ML13336A523

Cover Letter Prohibiting Involvement in NRC-Licensed Activities (IA-12-045)

ML13336A523
Person / Time
Site:	Summer
Issue date:	03/10/2014
From:	Zimmerman R NRC/OE
To:	Cooley M - No Known Affiliation
Furst D
Shared Package
ML13336A423	List: ML13336A523 ML13336A547 ML14069A419
References
2-2011-032, IA-12-045
Download: ML13336A523 (4)

Text

March 10, 2014 IA-12-045 Mr. Michael P. Cooley

[HOME ADDRESS DELETED UNDER 10 CFR 2.390]

SUBJECT:

ORDER PROHIBITING INVOLVEMENT IN NRC-LICENSED ACTIVITIES (NRC OFFICE OF INVESTIGATIONS REPORT 2-2011-032)

Dear Mr. Cooley:

The U.S. Nuclear Regulatory Commission (NRC) is issuing the enclosed Order because of our determination that you, as a former Environmental Health and Safety Specialist, Shaw, Stone &

Webster (Shaw) at South Carolina Electric & Gas Companys Virgil C. Summer Nuclear Station (licensee), engaged in activity that resulted in a violation of the requirements of Title 10 of the Code of Federal Regulations at 10 CFR 73.56(d) and (o). These regulations, in relevant part, state that an individual applying for unescorted access authorization (UAA) shall disclose the personal history information required by the licensees access authorization program, including information necessary for the reviewing official to determine the individuals trustworthiness and reliability. On August 26, 2010, you submitted a signed Personnel History Questionnaire (PHQ) to the Licensees access authorization staff as part of your application for UAA. You deliberately failed to report an arrest for arson in the PHQ. This criminal history information was necessary for access staff to consider in making determinations regarding your trustworthiness and reliability.

In addition, you deliberately submitted information to the licensee you knew to be incomplete or inaccurate, in violation of the requirements of 10 CFR 50.5(a)(2). Specifically, to support your assertion that arson charges against you had been dismissed, you submitted a forged document dated September 14, 2010, that falsely stated arson charges against you had been dismissed by a Mississippi county court. However, at the time you submitted this document the arson charges against you were pending. This information was material because the NRC found that it is necessary for a licensees determination that persons applying for UAA are trustworthy and reliable, and do not constitute an unreasonable risk to public health and safety, or the common defense and security, including the potential to commit radiological sabotage.

These instances of deliberate misconduct put the Licensee in violation of NRC regulations at 10 CFR 73.56 and 10 CFR 50.9.

The NRC must be able to rely on the integrity and trustworthiness of licensees, licensee employees, and contractors. Your circumvention of the UAA process by providing false statements in your PHQ and through the preparation and submission of a fabricated court document led the NRC to find that it lacks the requisite assurance that you are willing and able to comply with NRC requirements.

M. Cooley 2 For this reason, the NRC has determined that you should be prohibited from engaging in all NRC-licensed activities for a period of 5 years. Consequently, this Order prohibiting your involvement in NRC-licensed activities shall be effective 30 days from the date of issuance and shall remain in effect for 5 years. For the duration of the Order, you will be prohibited from engaging in NRC-licensed activities, whether conducted pursuant to a specific or general license issued by the NRC.Section IV of this Order stipulates the prohibited activities.

Pursuant to Section 223 of the Atomic Energy Act of 1954, as amended, any person who willfully violates, attempts to violate, or conspires to violate, any provision of this Order shall be subject to criminal prosecution as set forth in that section. Violation of this Order may also subject the person to a civil monetary penalty.

You are not required to respond to the enclosed Order, however, if you choose to respond, a response is required within 30 days of its issuance date and you should follow the instructions specified in the enclosed Order when preparing your response. If you have additional information that you believe the NRC should consider, you may provide it in your response to the Order. The NRC will use your response, in part, to determine whether further enforcement action is necessary to ensure compliance with regulatory requirements. To the extent possible, your response should not include any personal privacy, proprietary, or safeguards information so that it can be made available to the public without redaction. The NRC also includes significant enforcement actions on its Web site at http://www.nrc.gov/aboutnrc/regulatory/enforcement.html.

