[Federal Register Volume 72, Number 59 (Wednesday, March 28, 2007)]
[Notices]
[Pages 14622-14623]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-5640]


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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 NRC-
licensed activities for a period of five years from the date of this 
Order. 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.
    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 NRC-licensed 
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

[[Page 14623]]

behalf he will be involved in the NRC-licensed 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 <a href="/cdn-cgi/l/email-protection#b3dbd6d2c1daddd4d7dcd0d8d6c7f3ddc1d09dd4dcc5"><span class="__cf_email__" data-cfemail="dab2bfbba8b3b4bdbeb5b9b1bfae9ab4a8b9f4bdb5ac">[email protected]</span></a> 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 <a href="/cdn-cgi/l/email-protection#e7a48289938295a7899584c9808891"><span class="__cf_email__" data-cfemail="5211373c263720123c20317c353d24">[email protected]</span></a>. 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


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