[Federal Register Volume 62, Number 5 (Wednesday, January 8, 1997)]
[Notices]
[Pages 1135-1137]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-399]


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NUCLEAR REGULATORY COMMISSION

[IA 96-103]


Cecil Ray Owen; Order Prohibiting Involvement in NRC-Licensed 
Activities (Effective Immediately)

I

    Between January 25, 1995 and May 23, 1995, Mr. Cecil Ray Owen was 
employed by Westinghouse Electric Corporation (WEC) as a millwright at 
Virginia Electric and Power Company's (VEPCO) North Anna Power Station 
(NAPS). VEPCO holds License Nos. NPF-4 and NPF-7 for North Anna Units 1 
and 2, issued by the Nuclear Regulatory Commission (NRC or Commission) 
pursuant to 10 CFR Part 50 on April 1, 1978 and August 21, 1980, 
respectively. The licenses authorize VEPCO to operate NAPS in 
accordance with the conditions specified therein. WEC is a contractor 
to VEPCO and provides various services at NAPS.

II

    10 CFR 73.56 requires, in part, that nuclear power plant licensees 
implement access authorization programs or accept a contractor's access 
authorization program for individuals seeking unescorted access to 
protected and vital areas of nuclear power plants. The objective of the 
regulation is to provide high assurance that individuals granted 
unescorted access are trustworthy and reliable and do not constitute an 
unreasonable risk to the health and safety of the public. The 
unescorted access authorization program must include a background 
investigation, including an individual's employment history. The 
decision to grant unescorted access authorization must be based upon 
the licensee's review and evaluation of all pertinent information 
developed.

III

    In order to be certified for unescorted access at NAPS, Mr. Owen 
was required to complete a WEC preemployment security questionnaire 
which included a requirement that he list all prior employment for the 
last five years. Mr. Owen completed the questionnaire in January 1995. 
The questionnaire was used by WEC to conduct a background 
investigation. Mr. Owen was granted unescorted access authorization to 
NAPS on the basis of information he submitted on this WEC preemployment 
security questionnaire. Information regarding prior drug usage is 
material to the NRC in that licensee fitness-for-duty

[[Page 1136]]

programs must provide reasonable assurance that plant personnel will 
perform their tasks in a reliable and trustworthy manner and are not 
under the influence of any substance, legal or illegal, which in any 
way adversely affects their ability to safely and competently perform 
their duties. Fitness-for-duty programs must also provide reasonable 
measures for early detection of persons not fit to perform activities. 
Withholding information regarding prior drug usage circumvents these 
provisions of the fitness-for-duty programs. Deliberate misconduct 
demonstrates untrustworthiness to conduct activities at an NRC-licensed 
facility.
    The Nuclear Regulatory Commission Office of Investigations (OI) 
conducted an investigation, completed on June 26, 1996, which found 
that Mr. Owen completed the WEC background questionnaire for a position 
at NAPS and deliberately failed to identify previous employment, within 
the five year period, where his employment was terminated for a 
positive drug test.
    The deliberate misconduct rule in 10 CFR 50.5(a)(2) provides, in 
part, that an employee of a licensee, or employee of a contractor or 
subcontractor of a licensee, may not deliberately submit to the 
licensee, or the licensee's contractor or subcontractor, information 
that the employee knows to be incomplete or inaccurate in some respect 
material to the NRC. Mr. Owen violated this provision in that he was 
employed by WEC, a contractor to VEPCO, an NRC licensee, and 
deliberately provided information to WEC that was not complete, in that 
he did not identify one previous employer on an access authorization 
questionnaire he filled out at WEC's request. This information was 
material to the NRC as WEC and VEPCO relied on it in order to satisfy 
the requirement of 10 CFR Part 26 (Fitness for Duty Programs) and 10 
CFR 73.56 (Personnel access authorization requirements for nuclear 
power plants).
    Other pertinent information call into question Mr. Owen's 
credibility and trustworthiness. Mr. Owen, when questioned by OI, did 
not admit that he had falsified the questionnaire. Mr. Owen asserted 
that the questionnaire he completed had a statement on the bottom that 
only those periods of employment in excess of 30 days be included. When 
confronted with a photocopy of the questionnaire he signed, which 
contained instructions to list all employment for the previous five 
years, Mr. Owen remained steadfast in his assertion that the form he 
signed only required periods of employment in excess of 30 days. During 
the OI interview, Mr. Owen repeatedly denied using illegal drugs. 
However, when confronted with the laboratory results from his previous 
employer, Mr. Owen admitted that he used marijuana on isolated 
occasions.
    Mr. Owen also told OI that he had not begun working at NAPS when he 
was advised of his denial of unescorted access when, in fact, he was 
employed at NAPS during the period between January 25 and May 23, 1995.
    On August 19, 1996, the NRC sent a certified letter to Mr. Owen 
advising him of the apparent violation of NRC requirements and offering 
him the opportunity to attend a predecisional enforcement conference. 
The letter required a written response within 30 days of receipt and 
advised Mr. Owen that if he decided not to participate in a conference, 
the NRC would proceed based on the OI findings. After Mr. Owen received 
the letter, he telephoned Mr. A. Gibson, Director, Division of Reactor 
Safety, in the Region II office. Mr. Owen commented that a ban would 
affect his livelihood in that a large portion of his work was at 
nuclear sites. Mr. Gibson said that Mr. Owen should address this 
potential impact in his written response. As of the date of this Order, 
the NRC had not received a written response from Mr. Owen.

