[Federal Register Volume 62, Number 125 (Monday, June 30, 1997)]
[Notices]
[Pages 35236-35237]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-16995]
[[Page 35236]]
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NUCLEAR REGULATORY COMMISSION
[IA 97-049]
Jeffrey Lee Barnhart, (a.k.a. Gregory Kenneth Barnhart); Order
Prohibiting Involvement in NRC-Licensed Activities (Effective
Immediately)
I
Mr. Jeffrey Lee Barnhart was a contract employee at Northern States
Power Company's (Licensee or NSP) Prairie Island Nuclear Generating
Plant (PINGP), working under temporary unescorted access authorization.
NSP holds Facility Licenses No. DPR-42 and DPR-60, which were issued by
the Nuclear Regulatory Commission (NRC or Commission) pursuant to 10
CFR part 50 on August 9, 1973, and October 29, 1974, respectively.
These licenses authorize the operation of PINGP in accordance with the
conditions specified therein. The facility is located on the Licensee's
site in Minnesota.
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. Pursuant to
10 CFR 73.56, the unescorted access authorization program must include,
at a minimum, verification of an individual's true identity,
verification of an individual's character and reputation, and
development of information concerning an individual's criminal history;
and 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 PINGP, as a
contractor employee, Mr. Barnhart completed the security background
questionnaire under the assumed name of his deceased brother, Mr.
Gregory Kenneth Barnhart, on December 7, 1995. In February 1996, NSP
received information concerning Mr. Barnhart's deception before Mr.
Barnhart's full background investigation had been completed. A
subsequent NSP record review found that Mr. Barnhart's true identity
was Jeffrey Lee Barnhart and that he had submitted falsified documents
in his request for access authorization. NSP interviewed Mr. Barnhart
and determined that he had obtained a driver's license under the
assumed name and had been using a false identity for several years.
Additionally, Mr. Barnhart admitted that, contrary to his responses on
the Security Questionnaire, he had used and was once cited for
possession of marijuana. Based on this information, NSP denied Mr.
Barnhart's access on February 8, 1996.
An investigative report was prepared by the NSP security department
regarding the falsification of the licensee's access authorization
documents. The report was reviewed during an investigation conducted by
the NRC Office of Investigations (OI), which was initiated on February
3, 1997. The OI investigation concluded that Mr. Barnhart had
deliberately falsified his application for unescorted access, and was
working under the assumed name of his deceased brother.
On April 24, 1997, a Demand for Information (DFI) was issued to Mr.
Barnhart pursuant to 10 CFR 2.204 to determine whether enforcement
action should be taken against him to ensure future compliance with NRC
requirements. The DFI requested that Mr. Barnhart submit information by
May 24, 1997, describing why the NRC should have confidence that he
would provide complete and accurate information to NRC licensees and
the Commission in the future. Mr. Barnhart did not respond to the DFI.
III
Based on the above, the NRC has concluded that Mr. Barnhart engaged
in deliberate misconduct by deliberately assuming the identity of his
deceased brother on his personal history questionnaire and misinforming
the licensee as to his history of drug use and conviction for
possession of marijuana. Mr. Barnhart'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. Barnhart 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
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. Barnhart's actions in
deliberately providing false information to the Licensee constitute
deliberate violations of Commission regulations, and his conduct raises
serious doubt about his trustworthiness and reliability and 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.
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. Barnhart were permitted at this time to be
involved in NRC-licensed activities. Therefore, the public health,
safety and interest require that Mr. Barnhart be prohibited from any
involvement in NRC-licensed activities for a period of five years from
the date of this order. If Mr. Barnhart is currently involved with
another licensee in NRC-licensed activities, Mr. Barnhart 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. Barnhart 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.
Barnhart'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. Jeffrey Lee Barnhart, a.k.a. Mr. Gregory Kenneth Barnhart,
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. Barnhart 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,
[[Page 35237]]
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. Barnhart shall include a statement of his commitment to comply with
NRC regulatory requirements and the basis for the Commission to have
confidence that he will now comply with applicable NRC requirements.
The Director, OE, may, in writing, relax or rescind any of the
above conditions upon demonstration by Mr. Barnhart of good cause.
V
In accordance with 10 CFR 2.202, Mr. Barnhart 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. Barnhart
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. Barnhart, if the answer or hearing request is by a
person other than Mr. Barnhart. If a person other than Mr. Barnhart
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. Barnhart 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. Barnhart 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 23rd day of June 1997.
For the Nuclear Regulatory Commission.
James Lieberman,
Director, Office of Enforcement.
[FR Doc. 97-16995 Filed 6-27-97; 8:45 am]
BILLING CODE 7590-01-P
