ML20199E294

Order Prohibiting Involvement in NRC Licensed Activities (Effectively Immediately).Fs Bandy Prohibited from Involvement in Activities Licensed by NRC for Period of 5 Yrs

ML20199E294
Person / Time
Site:	Fort Calhoun
Issue date:	11/19/1997
From:	Lieberman J NRC OFFICE OF ENFORCEMENT (OE)
To:	AFFILIATION NOT ASSIGNED
Shared Package
ML20199E291	List: ML20199E288 ML20199E294
References
IA-97-087, IA-97-87, NUDOCS 9711210156
Download: ML20199E294 (9)

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i UNITED STATES  !

NUCLEAR REGULATORY COMMISSION  ;

In the Matter of - )  !

-) 1A 97-087 l Finis Scott Bandy )  :

)  ;

l ORDER PROHIBITING INVOLVEMENT IN NRC-LICENSED ACTIVITIES (EFFECTIVE IMMEDIATELY)  :

... I Finis Scott Bandy was forrnerfy employed by Omaha Public Power District (OPPD) as an instrumentation and control technician at OPPD's Fort Calhoun Ctition nuclear power plant Blair, Nebraska. OPPD holds license No. DPR 40, issued August 9,1973, i

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 specifiwd therein. -

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, in August 1996, the NRC inspected access authorization files during an NRC security inspection at FCS. The NRC reised a question about arrest information that Mr. Bandy ,

had supplied to OPPD during the course of 1993, in oc, wetion with his application for unoscorted access to the plant. The information in question pertained to whether Mr.-

l L  : Bandy had been arrested for theft of personal property, as certain documents in his file i

1 9711210156 971119 PDR H ADOCK 05000295 pg -

appeared to indicate, or had been arrested for excessive speed while driving, as Mr.

Bandy claimsd. 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 Laen 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 piovided 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 hii. tory 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 faise 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 l

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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 actMties, 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 contant to a confirmatory order prohibiting his involvement in NRC-licensed actMties for five years. Mr. Bandy failed to respond to ,

l this letter or to NRC efforts to contact him.

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Based on the above, the NRC has concluded that Mr. Bandy engaged in deliberate misconduct in 1993 and in August 1906, 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 i

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4 material because licensees are required to consider such information in making unescorted access determinations in scoordance with the requirements of 10 CFR 73.66.

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 securate 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 requirwments and to provide complete and accurate information to NRC licensees in the future.

Coinequently, I lack the requisite reasonable assurance that licensed activities can be conducted in comp' lance 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 involvsment in NRC-licensed activities for a period of five years from the dato 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

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- 5-interest require that this Order be effective immediately. l l

IV Accordingly, pursuant to Sections 103,161b,1611,161o,182 and 186 of the Atomic Energy Act of 1954, as amended, and the Commission's regulations ir.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 6 period of 5 years. NRC-licensed activities are those that are conducted pursuant to a spocific or general license issued by the NRC, including, but nM 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 telep hone number of the empicyer, 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

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. 6-in NRC-liconeed activiiles, 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 orpployer or entity where he will be involved in licensed activities.

The Director, Omoe 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, Omco 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, specifmally 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 I

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i the reasons es to why the Order should not have been issued.- Any answer or request I for a hearing shall be submitted to the Secretary, U.S. Nuclear Regulatory i Commission, ATTN: Chief, Docketing and Service Section, Washington, D.C. 20555.

Copies also shall be sent to the Director, Omos 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, Mington, 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 willissue 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 shouki be sustained.

d 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 omoor 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 more suspicion, unfounded allegations, or error, f

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8 In the absence of any request for a hearing, or written approval of an extension of tirne in which to request a hearing, the provisioni 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 specifed  !

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.

FOR THE NUCLEAR REGULATORY COMMISSION p Nw = ~

ames Lieberman, Director Office of Enforcement Dated a Rockville, Maryland thisf[ . ay of November 1997

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, Mr. Finis Scott Bandy

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