[Federal Register Volume 61, Number 82 (Friday, April 26, 1996)]
[Notices]
[Pages 18630-18632]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10349]



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NUCLEAR REGULATORY COMMISSION
[IA 96-020]


Mr. Juan Guzman; Order Prohibiting Unescorted Access or 
Involvement in NRC-Licensed Activities Effective Immediately

I

    Mr. Juan Guzman was employed as a contractor by the Baltimore Gas & 
Electric Company (BG&E) at the Calvert Cliffs facility (Licensee), 
which holds a license issued by the Nuclear Regulatory Commission (NRC 
or Commission) pursuant to 10 CFR Part 50. The license authorizes the 
operation of the Calvert Cliffs Nuclear Power Plant, Units 1 & 2 
(facilities) in accordance with the conditions specified therein. The 
facility is located on the Licensee's site in Lusby, Maryland.

II

    In a Licensee Event Report issued by BG&E on November 16, 1994, the 
NRC received information from BG&E indicating that BG&E had revoked Mr. 
Guzman's unescorted access authorization and removed him from the 
protected area in October 1994 after it became aware through an 
investigation by the Immigration and Naturalization Service and State 
Department, that Mr. Guzman was an illegal alien.
    Mr. Guzman's unescorted access to the site initially had been 
granted by BG&E on February 23, 1993 based, in part, on his submittal 
of a ``green card'' and social security card during the initial 
interview process, both of which were represented as authentic when, in 
fact, they were not. In addition, when questioned on prior occasions by 
the Licensee regarding an arrest record obtained as a result of 
fingerprints submitted to the FBI, Mr. Guzman repeatedly denied that 
the arrest record belonged to him, even though it did. Mr. Guzman's 
falsification of background information, combined with his subsequent 
denials to the Licensee, constitute a significant regulatory concern.
    The NRC regulations in 10 CFR 73.56 and 73.57 were established, in 
part, to provide high assurance that individuals granted unescorted 
access are trustworthy and reliable. Mr. Guzman's actions in this 
matter did not demonstrate that trustworthiness, and constitute a 
violation of the requirements of 10 CFR 50.5, ``Deliberate 
Misconduct,'' because Mr. Guzman deliberately submitted to the Licensee 
information that he knew was incomplete or inaccurate in some respect 
material to the NRC.

[[Page 18631]]

III

    Although Mr. Guzman was terminated from employment at Calvert 
Cliffs in October 1994, his actions in this matter raise serious 
concerns as to whether he can be relied upon to comply with NRC 
requirements. Therefore, pursuant to sections 161c, 161o, 182 and 186 
of the Atomic Energy Act of 1954, as amended, and the Commission's 
regulations in 10 CFR 2.204, in order for the Commission to determine 
whether further enforcement action should be taken against Mr. Guzman 
to ensure compliance with NRC regulatory requirements, the NRC sent him 
a Demand for Information (DFI) on January 2, 1996. The DFI required Mr. 
Guzman to provide the NRC a response that: (1) Identifies whether he is 
currently employed by any company subject to NRC regulation and, if so, 
describes in what capacity; (2) describes why the NRC should permit him 
to be involved in licensed activities in the future or have confidence 
that he will comply with NRC requirements if currently employed in an 
NRC-regulated activity, including requirements to provide complete and 
accurate information; and (3) explains why the NRC should not conclude 
that his actions in providing false information to the Licensee were 
done deliberately.
    In a letter dated February 7, 1996, Mr. Guzman responded to the 
DFI. In that response, Mr. Guzman stated that: (1) he was not currently 
employed by any company subject to NRC regulation; (2) at no time was 
he cited for a procedure or safety violation while employed at Calvert 
Cliffs; and (3) the sole reason he did not disclose that he was an 
illegal alien was his fear of deportation. He also admitted that he did 
deliberately, but without malice or intent, deceive the Licensee about 
his work background and experience, but did so solely out of fear of 
deportation; pointed out an inaccuracy in the DFI in that while he did 
apply for a passport under another name, he never pursued the document; 
requested that, if the NRC decided to prohibit him from working for an 
NRC licensee, consideration be given to the 15 months that had elapsed 
since his termination; and noted that the Immigration and 
Naturalization Service granted him legal resident status in the United 
States in January 1996.

