[Federal Register Volume 62, Number 129 (Monday, July 7, 1997)]
[Notices]
[Pages 36318-36319]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-17614]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[IA 97-050]
In the Matter of Mr. Lonnie Randall Wilson; Order Prohibiting
Involvement in NRC-Licensed Activities (Effective Immediately)
I
Mr. Lonnie Randall Wilson, a contract insulator, was employed at
American Electric Power Company's (Licensee) D.C. Cook Nuclear Plant
facility. The Licensee is the holder of License Numbers DPR-58 and DPR-
74, issued by the Nuclear Regulatory Commission (NRC) on October 25,
1974, and December 23, 1977, respectively. These licenses authorize the
operation of D.C. Cook Nuclear Plant Units 1 and 2 in accordance with
the conditions specified therein. The facility is located on the
Licensee's site in Bridgman, Michigan.
II
In accordance with 10 CFR 73.56, nuclear power plant licensees must
conduct access authorization programs for individuals seeking
unescorted access to protected and vital areas of the plant with the
objective of providing 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 which, at a minimum, verifies a person's true identity,
verifies an individual's character and reputation, and develops
information concerning an individual's employment and criminal
histories. The decision to grant unescorted access authorization must
be based on the licensee's review and evaluation of all pertinent
information.
In order to be certified for unescorted access at the D.C. Cook
Nuclear Plant as a contractor employee, Mr. Wilson completed a security
background screening questionnaire on December 11, 1993 and answered
``no'' to questions regarding whether he had ever tested positive for
drugs or ever been removed or denied access to a nuclear power plant.
Contrary to this response, on July 23, 1991, Mr. Wilson had been denied
access to the Turkey Point Nuclear Station for testing positive for
illegal drugs. In addition, Mr. Wilson gained unescorted access to the
James A. Fitzpatrick Nuclear Power Plant by falsifying his New York
Power Authority (NYPA) Personal History Questionnaire for Unescorted
Access, dated January 7, 1992.
By deliberately falsifying information on his background
questionnaire to gain unescorted access to the D.C. Cook Nuclear Plant,
Mr. Wilson was granted unescorted access during the periods February
11, 1994, through April 22, 1994, and September 19, 1994, through
November 11, 1994. On November 16, 1994, Mr. Wilson returned to the
Fitzpatrick Plant and again applied for access. Mr. Wilson deliberately
falsified information on his NYPA Personal History Questionnaire for
Unescorted Access dated November 16, 1994 in order to again be granted
unescorted access at this plant. During the review process, Fitzpatrick
security discovered that Mr. Wilson had tested positive for drug use at
Turkey Point, and that Florida Power and Light Company had denied him
unescorted access at that plant. When Mr. Wilson was interviewed on
November 18, 1994 by the Access Control Coordinator at Fitzpatrick, in
reference to his background investigation, Mr. Wilson commented to the
Access Control Coordinator that ``it took three plants to finally catch
him, he's made 30-40,000 dollars by lying and would do it again, I'm
not the only one doing this.'' Although Mr. Wilson later denied making
the statement that he would falsify access forms in the future to gain
unescorted access to nuclear power plants, the Access Control
Coordinator at Fitzpatrick documented, by an undated memorandum, that
Mr. Wilson informed him that Mr. Wilson would lie again to gain
unescorted access to nuclear power plants.
Mr. Wilson was prosecuted in the Western Judicial District of
Michigan for making false statements on his access application at the
D.C. Cook Nuclear Plant. On March 10, 1997, Mr. Wilson was sentenced by
Judge Robert H. Bell, U.S. District Court in Grand Rapids, Michigan to
a 2-year probation, a $2,000 fine, and other penalties for making false
statements on his access application at D.C. Cook.
III
Based on the above, the NRC has concluded that Mr. Wilson engaged
in deliberate misconduct by falsifying information contained in a
background questionnaire by not stating that he failed a fitness-for-
duty drug test and that he had been denied access to the Turkey Point
Nuclear Power Station in July 1991. This falsified information was
relied upon, in part, in granting Mr. Wilson unescorted access to the
D.C. Cook Nuclear Plant facility on two separate occasions in 1994, and
at the Fitzpatrick Plant prior to 1994. Mr. Wilson's actions constitute
a violation of 10 CFR 50.5(a)(2), which prohibits an individual from
deliberately providing information to a licensee or contractor that the
individual knows is inaccurate or incomplete in some respect material
to the NRC. The information that Mr. Wilson provided regarding his
background information was material because, as indicated above,
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, its contractors, and
the Licensee and contractor employees to comply with NRC requirements,
including the requirement to provide information that is complete and
accurate in all material respects. Mr. Wilson's actions in deliberately
[[Page 36319]]
providing false information to the Licensee constitute deliberate
violations of Commission regulations, and his doing so on multiple
occasions raise 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 in the future. Mr.
Wilson's conduct raises doubt about his trustworthiness and
reliability.
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. Wilson were permitted at this time to be
involved in NRC-licensed activities. Therefore, the public health,
safety and interest require that Mr. Wilson be prohibited from any
involvement in NRC-licensed activities for a period of five years from
the date of this Order. In addition, if Mr. Wilson is currently
involved with another licensee in NRC-licensed activities, Mr. Wilson
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. Wilson is required to
notify the NRC of his employment in NRC-licensed activities for a
period of five years following the prohibition period. Furthermore,
pursuant to 10 CFR 2.202, I find that the significance of Mr. Wilson's
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, 161b, 161c, 161i, 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:
1. Mr. Lonnie Randall Wilson is prohibited from engaging in
activities licensed by the NRC for five years from the date of this
Order. For the purposes of this Order, 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. For a period of five years after the five year period of
prohibition has expired, Mr. Wilson shall, within 20 days of his
acceptance of each employment offer involving 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, 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 the NRC-licensed
activities. In the first notification, Mr. Wilson shall include a
statement of his commitment to compliance with regulatory requirements
and the basis why the Commission shall have confidence that he will now
comply with applicable NRC requirements.
The Director, Office of Enforcement, may, in writing, relax or
rescind any of the above conditions upon demonstration by Mr. Wilson of
good cause.
V
In accordance with 10 CFR 2.202, Mr. Wilson 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. Wilson 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, Rulemakings and Adjudications, 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, Region III, U. S. Nuclear
Regulatory Commission, 801 Warrenville Road, Lisle, Illinois 60532-
4351, and to Mr. Wilson, if the answer or hearing request is by a
person other than Mr. Wilson. If a person other than Mr. Wilson
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. Wilson 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. Wilson may, in addition to
demanding a hearing, at the time that 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 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 a Hearing
Shall Not Stay the Immediate Effectiveness of this Order.
Dated at Rockville, Maryland this 27th day of June 1997.
For the Nuclear Regulatory Commission.
James Lieberman,
Director, Office of Enforcement.
[FR Doc. 97-17614 Filed 7-3-97; 8:45 am]
BILLING CODE 7590-01-P