[Federal Register Volume 63, Number 188 (Tuesday, September 29, 1998)]
[Notices]
[Pages 51964-51966]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-25996]
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NUCLEAR REGULATORY COMMISSION
[IA-98-047]
In the Matter of MR. David Milas; Order Prohibiting Involvement
in NRC-Licensed Activities
I
Mr. David Milas (Mr. Milas) was formerly employed by the
Commonwealth Edison Company (ComEd or Licensee) at the Dresden Nuclear
Station (Dresden or facility) and was an applicant for a reactor
operator's (RO) license at that facility. ComEd is the holder of
License Nos. DPR-19 and DPR-25 issued by the Nuclear
[[Page 51965]]
Regulatory Commission (NRC or Commission) pursuant to 10 CFR Part 50.
These licenses authorize ComEd to operate Dresden Units 2 and 3 in
accordance with the conditions specified therein.
II
On July 1, 1996, officials at Dresden notified the Commission that
the NRC examination for reactor operator licenses, due to be
administered at Dresden on July 8, 1996, appeared to have been
compromised, as portions of that examination had been found in a copy
machine. The NRC Office of Investigations (OI) immediately began an
investigation into this matter. The OI investigation indicated that the
NRC examination was compromised and originally identified only one
individual that was involved, an applicant for an NRC senior reactor
operator's (SRO) licensee. Upon further investigation, OI also
identified Mr. Milas, an applicant for an NRC RO license, as being
directly involved with the compromise of the NRC examination.
The OI investigation found that on June 29, 1996, Mr. Milas and the
SRO license applicant were studying for their respective examinations
in the Dresden Training Building. During that day, they entered the
unlocked office of the Dresden licensing instructors to look for
written evaluations that their instructors had made of them. According
to both individuals, instructors had previously informed their class
that study materials could be found in the instructors' office, and the
instructors had indicated where the keys could be found for locked
cabinets and desks in their office. The two individuals obtained the
necessary keys in the instructors' office, unlocked desks and cabinets,
and found the NRC operator licensing examination. The SRO applicant
photocopied the NRC examination, while Mr. Milas posted himself at a
window to watch for anyone entering the training building.
OI also determined that Mr. Milas returned to the same photocopy
machine on June 30, 1996, and made another copy of the examination from
the copy he had obtained on June 29, 1996.
The OI investigators coordinated the results of their investigation
with the U.S. Attorney, Chicago, Illinois, and Mr. Milas was
subsequently prosecuted for compromising the NRC examination. On May
14, 1998, Mr. Milas pleaded guilty in the United States District Court
for the Northern District of Illinois to a criminal charge involving
the compromise of a written examination for NRC reactor operators'
licenses. As a part of his guilty plea, Mr. Milas agreed to never
reapply for a position as a reactor operator at any facility under the
jurisdiction, administration, or control of the NRC.
III
The NRC must be able to rely on a facility licensee and its
employees to comply with all NRC rules and regulations. Based on the OI
investigation and the criminal conviction, the NRC has concluded that
Mr. Milas violated the NRC's rules prohibiting deliberate misconduct at
nuclear power facilities and the compromise of the integrity of NRC
examinations. Specifically, 10 CFR 50.5(a)(1), ``Deliberate
Misconduct,'' prohibits any employee of an NRC licensee (ComEd) from
engaging in deliberate misconduct that causes or, but for detection
would have caused, a licensee to be in violation of any rule or
regulation issued by the Commission. Additionally, 10 CFR 55.49,
``Integrity of Examinations and Tests,'' provides in part that
applicants for NRC RO and SRO licenses and facility licensees (ComEd)
shall not engage in any activity that compromises the integrity of any
test or examination required by 10 CFR Part 55, ``Operator's
Licenses.'' The NRC has concluded that Mr. Milas'' actions constituted
deliberate misconduct and also constituted a deliberate violation of 10
CFR 55.49. Mr. Milas' deliberate actions have raised serious doubt as
to whether he can be relied upon to comply with NRC requirements and to
refrain from deliberately violating NRC rules and regulations.
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
will be protected if Mr. Milas were permitted at this time to be
involved in NRC-licensed activities. Therefore, the public health,
safety, and interest require that Mr. Milas be prohibited from any
involvement in NRC-licensed activities for a period of five years from
the effective date of this Order. If Mr. Milas is involved with another
licensee in NRC-licensed activities on the effective date of this
Order, 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. Additionally, Mr. Milas is required
to notify the NRC of his first employment in NRC-licensed activities in
the five years following the prohibition period.
IV
Accordingly, pursuant to sections 57, 63, 81, 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, 10 CFR 50.5, and 10 CFR
150.20, It is hereby ordered that:
1. David Milas is prohibited for five years from the effective date
of this Order from engaging in NRC-licensed activities. NRC-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. If Mr. Milas is involved with another licensee in NRC-licensed
activities on the effective date of this Order, 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 a period of five years after the five-year period of
prohibition has expired, Mr. Milas 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, DC 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. Milas shall include a
statement of his commitment to compliance with regulatory requirements
and the basis why the Commission should 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. Milas of
good cause.
V
In accordance with 10 CFR 2.202, David Milas 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
[[Page 51966]]
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. Milas 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, Rulemaking 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 Deputy Assistant General Counsel for
Enforcement at the same address, to the Regional Administrator, NRC
Region III, 801 Warrenville Road, Lisle, IL 60532-4351, and to Mr.
Milas, if the answer or hearing request is by a person other than Mr.
Milas. If a person other than Mr. Milas 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. Milas 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.
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. 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.
Dated at Rockville, Maryland this 18th day of September 1998.
For the Nuclear Regulatory Commission.
William D. Travers,
Deputy Executive Director for Regulatory Effectiveness.
[FR Doc. 98-25996 Filed 9-28-98; 8:45 am]
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