[Federal Register Volume 73, Number 21 (Thursday, January 31, 2008)]
[Notices]
[Pages 5880-5882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-1795]


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NUCLEAR REGULATORY COMMISSION

[IA-07-028]


In the Matter of Mr. William Johns; Confirmatory Order (Effective 
Immediately)

I

    Mr. William Johns is the former Security Manager at the Turkey 
Point Nuclear Plant (Turkey Point) operated by Florida Power & Light 
Company (FPL

[[Page 5881]]

or Licensee). FPL holds License No. DPR-31 and DPR-41, issued by the 
Nuclear Regulatory Commission (NRC or Commission) on July 19, 1972, and 
April 10, 1973, respectively, pursuant to 10 CFR part 50. The license 
authorizes the operation of Turkey Point, Units 3 & 4, in accordance 
with the conditions specified therein. Turkey Point is located on the 
Licensee's site in Florida City, Florida.

II

    In August 2005, a broken firing pin from a contingency response 
weapon was discovered at FPL's Turkey Point facility. FPL conducted an 
investigation into the circumstances surrounding the broken pin. As the 
Security Manager at Turkey Point at that time, Mr. Johns was advised of 
the status and progress of the FPL investigation. Based on his 
understanding of the circumstances of the matter and his understanding 
of reporting requirements and guidelines, in approximately September 
2005, Mr. Johns ensured or allowed the event to be documented into the 
plant security log at that time, and concluded that this incident would 
not be reported to the NRC in accordance with 10 CFR part 73, Appendix 
G.I.(a)(3).

III

    In February 2006, the NRC's Office of Investigations (OI) initiated 
an investigation into the circumstances surrounding the broken firing 
pin. Based on the OI investigation, the NRC reached a preliminary 
conclusion that Mr. Johns deliberately failed to make a one-hour report 
to the Commission of an event involving the interruption of normal 
operation of a licensed nuclear power reactor through the unauthorized 
use of or tampering with its machinery, components, or controls, 
including the security system. In this case, the tampering event 
involved the breaking of a firing pin for a contingency response 
weapon. As a result, the NRC concluded that Mr. Johns was in apparent 
violation of 10 CFR 50.5, in that his actions caused FPL to be in 
violation of 10 CFR part 73, Appendix G.I.(a)(3).
    The results of the NRC's preliminary conclusion were provided to 
Mr. Johns by letter dated May 30, 2007. The NRC's letter informed Mr. 
Johns that the NRC was considering the apparent violation for escalated 
enforcement action in accordance with the NRC Enforcement Policy, and 
offered Mr. Johns a choice to: (1) Attend a Pre-decisional Enforcement 
Conference; (2) provide a written response; or (3) request ADR with the 
NRC in an attempt to resolve any disagreement on whether a violation 
occurred, the appropriate enforcement action, and the appropriate 
corrective actions. In response, Mr. Johns requested ADR to resolve the 
matter. Mr. Johns and the NRC participated in an ADR session in 
Atlanta, Georgia, on September 11, 2007. As the result of the ADR 
session, Mr. Johns and the NRC reached a settlement agreement. The 
elements of the Agreement in Principle consisted of the following:
    1. Mr. Johns disagreed with certain facts supporting a conclusion 
that he violated 10 CFR 50.5, and he denied that he engaged in any 
deliberate misconduct. At the ADR session, Mr. Johns elaborated on the 
circumstances surrounding his involvement in the apparent violation, in 
support of his view that his actions did not represent deliberate 
misconduct. In particular, Mr. Johns stated that his actions in not 
reporting the incident in accordance with 10 CFR part 73, Appendix G 
were consistent with his previous practice and experience with 
reporting such incidents, and the fact that the underlying issue did 
not appear to be a result of a malevolent intent. Mr. Johns further 
stated that his decision to enter the event in the plant security log, 
rather than make a one-hour report to the NRC, was consistent with his 
understanding of NRC guidance in Generic Letter 91-03, Reporting of 
Safeguards Events.
    2. Mr. Johns indicated that since approximately February 2006, he 
has not been involved in any activities at any facility that is subject 
to NRC regulations. Mr. Johns also indicated that, as of the date of 
the ADR session, he had no intention of working or seeking employment 
in any activities or at any facility that is subject to NRC 
regulations, and that he would not seek employment requiring his 
participation in NRC-regulated activities before July 15, 2008.
    3. Prior to seeking future employment in NRC-regulated activities, 
Mr. Johns will submit to the NRC a letter explaining the steps he has 
taken to assure he understands the NRC's security reporting 
requirements in effect at the time.
    4. The NRC concluded that Mr. Johns' agreement to not seek 
employment requiring his participation in NRC-regulated activities 
until after July 15, 2008, and his agreement to provide the NRC a 
letter explaining the steps he has taken to ensure he understands the 
NRC's reporting requirements in effect at the time, is sufficient to 
address all Agency concerns regarding his involvement in the matter 
discussed in the NRC's letter dated May 30, 2007.
    5. In consideration of the above, the NRC agreed to forego issuance 
of a Notice of Violation or other enforcement action in this matter.
    6. The NRC and Mr. Johns agreed that the above elements will be 
incorporated into a Confirmatory Order.
    7. Mr. Johns agreed to waive the right to request a hearing 
regarding all or any part of the Confirmatory Order.

