[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]
-----------------------------------------------------------------------
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]
BILLING CODE 7590-01-P