In accordance with 10 CFR 2.390 of the NRC's "Rules of Practice," a copy of this letter, and its Enclosure, will be made available electronically for public inspection in the NRCs Public Document Room, or from the NRCs Agencywide Documents Access and Management System (ADAMS), accessible from the NRCs Web site at http://www.nrc.gov/reading-rm/adams.html.

Because this letter references and encloses information related to an enforcement action against an individual, the letter and its Enclosure will be maintained by the Office of Enforcement in an NRC Privacy Act system of records, NRC-3, Enforcement Actions against Individuals. The NRC-3 system notice, which provides detailed information about this system of records, can be accessed from the NRCs Web site at http://www.nrc.gov/reading-rm/foia/privacy-systems.html.

In lieu of providing a response to the Order, you may request Alternative Dispute Resolution (ADR) with the NRC in an attempt to resolve this issue. This request must be made within 30 days of the issuance date of the Order. Alternative dispute resolution is a general term encompassing various techniques for resolving conflict outside of court using a neutral third party. The technique that the NRC has decided to employ is mediation. Additional information concerning the NRCs program is described in the enclosed brochure (NUREG/BR-0317) and can be obtained at http://www.nrc.gov/about-nrc/regulatory/enforcement/adr.html. The Institute on Conflict Resolution at Cornell University has agreed to facilitate NRCs program as an intake neutral.

Please contact the Institute on Conflict Resolution at (877) 733-9415 within 30 days of the date of this letter if you are interested in pursuing resolution of this issue through the Alternative Dispute Resolution program.

M. Cooley 3 Questions concerning this Order should be addressed to David Furst, Senior Enforcement Specialist, Enforcement Branch, who can be reached at (301) 415-7634.

Sincerely,

/RA/

Roy P. Zimmerman, Director Office of Enforcement

Enclosures:

1. Order Prohibiting Involvement in NRC-Licensed Activities

2. NUREG/BR-0317, Revision 1, Alternative Dispute Resolution

M. Cooley 3 Questions concerning this Order should be addressed to David Furst, Senior Enforcement Specialist, Enforcement Branch, who can be reached at (301) 415-7634.

Sincerely,

/RA/

Roy P. Zimmerman, Director Office of Enforcement

Enclosures:

1. Order Prohibiting Involvement in NRC-Licensed Activities

2. NUREG/BR-0317, Revision 1, Alternative Dispute Resolution DISTRIBUTION:

M. Satorius, EDO C. Scott, OGC M. Weber, OEDO D. Decker, OCA D. Rich, OEDO V. McCree, RII R. Zimmerman, OE L. Wert, RII E. Julian, SECY T. Reis, RII B. Keeling, OCA T. Hoeg, RII Enforcement Coordinators, RI, RIII, RIV S. Sparks, RII H. Harrington, OPA C. Evans, RII C. McCrary, OI L. Douglas, RII H. Bell, OIG B. Desai, RII E. Leeds, NRR K. Davis, RII M. Layton, NSIR J. Shehee, RII C.Sanders, NRR R. Rzepka, RII P. Milano, NRR OEMAIL S. Coker, NSIR RIDSNRRDIRS D. Furst, OE PUBLIC ADAMS Package Accession No.: ML13336A423; Cover Letter: ML14069A419 Order: ML14069A419 OFFICE RII:EICS OE/EB OE/EB/BC NSIR/DSO/DD OGC OE NAME CEvans DFurst NHilton MLayton PJehle RZimmerman DATE 1/16 /14 2/5/14 2/24/14 2/20/14 11/26/13 3/10/14 OFFICIA RECORD COPY