IV

    Based on the results of the OI investigation and the lack of any 
additional information from Mr. Owen, the staff concludes that Mr. 
Owen's omission was deliberate and in violation of 10 CFR 50.5(a)(2).
    The NRC must be able to rely on licensees, contractors and their 
employees to provide information that is complete and accurate in all 
material respects. This is essential with respect to access 
authorization programs at nuclear power plants because: (1) temporary 
access determinations are made on the basis of information provided by 
individuals prior to completion of a full background check; and, (2) 
the purpose of an access authorization program is to assure the 
trustworthiness and reliability of individuals granted unescorted 
access. Mr. Owen's deliberate omission raises serious doubt as to 
whether he can be relied upon to comply with NRC requirements and to 
provide complete and accurate information to NRC licensees and their 
contractors. His omission also raises doubts about his trustworthiness 
and reliability.
    Consequently, I lack the requisite reasonable assurance that 
licensed activities can be conducted in compliance with Commission 
requirements and that the health and safety of the public will be 
protected if Mr. Owen were permitted at this time to be involved in 
NRC-licensed activities. Therefore, public health and safety and the 
public interest require that Mr. Owen be prohibited from any 
involvement in NRC-licensed activities for a period of one year from 
the date of this Order and, if he is currently involved with another 
licensee 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. Additionally, Mr. Owen is required to notify the NRC of his 
first employment in NRC-licensed activities for one year following the 
prohibition period. Furthermore, pursuant to 10 CFR 2.202, I find that 
the significance of Mr. Owen's conduct described above is such that the 
public health, safety and interest require that this Order be 
immediately effective.

V

    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, 10 CFR 50.5 and 10 CFR 150.20, It is 
hereby ordered, effective immediately, that:

    A. Mr. Cecil Ray Owen is prohibited for one year from the date 
of this Order from engaging in or exercising control over 
individuals engaged in NRC-licensed activities, including obtaining 
unescorted access at an NRC-licensed facility. If Mr. Owen is 
currently involved in NRC licensed activities, he must immediately 
cease such activities, inform the NRC of the name, address and 
telephone number of the employer, and provide a copy of this Order 
to the employer. 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.
    B. For one year following the period of prohibition set forth in 
Paragraph V.A. above, Mr. Cecil Ray Owen shall, within 20 days of 
his acceptance of his first employment offer involving NRC-licensed 
activities as defined in Paragraph V.A above, provide notice to the 
Director, Office of Enforcement, U. S. Nuclear Regulatory 
Commission, Washington, D.C. 20555, of the name, address, and 
telephone number of the employer or the entity where he is, or will 
be, involved in NRC-licensed activities.
    The notice 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.


[[Page 1137]]


The Director, Office of Enforcement, may relax or rescind, in writing, 
any of the above conditions upon demonstration by Mr. Owen of good 
cause.

VI

    In accordance with 10 CFR 2.202, Mr. Owen must, and any other 
person adversely affected by this Order may, submit an answer to this 
Order, and 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, 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. Owen 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: 
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, and to the 
Regional Administrator, NRC Region II, 101 Marietta Street, NW, Suite 
2900, Atlanta, Georgia 30323 and to Mr. Owen if the answer or hearing 
request is by a person other than Mr. Owen. If a person other than Mr. 
Owen 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 2.714(d).
    If a hearing is requested by Mr. Owen 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. Owen 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 V 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 V 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 2nd day of January 1997.

    For the Nuclear Regulatory Commission.
James L. Milhoan,
Deputy Executive Director for Nuclear Reactor Regulation, Research, and 
Regional Operations.
[FR Doc. 97-399 Filed 1-7-97; 8:45 am]
BILLING CODE 7590-01-P