ML20148R245

Demand for Info Re Jl Barnhart Contract Employee at NSP, Working Under Temporary Unescorted Access Authorization. NRC Needs Info to Determine Whether Enforcement Action Should Be Taken to Ensure Future Compliance W/Requirements

ML20148R245
Person / Time
Site:	Prairie Island
Issue date:	04/24/1997
From:	Jordan E NRC (Affiliation Not Assigned)
To:
Shared Package
ML20148R170	List: ML20148R245
References
IA-97-022, IA-97-22, NUDOCS 9707070324
Download: ML20148R245 (7)

Text

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UNITED STATES i' NUCLEAR REGULATORY COMMISSION In the Matter of )

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JEFFREY LEE BARNHART ) IA 97-022 aka GREGORY.KENNETH BARNHART )

j DEMAND FOR INFORMATION I

Jeffrey Lee Barnhart was a contract employee at Northern States Power ,

i Company's (NSP) Prairie Island Nuclear Generating Plant (PINGP), working under  !

temporary unescorted access authorization. NSP holds license Nos. DPR-42 and DPR-60 issued by the Nuclear Regulatory Commission (NRC or Commission) pursuant to 10 CFR Part 50 on April 5,1974 and October 29, 1974 respectively.

The license authorizes the operation of PINGP in accordance with the conditions specified therein. The facility is located on the Licensee's site in Minnesota.

II In February 1996, NSP received information that a temporary contract employee

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at PINGP, Jeffrey Lee Barnhart, could be working at the plant under the assumed name of his deceased brother, Gregory Kenneth Barnhart. NSP discovered this information before Mr. Barnhart's full background investigation had been completed. A subsequent NSP record review found that P

Mr. Barnhart's true identity was Jeffrey Lee Barnhart and that he had submitted falsified documents.in his req' Jest for access authorization. NSP interviewed Mr. Barnhart and determined tt.3t 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 response on 9707070324 970424 PDR ADOCK 05000282 F PDR

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, the NSP Nuclear Security Questionnaire, he had.used and was once cited for possession of marijuana. Based on this information, NSP denied Barnhart's access on February 8, 1996.

Based upon the above, it appears that Mr. Barnhart engaged in deliberate misconduct by falsifying information on his NSP Nuclear Security Questionnaire and working under the assumed name of his deceased brother. Mr. Barnhart's deliberate misconduct was in violation of 10 CFR 50.5(a)(2), in that he provided to the facility licensee information that he knew to be inaccurate in.

some respect material to the NRC, specifically, a false identity, and false C

information regarding use and citation for possession of marijuana. Mr.

Barnhart's actions also constitute a violation of 10 CFR 50.5(a)(1) in that he deliberately provided false information on his. security questionnaire which, but for detection, would have caused the Licensee to be in violation of 10 CFR 50.9(a). This raises serious doubts as to whether Mr. Barnhart can be relied upon to comply with NRC requirements and to provide complete and accurate information to the NRC and its licensees. Therefore, further information is needed to determine whether the Commission can have reasonable assurance that in the future Mr. Barnhart will meet NRC requirements to provide complete and accurate information to NRC licensees and the Commission, and otherwise conduct his activities in accordance with the Commission's requirements.

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III Accordingly, pursuant to sections 161c, 1610, 182 and 186 of the Atomic Energy Act of 1954, as amended, and the Commission's regulations in 10 CFR 2.204, the

Comission needs the following information to_ determine whether enforcement

! action:should be 'taken against you to ensve future compliance with NRC requirements:

A. Information as to why the NRC should have confidence'that you will

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l provide complete and accurate information to NRC licensees and the -

Comission, and otherwise conduct your activities in accordance with the 4;

[ Comission's requirements.

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i j B. Whether you will agree to a five year prohibitico from engaging in NRC-licensed activities and a five year notice period imediately following the five year period of prohibition. NRC-licensed activities are those activities'that are conducted pursuant to a specific or general license issued by the NRC, including, but not lited to, those activities of Agreement State licensees conducted pursuant to the authority granted by 10 CFR 150.20.