IV

    Because Mr. Johns has agreed to take actions to address the NRC's 
concerns, as set forth in Section III above, the NRC has concluded that 
its concerns can be resolved through issuance of this Order.
    I find that Mr. Johns' commitments set forth in Section V below are 
acceptable and necessary, and I conclude that with these commitments 
the public health and safety are reasonably assured. In view of the 
foregoing, I have determined that public health and safety require that 
Mr. Johns' commitments be confirmed by this Order. Based on the above 
and Mr. Johns' consent, this Order is immediately effective upon 
issuance.

V

    Accordingly, pursuant to Sections 104, 161b, 161i, 161o, and 186 of 
the Atomic Energy Act of 1954, as amended, the Commission's regulations 
in 10 CFR 2.202 and 10 CFR Part 50, It is hereby ordered, effective 
immediately, that:
    1. Mr. Johns will not seek employment requiring his participation 
in NRC-regulated activities before July 15, 2008.
    2. Prior to seeking future employment in NRC-regulated activities, 
Mr. Johns will submit to the NRC a letter explaining the steps he has 
taken to ensure he understands the NRC's security reporting 
requirements in effect at the time.
    The Regional Administrator, NRC Region II, may relax or rescind, in 
writing, any of the above conditions upon a showing by Mr. Johns of 
good cause.

VI

    Any person adversely affected by this Confirmatory Order, other 
than Mr. William Johns, 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, DC 20555-0001, and 
include a statement of good cause for the extension. Any request for a 
hearing shall be submitted to the Secretary, U.S.

[[Page 5882]]

Nuclear Regulatory Commission, ATTN: Chief, Rulemakings and 
Adjudications Staff, Washington, DC 20555-0001. Copies of the hearing 
request shall also 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., Suite 23T85, Atlanta, GA 30303-8931; and to Mr. 
William Johns. Because of the possible 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#d7bfb2b6a5beb9b0b3b8b4bcb2a397b9a5b4f9b0b8a1"><span class="__cf_email__" data-cfemail="157d7074677c7b72717a767e7061557b67763b727a63">[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 <a href="/cdn-cgi/l/email-protection#eba4aca8a68a8287a88e859f8e99ab859988c58c849d"><span class="__cf_email__" data-cfemail="9ed1d9ddd3fff7f2ddfbf0eafbecdef0ecfdb0f9f1e8">[email protected]</span></a>. If a person other than Mr. Johns 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 2.309(d) and (f).
    If a hearing is requested by 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 Confirmatory Order should be 
sustained.
    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 this 22nd day of January 2008.

    For the Nuclear Regulatory Commission.
Victor M. McCree,
Acting Regional Administrator.
[FR Doc. E8-1795 Filed 1-30-08; 8:45 am]
BILLING CODE 7590-01-P


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