Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices 63731

Federal agencies, States, POTWs, local

POTW officials and other interested

parties.

A copy of the draft supporting

statement may be viewed free of charge

at the NRC Public Document Room,

2120 L Street NW (lower level),

Washington, DC. OMB clearance

packages are available at the NRC

worldwide web site (http://

www.nrc.gov) under the FedWorld

collection link on the home page tool

bar. The document will be available on

the NRC home page site for 60 days after

the signature date of this notice.

Comments and questions should be

directed to the OMB reviewer by

January 2, 1998. Norma Gonzales, Office

of Information and Regulatory Affairs

(3150- ) NEOB–10202, Office of

Management and Budget, Washington,

DC 20503.

Comments can also be submitted by

telephone at (202) 395–3087.

The NRC Clearance Officer is Brenda

Jo Shelton, (301) 415–7233.

Dated at Rockville, Maryland, this 24th day

of November 1997.

For the Nuclear Regulatory Commission.

Brenda Jo. Shelton,

NRC Clearance Officer.

[FR Doc. 97–31518 Filed 12–1–97; 8:45 am]

BILLING CODE 7590–01–P

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[IA 97–087]

Finis Scott Bandy; Order Prohibiting

Involvement in NRC-Licensed

Activities (Effective Immediately)

I

Finis Scott Bandy was formerly

employed by Omaha Public Power

District (OPPD) as an instrumentation

and control technician at OPPD’s Fort

Calhoun Station nuclear power plant,

Blair, Nebraska. OPPD holds license No.

DPR–40, issued August 9, 1973, by the

Nuclear Regulatory Commission (NRC

or Commission) pursuant to 10 CFR Part

50. The license authorizes the operation

of the Fort Calhoun Station (FCS) in

accordance with the conditions

specified therein.

II

In August 1996, the NRC inspected

access authorization files during an NRC

security inspection at FCS. The NRC

raised a question about arrest

information that Mr. Bandy had

supplied to OPPD during the course of

1993, in connection with his application

for unescorted access to the plant. The

information in question pertained to

whether Mr. Bandy had been arrested

for theft of personal property, as certain

documents in his file appeared to

indicate, or had been arrested for

excessive speed while driving, as Mr.

Bandy claimed. As a result of the NRC’s

questions, OPPD agreed to interview Mr.

Bandy in the presence of the NRC

inspector. During the interview, Mr.

Bandy denied that he had been arrested

for theft and asserted that the only

charge he was aware of involved

excessive speed while driving.

Based on further questions about the

accuracy of Mr. Bandy’s statements and

the information provided by him, Mr.

Bandy’s unescorted access to FCS was

temporarily suspended on August 22,

1996. On August 26, 1996, OPPD

terminated Mr. Bandy’s employment

and revoked his unescorted access to

FCS. OPPD then conducted an

investigation and determined that: (1)

The only charge brought against Mr.

Bandy in 1991 was a charge of theft of

personal property; (2) copies of court

records provided to OPPD by Mr. Bandy

had been altered to make it appear that

the charge had been for speeding; and

(3) Mr. Bandy made false statements

when questioned about his criminal

history in 1993 by OPPD and in 1996

when questioned by OPPD and the NRC

during its inspection. The NRC’s

investigation of this matter concluded

that Mr. Bandy deliberately falsified

criminal history information submitted

to OPPD in 1993, and provided false

information to OPPD and an NRC

inspector when questioned about this in

August 1996.

On July 22, 1997, the NRC issued a

Demand for Information to Mr. Bandy,

seeking information as to why the NRC

should not conclude that he engaged in

deliberate misconduct and, if so, why

the NRC should not prohibit his

involvement in NRC-licensed activities.

On July 29, 1997, Mr. Bandy contacted

the NRC’s Office of Enforcement,

indicated that he had no interest in

being involved in NRC-licensed

activities, and indicated that he would

be willing to consent to an order

prohibiting his involvement in NRClicensed activities. On August 19, 1997,

the NRC sent a letter to Mr. Bandy

formally seeking his consent to a

confirmatory order prohibiting his

involvement in NRC-licensed activities

for five years. Mr. Bandy failed to

respond to this letter or to NRC efforts

to contact him.

III

Based on the above, the NRC has

concluded that Mr. Bandy engaged in

deliberate misconduct in 1993 and in

August 1996, by: (1) Deliberately falsely

stating to OPPD during the course of

1993 that he had been convicted in 1991

of excessive speeding while driving

when, in fact, he had been convicted of

theft of personal property, and by

deliberately altering copies of court

records that were provided to OPPD;

and (2) deliberately falsely stating in

August 1996 to OPPD and an NRC

inspector that he had been convicted in

1991 of excessive speeding while

driving. These actions constituted a

violation of 10 CFR 50.5(a)(2), which

prohibits an individual from

deliberately submitting to the NRC or a

licensee information that the person

submitting the information knows to be

incomplete or inaccurate in some

respect material to the NRC. In this case,

the information that Mr. Bandy

provided regarding his personal history

was material because licensees are

required to consider such information in

making unescorted access

determinations in accordance with the

requirements of 10 CFR 73.56.

