ML20217J652

Demand for Info Re NRC Question Re Arrest Info Supplied to OPPD in Mar 1993 for Unescorted Access to Plant

ML20217J652
Person / Time
Site:	Fort Calhoun
Issue date:	07/22/1997
From:	Lieberman J NRC OFFICE OF ENFORCEMENT (OE)
To:
Shared Package
ML20217J650	List: ML20217J645 ML20217J652
References
IA-97-057, IA-97-57, NUDOCS 9708140404
Download: ML20217J652 (6)

Text

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o UNITED STATES NUCLEAR REGULATORY COMMISSION in the Matter of )

) IA 97 057 Finis Scott Bandy )  ;

)

DEMAND FOR INFORMATION I

Finis Scott Bandy was employed by Omaha Public Power District (OPPD) as an

- instrumentation and control (I&C) technician at OPPD's Fort Calhoun Station nuclear power plant, Blair, Nebraska. OPPD holds license No. DPR 40, issued August 9,1973, 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 specified therein.

4 11 In August 1996, the NRC inspected access authorization files during an NRC security inspection at Fort Calhoun Station. The NRC raised a question about arrest information that Mr. Bandy had supplied to OPPD in March 1993 when he applied for unescorted access to the plant. The information in question pertained to whether Mr. Bandy had been arrested for theft, as certain documents in his file appeared to indicate, or had been arrested for excessive speed, as Mr. Bandy claimed. As a result of NRC's questions, OPPD ngreed to interview Mr. Bandy in the presence of the NRC inspector.

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During the interview, Mr. Bandy denied that he had been arrested for theft and asserted.

that the only charge he was' aware of involved excessive speed.

Based on further questions about the accuracy of Mr. Bandy's statements and the information provided by him, Mr. Bandy's unescorted access to FCS was temporarily ,

t 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: 1) that the only charge brought against Mr. Bandy in 1991 was a charge of theft of personal property; 2) that court records provided to OPPD by Mr. Bandy had been altered to make it appear that the charge had been for speeding; and 3) that Mr. Bandy made false statements when questioned about his criminal history 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 in 1993 and provided false information to an NRC inspector when questioned about this in August 1996.

i Based on the above, it appears that Finis Scott Bandy, a former employee of OPPD, engaged in deliberate misconduct as defined by 10 CFR 50.5 by deliberately providing

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false information of a material nature to a licensee and to the NRC. The information

- which was false is material because it is required by NRC regulations (i.e.,10 CFR-

, 73.57) to be reviewed in determining whether an individual should be granted unescorted

3-access to a nuclear power plant Mr. Bandy's conduct raises serious doubts as to whether he can be relied upon to comply with NRC requirements and to provide complete and accurate information to licensees and to the NRC in the future.

1 III Accordingly, pursuant to sections 161c and 161o of the Atomic Energy Act of 1954, as amended, and the Commission's regulations in 10 CFR 2.204, the Commission needs the following information to determine whether enforcement action should be taken against you to ensure future compliance with NRC requirements:

A. Information as to why the NRC should not conclude that you engaged in deliberate misconduct as defined by 10 CFR 50.5; and B. Information as to why, if the NRC does conclude that you engaged in deliberate misconduct, the NRC should not take action to prohibit your involvement in NRC licensed activities, and other action as appropriate, in accordance with the

" General Statement of Policy and Procedure for NRC Enforcement Actions,"

NUREG 1600.

. 4 You may provide c.ny other information that you want the NRC to consider, including i

whether the statements made in Section 11 are correct. The information is to be l submitted to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, 4

Washington, D.C. 20555, within 30 days of the date of this Demand for Information, and  !

l must be in writing and under oath or affirmation. I 1

.l 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 i 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 IV,611 Ryan Plaza I

Drive, Suite 400, Arlington, Texas 76011.

Upon review of your answer, or if no answer is filed, the Commission may institute a proceeding pursuant to 10 CFR 2.202 or take such other action as may be necessary to ensure compliance with regulatory requirements. Your response to the Demand for J

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5-Information will be considered before a decision is made in this matter. However, if no answer is filed, we will proceed on the basis of available information, j i

i FOR THE NUCLEAR REGULATORY COMMISSION p Me ames Lieberman, Director ffice of Enforcement Dated at Rockville, Maryland this;ydlay of July 1997 t

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l Mr. Finis Scott Bandy .

bec w/ Enclosure 1:

lPDR IE 14 LPDR NUDOCS SECY EC's: RI, RII, Rill CA- PA (0 2G4)

EDO (017G21) 01G (T-5D28)

DEDO (017G21) OE (0 7115)

OE:EAFile (0-7115) 01 (0 3E4)

OGC (015B18) OGC (015B18)

NRR (0-12G18) NRR/ADP (012G18)

NRR/PSGB (011E22) OC/DAF (T 9E10)

OC/LFDCB (T-9E10) AEOD (T-4D18)

RA Reading File GSanborn EAFile RWise Allegation File RIV Files MIS Coordinator LWilliamson, 01 RIV Files BMurray E-MAIL DISTRIBUTION:

OEMAIL

, JDyer (JED2)

WBrown (WLB)

GSanborn (GFS) GMVasquez (GMV)

Blienderson (BWH) Milammond (MFH2)

Cilackney (Call) DKunihiro (DMK1)

Art 110well (ATil) DChamberlain (DDC)

KPerkins (KEP) WJohnson (WDJ)

BMurray (BXM) - BEarnest (ABE)

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