14622 Federal Register / Vol. 72, No. 59 / Wednesday, March 28, 2007 / Notices 

respond to these comments, but such 

comments will not otherwise constitute 

part of the decisional record. Comments 

should be submitted to the Secretary, 

U.S. Nuclear Regulatory Commission, 

Washington, DC 20555–0001, Attention: 

Rulemakings and Adjudications Staff, 

and should cite the publication date and 

page number of this Federal Register 

notice. 

For further details with respect to this 

action, see the application dated January 

19, 2007, available for public inspection 

at the Commission’s Public Document 

Room (PDR), located at One White Flint 

North, Public File Area O1 F21, 11555 

Rockville Pike (first floor), Rockville, 

Maryland. Publicly available records 

will be accessible electronically from 

the Agency wide Documents Access and 

Management System’s (ADAMS) Public 

Electronic Reading Room on the Internet 

at the NRC Web site, http:// 

www.nrc.gov/reading-rm/adams.html. 

Persons who do not have access to 

ADAMS or who encounter problems in 

accessing the documents located in 

ADAMS should contact the NRC PDR 

Reference staff by telephone at 1–800–

397–4209, or 301–415–4737 or by e-mail 

to pdr@nrc.gov. 

Dated at Rockville, Maryland this 21st day 

of March 2007. 

For the Nuclear Regulatory Commission. 

Marvin M. Mendonca, 

Senior Project Manager, Research and Test 

Reactors Branch B, Division of Policy and 

Rulemaking, Office of Nuclear Reactor 

Regulation. 

[FR Doc. E7–5641 Filed 3–27–07; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[IA–07–008] 

In the Matter of James Francis 

Mattocks; Order Prohibiting 

Involvement in NRC-Licensed 

Activities (Immediately Effective) 

I 

Mr. James Francis Mattocks was 

employed as a contract security officer 

at Florida Power and Light Company’s 

St. Lucie Nuclear Plant (Licensee) from 

approximately September 6, 2005, to 

January 7, 2006. Licensee holds license 

Nos. DPR–67 and NPF–16, issued by the 

U.S. Nuclear Regulatory Commission 

(NRC or Commission) pursuant to 10 

CFR Part 50 on March 1, 1976 (Unit 1), 

and June 10, 1983 (Unit 2). The license 

authorizes the operation of the St. Lucie 

Nuclear Plant, Units 1 and 2, in 

accordance with the conditions 

specified therein. The facility is located 

on the Licensee’s site in St. Lucie 

County, Florida. 

II 

In 2006, Florida law enforcement 

officials conducted a criminal 

investigation into the theft of a weapon 

and thermal imaging scope from the 

Licensee’s facility. As a result of the 

investigation, the State of Florida 

concluded that in December 2005, Mr. 

Mattocks, while employed as a contract 

security officer, deliberately removed a 

Bushmaster .223 Caliber M4/A3 assault 

rifle and thermal imaging scope from 

the Licensee’s facility without 

authorization. On December 20, 2006, 

Mr. Mattocks entered a plea of guilty to 

the charge of Grand Theft—Firearm in 

the Circuit Court for St. Lucie County 

and was adjudged guilty of the charge 

upon the Court’s acceptance of his plea. 

Mr. Mattocks was sentenced to 14 

months of incarceration to be followed 

by 2 years probation. 

License Nos. DPR–67 and NPF–16, 

Section 3.F, Physical Protection, require 

the Licensee to fully implement and 

maintain in effect all provisions of the 

Commission-approved physical 

security, training and qualification, and 

safeguards contingency plans including 

amendments. The Licensee’s Physical 

Security Plan (PSP), Section 15.6, 

establishes the requirement that the 

Licensee maintain a firearms program to 

ensure firearms function properly. The 

PSP states, in part, that the program is 

described in facility procedures and 

includes provisions to account for 

Licensee firearms. Licensee 

implementing procedure, SEC–AD–

1003, Section 5.1.2 states, in part, that 

for any weapon that is taken from the 

station’s inventory for disposal or sale, 

the station will document the weapon 

by make, model, name of institution or 

individual the weapon’s accountability 

was transferred to, signature of the 

Security Manager/designee releasing 

ownership of the weapon, and the date 

the weapon was released from the 

station’s inventory. In this case, Mr. 