You may provide any information that you want the NRC to considsr, including

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whether the statements made in Section II of this Demand for Information are correct. The information-is to be submitted to the Director, Office of Enforcement, U.S. Nuclear Regulatory Comission, Washington, D.C. 20555, within 30 days of the date of this Demand for Information, in writing and under oath or affirmation.

You may respond to this Demand for Information by filing a written answer under oath or affirmation or by setting forth your reasons why this Demand for

- Information should not have been issued if the requested information is not being provided. Copies also shall be sent to the Assistant General Counsel for Hearings and Enforcement at the same address, and to the Regional Administrator, NRC Region III, 801 Warrenville Road, Lisle, Illinois, 60532-4351.

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If you consent to the issuance of the Order prohibiting you from licensed activities for a period of five years, you are waiving your right to request a I hearing on all or any part of the Order. In addition you must sign the Hearing Waiver (enclosed) indicating that you agree to being prohibited from i licensed activities for a period of five years and that you agree to the five year notification provision to immediately follow the prohibition period. You will be consenting to the issuance of a Confirmatory Order addressing the above requirements. If you assent to the foregoing, return the attached Hearing Waiver within 30 days from the date of this Demand for Information to Mr. James Lieberman, Director, Office of Enforcement, at the above address.

In addition, provide a copy of the Signed Waiver to the Regional Administrator, at the above address. After receiving written consent, the NRC will issue the aforementioned Order.

If you do not consent to the Order, upon review of your answer, or if no answer is filed, the Commission may institute a proceeding pursuant to 10 CFR 2.202 or to take such other action as may be necessary to ensure compliance

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. . . with regulatory requirements. If you do not consent to the Order, your

., response to the Demand for'Information will be co:isidered before a final decision is made in this matter. However, if no answer is filed within 30 days. we will oroceed on the basis of available information.

FOR THE NUCLEAR REGULATORY COMMISSION 2

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S dwar . Jordan Deputy ecutive Director for Regula ry Effectiveness, Program Oversight, Investigations and Enforcement 4 Dated at Rockville, Maryland this day of April, 1997 l

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. . HEARING WAIVER I, Jeffrey Lee Barnhart, aka Gregory Kenneth Barnhart, hereby agree to comply with the commitments described in the NRC's letter dated April XX, 1997, with

the attached Demand for Information, and agree to the incorporation of these commitments into a Confirmatory Order prohibiting my involvement in licensed activities for a period of five years and requiring me to notify the NRC of my engagement in licensed activities for a subsequent five year period. I recognize that by signing below, I consent to the issuance of the above described Confirmatory Order with the commitments described in the NRC letter dated April XX, 1997, and Demand for Information, and, by doing so, pursuant to 10 CFR 2.202(d), I waive the right to request a hearing on all or any part of the Order.

Jeffrey Lee Barnhart Date l

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April 24, 1997

(. Jeffrey Lee Barnhart Distribution w/ encl 1:

• HOLD FOR 45 DAYS AND VERIFY THROUGH THE DIRECTOR, 0FFICE OF ENFORCEMENT, FOR PLACEMENT IN THE PDR. t

• PUBLIC

• SECY l

• CA LJCallan, ED0 HThomspon, DEDR.

EJordan, DED0 l LChandler, OGC JGoldberg, 0GC RZimmerman, NRR Enforcement Coordinators

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! JLieberman, OE 0E:EA File (BSummers) (2 letterhead)  :'

BBonser, OE GCaputo, 01

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-Jeffrey Lee Barnhart I

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RZimmerman, NRR Enforcement Coordinators RI, RII, RIII, RIV JLieberman, OE .

1 OE:EA File (BSummers).(2 letterhead)

BBonser, OE GCaputo,. OI Dross, i'E00 HBell, 0IG RCroteau, NRR l Fhebdon, NRR

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