[Federal Register Volume 62, Number 231 (Tuesday, December 2, 1997)]
[Notices]
[Pages 63731-63732]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31521]
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NUCLEAR REGULATORY COMMISSION
[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 NRC-licensed 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.
[[Page 63732]]
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. NRC-licensed 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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