Mattocks removed the weapon and 

scope from station inventory without 

any authorization or approvals. 

III 

Based on the above, Mr. James Francis 

Mattocks, a former employee of the 

Licensee, has engaged in deliberate 

misconduct that has caused the 

Licensee to be in violation of 10 CFR 

50.5. NRC must be able to rely on the 

Licensee and its employees to comply 

with NRC requirements with honesty 

and integrity. Mr. Mattocks’ actions in 

this case caused the Licensee to violate 

its PSP and raise serious doubt as to 

whether he can be relied upon to 

comply with NRC requirements with 

honesty and integrity. 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. James Francis Mattocks were 

permitted at this time to be involved in 

NRC licensed activities. Therefore, the 

public health, safety and interest require 

that Mr. James Francis Mattocks be 

prohibited from any involvement in 

NRC-licensed activities for a period of 

five years from the date of this Order. 

Additionally, Mr. James Francis 

Mattocks is required to notify the NRC 

of his first employment in NRC-licensed 

activities for a period of three years 

following expiration of the prohibition 

period. Furthermore, pursuant to 10 

CFR 2.202, I find that the significance of 

Mr. James Francis Mattocks’ conduct 

described above is such that the public 

health, safety and interest require that 

this Order be immediately effective. 

IV 

Accordingly, pursuant to sections 

103, 104b, 161b, 161i, 182 and 186 of 

the Atomic Energy Act of 1954, as 

amended, and the Commission’s 

regulations in 10 CFR 2.202, 10 CFR 

50.5, and 10 CFR 150.20, It is hereby 

ordered, effective immediately, that: 

1. Mr. James Francis Mattocks is 

prohibited from engaging in NRClicensed activities for a period of five 

years from the date of this Order. NRClicensed 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. 

2. If Mr. James Francis Mattocks is 

currently involved in licensed activities 

on behalf of an NRC licensee, he must 

immediately cease those activities, 

inform the NRC of the name, address 

and telephone number of the licensee 

employer, and provide a copy of this 

order to the licensee employer. 

3. For a period of three years after the 

five year period of prohibition has 

expired, Mr. James Francis Mattocks 

shall, within 20 days of acceptance of an 

offer of employment involving his 

performance of NRC-licensed activities 

or his becoming involved in NRClicensed activities, as defined in 

Paragraph IV.1 above, provide notice to 

the Director, Office of Enforcement (OE), 

U.S. Nuclear Regulatory Commission, 

Washington, DC 20555–0001, of the 

name, address, and telephone number of 

the employer or the entity on whose 


sroberts on PROD1PC70 with NOTICES
Federal Register / Vol. 72, No. 59 / Wednesday, March 28, 2007 / Notices 14623 

behalf he will be involved in the NRClicensed activities. In the notification, 

Mr. James Francis Mattocks shall 

include a statement of his commitment 

to compliance with regulatory 

requirements and the basis upon which 

the Commission should have confidence 

that he will now comply with 

applicable NRC requirements. 

The Director, OE, may, in writing, 

relax or rescind any of the above 

conditions upon demonstration by Mr. 

James Francis Mattocks of good cause. 

V 

In accordance with 10 CFR 2.202, Mr. 

James Francis Mattocks must, and any 

other person adversely affected by this 

Order may, submit an answer to this 

Order within 20 days of the date of this 

Order or other such time as may be 

specified in this Order. In addition, Mr. 

James Francis Mattocks and any other 

person adversely affected by this Order 

may request a hearing on this Order 

within 20 days of the date of this Order. 

