ML20141K366

Forwards Order Prohibiting Involvement in NRC-licensed Activities Being Issued as Consequence of Deliberately Providing False Info on Applications Made for Access Authorization at Utility for Period of Five Years

ML20141K366
Person / Time
Site:	Dresden
Issue date:	05/27/1997
From:	Jordan E NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Baudino D AFFILIATION NOT ASSIGNED
Shared Package
ML20141K369	List: ML20141K366 ML20141K380
References
IA-97-032, IA-97-32, NUDOCS 9705290051
Download: ML20141K366 (3)

Text

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UNITED STATES jp1 j

NUCLEAR REGULATORY COMMISSION 2

WASHINGTON, D.C. Jo666 4001

(-****+/

May 27, IM7 IA 97-032 Mr. Daniel R. Baudino HOME ADDRESS DELETED

.UNDER 2.790

SUBJECT:

ORDER PR0HIBITING INVOLVEMENT IN'NRC-LICENSED ACTIVITIES (EFFECTIVE IMMEDIATELY)'(0I REPORT NO. 3-96-008)

The enclosed Order Prohibiting Involvement in NRC-Licensed ~ Activities is being 1

issued as a consequence of your deliberately providing false information on applications you made for access authorization at the Commonwealth Edison Company's (licensee) Dresden Nuclear Station.

The Order prohibits your involvement in NRC-licensed activities for a period _of.five years.

Specifically, you falsely indicated on forms entitled " Personal History Questionnaire for Unescorted Access" dated August 21, 1990, August 5, 1991, January 16, 1992, and October 5,c1992, that you had.not been arrected and/or convicted of any criminal offense when, in fact,' ' ou had been arrested and y

convicted of multiple misdemeanors'as of.these dates.

-The false information that you submitted on your personal history questionnaires dated January 16, 1992, and October 5, 1992, caused you to be in violation of 10 CFR 50.5 (Deliberate Misconduct).

Specifically, 10 CFR 50.5(a)(2) provides, in part, that any employee of a contractor may not deliberately submit to a licensee or a licensee's contractor information that the person submitting the information knows to be incomplete or inaccurate in some respect material to the NRC. The false information that you submitted was material because licensees are required to consider criminal history in making a determination as to whether to grant you unescorted access in accordance with 10 CFR 73.56.

While you deliberately made the same false statements on your personal history questionnaires of-August 21, 1990 and August 5, 1991, those instances are not being cited in the enclosed Order because they occurred prior to September 16, 1991, the date that 10 CFR 50.5 became effective.

Pursuant to Section 223 of the Atomic Energy Act of 1954, as amended, 42 U.S.C. 2273, any person who willfully violates, attempts to violate, or con 3pires 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 civil monetary penalty.

Questions concerning the Order may be addressed to James Lieberman, Director, Office of Enforcement. Mr. Lieberman can be reached at telephone number (301) 2G0029 MO[

415-2741.

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Daniel R. Baudino In accordance with 10 CFR 2.790 of the NRC's " Rules of Practice", a copy of this letter and the enclosure with your home address removed will be placed in the NRC's Public Document Room.

Sincerely, d. h{ ~

Deputy ecutive Director for gulatory Effectiveness

Enclosure:

Order Prohibiting Involvement in NRC-Licensed Activities (Effective Immediately) f l

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