The NRC must be able to rely on the

licensee and its employees to comply

with NRC requirements, including the

requirement to provide information that

is complete and accurate in all material

respects. Mr. Bandy’s actions in

deliberately providing false information

to the licensee and to the NRC

constitute deliberate violations of

Commission regulations. His conduct

raises serious doubt about his

trustworthiness and reliability;

particularly whether he can be relied

upon to comply with NRC requirements

and to provide complete and accurate

information to NRC licensees in the

future.

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 would be protected

if Mr. Bandy were permitted at this time

to be involved in NRC-licensed

activities. Therefore, the public health,

safety and interest require that Mr.

Bandy be prohibited from any

involvement in NRC-licensed activities

for a period of five years from the date

of this Order. Additionally, Mr. Bandy

is required to notify the NRC of his first

employment in NRC-licensed activities

following the prohibition period.

Furthermore, pursuant to 10 CFR 2.202,

I find that the significance of Mr.

Bandy’s conduct described above is

such that the public health, safety and

interest require that this Order be

effective immediately.
63732 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices

IV

Accordingly, pursuant to Sections

103, 161b, 161i, 161o, 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

Part 50, It is hereby ordered, effective

immediately, that:

1. Finis Scott Bandy is prohibited

from involvement in activities licensed

by the NRC for a period of 5 years. NRClicensed activities are those 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 Finis Scott Bandy is currently

involved with another employer in

NRC-licensed activities, he must

immediately cease such 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.

3. For the five-year period after the

above period has expired, Mr. Bandy

will notify the Director, Office of

Enforcement, U.S. Nuclear Regulatory

Commission, Washington, D.C., 20555,

within 20 days of the first time he

accepts employment in NRC-licensed

activities, as defined in Paragraph IV.1

above. In the notification, he will

include a statement of his commitment

to comply with regulatory requirements

and address why the NRC should have

confidence that he will comply with

regulatory requirements, and the name,

address and telephone number of his

employer or entity where he will be

involved in licensed activities.

The Director, Office of Enforcement,

may relax or rescind, in writing, any of

the above conditions upon a showing by

Mr. Bandy of good cause.

V

In accordance with 10 CFR 2.202, Mr.

Bandy must, and any other person

adversely affected by this Order may,

submit an answer to this Order, and

may request a hearing within 20 days of

its issuance. 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, D.C. 20555,

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. Bandy, or

any other such 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: Chief, Docketing

and Service Section, Washington, D.C.

20555. Copies also shall be sent to the

Director, Office of Enforcement, U.S.

Nuclear Regulatory Commission,

Washington, D.C. 20555, to the

Assistant General Counsel for Hearings

and Enforcement at the same address, to

the Regional Administrator, NRC Region

IV, 611 Ryan Plaza Drive, Suite 400,

Arlington, Texas 76011, and to Mr.

Bandy. If a person other than Mr. Bandy

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 2.714(d).

If a hearing is requested by Mr. Bandy

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.

Bandy 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 a

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 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.

AN ANSWER OR A REQUEST FOR

HEARING SHALL NOT STAY THE

IMMEDIATE EFFECTIVENESS OF THIS

ORDER.

Dated at Rockville, Maryland this 19th day

of November 1997.

For The Nuclear Regulatory Commission.

James Lieberman,

Director, Office of Enforcement.

[FR Doc. 97–31521 Filed 12–1–97; 8:45 am]

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[Docket No. 50–382]

Entergy Operations, Inc.; Notice of

Consideration of Issuance of

Amendment to 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 an amendment

to Facility Operating License No. NPF–

38 issued to Entergy Operations Inc.,

(the licensee) for operation of the

Waterford Steam Electric Station, Unit

3, located in St. Charles Parish,

Louisiana.

The proposed amendment would

increase the Spent Fuel Pool storage

capacity and increase the maximum fuel

enrichment from 4.9 w/o (nominal

weight percent) to 5.0 w/o U–235. This

proposed modification will be

accomplished by removing the existing

racks in the Spent Fuel Pool and

replacing them with higher density

racks. The neutron absorber (BORAL)

for the new racks, has been licensed by

the NRC for use in other nuclear power

plant spent fuel storage applications.

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 10 CFR

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) involve a significant reduction in a

margin of safety. As required by 10 CFR

50.91(a), the licensee has provided its

analysis of the issue of no significant

hazards consideration, which is

presented below.

1. Involve a significant increase in the

probability or consequences of an

accident previously evaluated.

In the analysis of the safety issues

concerning the expanded pool storage

capacity, the following previously

postulated accident scenarios have been

considered:

a. A spent fuel assembly drop in the

Spent Fuel Pool.