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. The answer may 

consent to this Order. Unless the answer 

consents to this Order, the answer shall, 

in writing and under oath or 

affirmation, specifically admit or deny 

each allegation or charge made in this 

Order and shall set forth the matters of 

fact and law on which Mr. James 

Francis Mattocks or other person 

adversely affected relies and the reasons 

as to why the Order should not have 

been issued. Any answer or request for 

a hearing shall be submitted to the 

Secretary, U.S. Nuclear Regulatory 

Commission, Attn: Rulemakings and 

Adjudications Staff, Washington, DC 

20555–0001. Copies also shall 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., 

Atlanta, GA, 30303, and to Mr. James 

Francis Mattocks if the answer or 

hearing request is by a person other than 

Mr. James Francis Mattocks. Because of 

continuing 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 

hearingdocket@nrc.gov and also to the 

Office of the General Counsel either by 

means of facsimile transmission to 301–

415–3725 or by e-mail to OGCMail 

Center@nrc.gov. If a person other than 

the licensee 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 2.390(d). 

If a hearing is requested by Mr. James 

Francis Mattocks or 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 Order should be sustained. 

Pursuant to 10 CFR 2.202(c)(2)(i), Mr. 

James Francis Mattocks, may, in 

addition to demanding a hearing, at the 

time the answer is filed or sooner, move 

the presiding officer to set aside the 

immediate effectiveness of the Order on 

the ground that the Order, including the 

need for immediate effectiveness, is not 

based on adequate evidence but on mere 

suspicion, unfounded allegations, or 

error. 

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 effective 

immediately and 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 IV shall be final when the 

extension expires if a hearing request 

has not been received. 

Dated this 21st day of March 2007. 

For the Nuclear Regulatory Commission. 

Martin J. Virgilio, 

Deputy Executive Director for Materials, 

Waste, Research, State, Tribal, and 

Compliance Programs, Office of the Executive 

Director for Operations. 

[FR Doc. E7–5640 Filed 3–27–07; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket Nos. 50–445 and 50–446] 

TXU Generation Company LP; 

Comanche Peak Steam Electric 

Station, Units 1 and 2; Notice of 

Consideration of Issuance of 

Amendment to Renewed Facility 

Operating License, Proposed No 

Significant Hazards Consideration 

Determination, and Opportunity for a 

Hearing 

The U.S. Nuclear Regulatory 

Commission (the Commission) is 

considering issuance of amendments to 

Facility Operating License Nos. NPF–87 

and NPF–89, issued to TXU Generating 

Company LP (the licensee), for 

operation of the Comanche Peak Steam 

Electric Station Unit Nos. 1 and 2, 

respectively, located in Somervell 

County, Texas. 

The proposed amendment would 

revise Technical Specification (TS) 

3.8.1, ‘‘AC Sources—Operating.’’

Specifically, the proposed change 

would revise the Completion Time for 

TS 3.8.1, Condition F, Required Action 

F.1, from 12 hours to 24 hours. 

The existing TS 3.8.1, Condition F, 

requires that an inoperable safety 

injection (SI) sequencer must be 

restored to OPERABLE status within 12 

hours. If this Completion Time is not 

met, Condition G becomes applicable 

and the plant must be shut down to at 

least MODE 3 within the following 6 

hours. The proposed change to the 

Completion Time for TS 3.8.1, 

Condition F, Required Action F.1, 

would provide more time to complete 

necessary repairs and required postwork testing to restore an inoperable SI 

sequencer to OPERABLE status prior to 

commencing a plant shutdown to 

MODE 3. 

Before issuance of the proposed 

license amendment, the Commission 

will have made findings required by the 

Atomic Energy Act of 1954, as amended 

(the Act), and the Commission’s 

regulations. 

The Commission has made a 

proposed determination that the 

amendment request involves no 

significant hazards consideration. Under 

the Commission’s regulations in Title 10 

of the Code of Federal Regulations (10 

CFR), Section 50.92, this means that 

operation of the facility in accordance 

with the proposed amendment would 

not (1) involve a significant increase in 

the probability or consequences of an 

accident previously evaluated; or (2) 

create the possibility of a new or 

different kind of accident from any 

accident previously evaluated; or (3) 


sroberts on PROD1PC70 with NOTICES