001; telephone: 301-287-9518, email: [email protected].
SUPPLEMENTARY INFORMATION: The text of the Order is attached.
Dated at Rockville, Maryland, this 5th day of September, 2019.
[[Page 47559]]
For the Nuclear Regulatory Commission.
George A. Wilson,
Director, Office of Enforcement.
Attachment--Order
United States of America Nuclear Regulatory Commission
In the Matter of Justin Roberts
IA-19-007
Order Prohibiting Involvement in NRC-Licensed Activities
I
At the time of the incident described below, Mr. Justin Roberts was
an Assembler employed by Enrichment Technology United States (ETUS) at
the Louisiana Energy Services (LES)(d/b/a URENCO USA UUSA or licensee)
uranium enrichment facility in Eunice, NM. LES holds License No. SNM-
2010, as amended on February 7, 2019, by the U.S. Nuclear Regulatory
Commission (NRC or Commission) pursuant to Part 70 of Title 10 of the
Code of Federal Regulations (10 CFR). The license authorizes uranium
enrichment operations in accordance with the conditions specified in
the license.
II
An investigation was initiated by the U.S. Nuclear Regulatory
Commission (NRC), Office of Investigations (OI), Region II (RII), on
September 23, 2016, to determine whether licensee employees
deliberately failed to maintain control of a classified component at
the LES uranium enrichment facility in Eunice, NM. The OI investigation
was completed on October 24, 2018.
On September 20, 2016, the LES Security Manager contacted the
Federal Bureau of Investigation (FBI) regarding the loss of control of
a component jointly classified by the NRC and the Department of Energy
(DOE) as ``Confidential--Restricted Data.''
On the morning of September 20, 2016, LES was made aware of the
potential loss of control of the component when one of its employees
(ETUS Employee #1) reported to LES security management that, while at
his residence, he had discovered a classified component in his personal
lunchbox on that same morning.
ETUS Employee #1 stated that he did not know how the component
ended up in his possession and stated that he did not put it in his
lunchbox. Upon discovering the component, ETUS Employee #1 maintained
control of it until he arrived at work, at which time he returned it to
security personnel.
Numerous interviews were conducted with LES employees to determine
the sequence of events leading to the discovery of the classified
component. Interviews indicate that ETUS Employee #1 left work at
approximately 4:00 p.m. on Monday, September 19, 2016. ETUS Employee #1
placed his lunchbox in the kitchen of his house upon arriving home,
where it remained until the following morning.
The component, as well as a sheet of paper that was used to obscure
view of the component in the lunchbox, was evaluated for latent
fingerprints. ETUS Employee #1 discovered the sheet of paper in the
lunchbox at the same time he discovered the component. He placed the
sheet of paper in a plastic bag and turned it over to LES security
personnel the following day. The evaluation determined that the only
fingerprints found on the sheet of paper belonged to another ETUS
employee (referred to as ETUS Employee #2, and subsequently identified
as Mr. Roberts).
In addition to the fingerprint evidence, OI determined that only
eight people had access to the area where the component was stored. A
review of badge records indicates that on the day in question, Mr.
Roberts entered into the airlock to access the clean room an unusual
number of times between 2:15 p.m. and 3:00 p.m. According to an LES
supervisor, there was no logical reason why Mr. Roberts should badge in
and out of the clean room that many times in that time frame.
OI investigators found Mr. Roberts not to be credible in his
testimony. In particular, OI became aware that Mr. Roberts was not
truthful regarding his work for his previous employer and his
employment status.
There is also sufficient information in the record to demonstrate
that Mr. Roberts knew that removing the component from the facility was
a violation of NRC requirements. First, Mr. Roberts signed a Security
Acknowledgement stating that he agreed to properly control classified
information while employed at LES. Second, Mr. Roberts signed a
Classified Information Nondisclosure Agreement stating that he would
not reveal Classified Information or Restricted Data to unauthorized
persons and that he was aware of the requirements of the Atomic Energy
Act and its prescribed penalties. Finally, Mr. Roberts training records
indicated that he received initial security training in 2013, and
refresher training in 2013, 2014, and 2015.
Based on the physical evidence obtained that demonstrates that Mr.
Roberts had handled the paper found in ETUS Employee #1's lunchbox,
along with Mr. Roberts access to the component and demonstrable lack of
credibility, it appears that Mr. Roberts removed the component from the
clean room and placed it in ETUS Employee #1's lunchbox.
These actions caused LES, an NRC licensee, to be in violation of
multiple requirements of Title 10 of the Code of Federal Regulations
(10 CFR) Part 95, Facility Security Clearance and Safeguarding of
National Security Information and Restricted Data.
III
Based on the above, the NRC has concluded that Mr. Justin Roberts
engaged in deliberate misconduct in violation of 10 CFR 70.10(a)(1)
that caused LES to be in violation of 10 CFR 95.25, 10 CFR 95.27, and
10 CFR 95.35. The NRC must be able to rely on the licensee and its
employees to comply with NRC requirements. Mr. Roberts' actions raised
serious doubt as to whether he can be relied upon to comply with NRC
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 Mr. Roberts were permitted at this time to be
involved in NRC-licensed activities. Therefore, the public's health,
safety, and interest require that Mr. Roberts be prohibited from any
involvement in NRC-licensed activities for a period of one year from
the date of this Order. Finally, Mr. Roberts is required to notify the
NRC of his first employment in NRC-licensed activities for a period of
one year following the one-year prohibition period for having any
involvement in NRC licensed activities.
IV
Accordingly, pursuant to sections 81, 161b, 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 70.10, it is hereby ordered that:
1. Mr. Justin Roberts is prohibited for one year 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. Justin Roberts is currently engaged in NRC-licensed
activities with any licensee, he must immediately cease
[[Page 47560]]
those activities, and inform the NRC of the name, address and telephone
number of the licensee, and provide a copy of this Order to the
licensee.
3. For a period of one year after the one-year period of
prohibition for conducting NRC-licensed activities has expired, Mr.
Justin Roberts 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. Roberts 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.
Roberts of good cause.
V
In accordance with 10 CFR 2.202, Mr. Roberts must submit a written
answer to this Order under oath or affirmation within 30 days of its
publication in the Federal Register. Mr. Roberts 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 to this Order within 30 days
of its publication in the Federal Register. In addition, Mr. Roberts
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.
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 (hereinafter
``petition''), and documents filed by interested governmental entities
participating 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 by 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 website 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
ten (10) calendar 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 website 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 website 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 website 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 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
[[Page 47561]]
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.
The Commission will issue a notice or Order granting or denying a
hearing request or intervention petition, designating the issues for
any hearing that will be held and designating the Presiding Officer. A
notice granting a hearing will be published in the Federal Register and
served on the parties to the hearing.
If a person (other than Justin Roberts) 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 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 thirty (30) calendar days from the date
of issuance 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.
For the Nuclear Regulatory Commission.
George A. Wilson,
Director, Office of Enforcement.
Dated this 5th day of September, 2019.
[FR Doc. 2019-19556 Filed 9-9-19; 8:45 am]
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