IV

    Notwithstanding his motives in providing false information to the 
Licensee, it is clear, as Mr. Guzman admitted in his response, that he 
provided false information to the Licensee, and did so deliberately. In 
doing so, Mr. Guzman engaged in deliberate misconduct in violation of 
10 CFR 50.5(a)(2), in that he deliberately submitted to the Licensee 
information that he knew to be inaccurate in some respect material to 
the NRC. Such behavior cannot be tolerated by the NRC.
    The NRC must be able to rely on its licensees and their employees, 
including contractor employees, to comply with NRC requirements, 
including the requirement to provide information that is complete and 
accurate in all material respects. Mr. Guzman's actions in knowingly 
falsifying background information and his identity in an attempt to 
avoid discovery and gain access to the Calvert Cliffs facility, and his 
false statements to Licensee officials when questioned about his 
background and identity, have raised serious doubt as to whether he can 
be relied upon to comply with NRC requirements and to provide complete 
and accurate information to the NRC and its licensees.
    Consequently, I lack the requisite reasonable assurance that: (1) 
Mr. Guzman will conduct NRC-licensed activities in compliance with the 
Commission's requirements; and (2) the health and safety of the public 
will be protected if Mr. Guzman is granted unescorted access to NRC-
licensed facilities at this time. Therefore, I find that the public 
health, safety, and interest require that Mr. Guzman be prohibited from 
involvement in NRC-licensed activities for five years from the date of 
the termination of his unescorted access by BG&E on October 18, 1994. 
Furthermore, pursuant to 10 CFR 2.202, I find that the significance of 
the misconduct 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, 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 50.5, it is hereby ordered, 
effective immediately, that:
    A. For a five-year period from October 18, 1994, the date of the 
termination of his unescorted access by BG&E, Mr. Juan Guzman is 
prohibited from engaging in NRC-licensed activities. For the purpose of 
this paragraph, NRC-licensed activities include licensed activities of: 
(1) an NRC licensee; (2) an Agreement State licensee conducting 
licensed activities in NRC jurisdiction pursuant to 10 CFR 150.20; and 
(3) an Agreement State licensee involved in distribution of products 
that are subject to NRC jurisdiction.
    B. For a five-year period from October 18, 1994, the date of the 
termination of his unescorted access by BG&E, Mr. Juan Guzman is 
prohibited from obtaining unescorted access at a NRC-licensed facility.
    The Director, OE, may, in writing, relax or rescind any of the 
above conditions upon demonstration by Mr. Guzman of good cause.

VI

    In accordance with 10 CFR 2.202, Mr. Guzman 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, DC 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. Guzman 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, DC 20555. 
Copies also shall be sent to the Director, Office of Enforcement, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555, to the Assistant 
General Counsel for Hearings and Enforcement at the same address, to 
the Regional Administrator, NRC Region I, 475 Allendale Road, King of 
Prussia, Pennsylvania 19406, and to Mr. Guzman if the answer or hearing 
request is by a person other than Mr. Guzman. If a person other than 
Mr. Guzman 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. Guzman 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.

[[Page 18632]]

    Pursuant to 10 CFR 2.202(c)(2)(i), Mr. Guzman or any other person 
adversely affected by this Order 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 final 20 days from the date of 
this Order without further order or proceedings. An answer or a request 
for hearing shall not stay the immediate effectiveness of this order.

    Dated at Rockville, Maryland this day of April 1996.

    For the Nuclear Regulatory Commission.
James L. Milhoan,
Deputy Executive Director for Nuclear Reactor Regulation, Regional 
Operations, and Research.
[FR Doc. 96-10349 Filed 4-25-96; 8:45 am]
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