[Federal Register Volume 65, Number 225 (Tuesday, November 21, 2000)]
[Notices]
[Pages 69967-69969]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-29724]
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NUCLEAR REGULATORY COMMISSION
[IA-00-016]
In the Matter of Gail C. VanCleave; Order Prohibiting Involvement
in NRC-Licensed Activities
I
Gail C. VanCleave was employed by Sun Technical, a contractor of
the American Electric Power Company
[[Page 69968]]
(Licensee or AEP) from at least September 16, 1999 and November 18,
1999. Licensee is the holder of Licenses No. DPR-58 and DPR-74, issued
by the Nuclear Regulatory Commission (NRC or Commission) pursuant to 10
CFR part 50 on October 25, 1974, and December 23, 1977, respectively.
The license authorizes the operation of D. C. Cook Nuclear Power Plant
(Cook Plant or facility) in accordance with the conditions specified
therein. The facility is located on the Licensee's site near Bridgeman,
MI.
II
An investigation was conducted between November 22, 1999, and March
23, 2000, by the NRC Office of Investigations (OI) as a result of
information provided to the NRC by the Licensee on November 18, 1999.
The Licensee reported that Gail C. VanCleave, a clerical employee of
Sun Technical at the Cook Plant, had been granted temporary unescorted
access to the Cook Plant based on incomplete and inaccurate information
she provided in her access authorization application on September 6 and
8, 1999. On November 18, 1999, the security department at the Cook
Plant received the criminal history information for Gail C. VanCleave,
which indicated a social security account number different from the one
she provided on September 6 and 8, 1999, which was in fact the social
security account number of her deceased mother. Ms. VanCleave also
failed to provide complete information about previous employment on
September 6 and 8, 1999, in that she failed to identify a previous
employer, a contractor of the United States Department of Energy (DOE).
The incomplete and inaccurate information was material. Ms. Van Cleave
provided an inaccurate social security number in an attempt to conceal
the fact that she had previously been denied unescorted access
authorization by the Cook Plant on January 20, 1999, and that she had
previously been denied unescorted access to the Tennessee Valley
Authority's Watts Bar facility on November 4, 1998, because of a
misdemeanor conviction for theft from the DOE contractor. As a result
of the discovery of Ms. VanCleave's provision of incomplete and
inaccurate information in her application for unescorted access
authorization, the security department terminated her temporary
unescorted access to the Cook Plant on November 18, 1999.\1\
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\1\ She entered the protected area of the Cook Plant five times
from September 17, 1999, to November 18, 1999.
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Based on the OI investigation, we conclude that Gail C. VanCleave
deliberately provided materially inaccurate and incomplete information
to the Cook Plant in order to gain employment at, and unescorted access
to, the facility. Furthermore, Ms. Van Cleave told the OI investigator
that she would do the same thing again if she were to find herself in
the same financial situation.
III
Based on the above, it appears that Gail C. VanCleave, an employee
of a Licensee contractor, engaged in deliberate misconduct in violation
of 10 CFR 50.5 by deliberately providing materially incomplete and
inaccurate information to the Licensee. The NRC must be able to rely on
the Licensee, its employees and the employees of its contractors to
comply with NRC requirements, including the requirement to provide
complete and accurate information and maintain records that are
complete and accurate in all material respects. The actions of Gail C.
VanCleave including both deliberately providing materially incomplete
and inaccurate information to the Licensee and communicating to an NRC
investigator that she would repeat the act have raised serious doubt as
to whether she can be relied upon to comply with NRC requirements and
to provide complete and accurate information to NRC licensees and to
the NRC.
Consequently, I lack the requisite reasonable assurance that
licensed activities can be conducted in compliance with the
Commission's requirements and that the health and safety of the public
will be protected if Gail C. VanCleave was permitted at this time to be
involved in NRC-licensed activities. Therefore, the public health,
safety and interest require that Gail C. VanCleave be prohibited from
any involvement in NRC-licensed activities for a period of three years
from the date of this Order. Additionally, Gail C. VanCleave, for a
period of three years following the prohibition period, is required to
notify the NRC of her employment in NRC-licensed activities.
IV
Accordingly, pursuant to sections 103, 161b, 161i, 182 and 186 of
the Atomic Energy Act of 1954, as amended, and the Commission's
regulations in 10 CFR 2.202, 10 CFR 50.5, and 10 CFR 150.20, It Is
Hereby Ordered That:
1. Gail C. VanCleave is prohibited for three years from the date of
this Order from engaging in NRC-licensed activities. NRC-licensed
activities are those activities that are conducted pursuant to a
specific or general license issued by the NRC, including, but not
limited to, those activities of Agreement State licensees conducted
pursuant to the authority granted by 10 CFR 150.20.
2. If Gail C. VanCleave is currently involved with another licensee
in NRC-licensed activities, she must immediately cease those
activities, and inform the NRC of the name, address and telephone
number of the employer, and provide a copy of this order to the
employer.
3. For a period of three years after the three year period of
prohibition has expired, Gail C. VanCleave shall, within 20 days of her
acceptance of each employment offer involving NRC-licensed activities
or her becoming involved in NRC-licensed activities, as defined in
Paragraph IV.1 above, provide notice to the Director, Office of
Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555,
of the name, address, and telephone number of the employer or the
entity where she is, or will be, involved in the NRC-licensed
activities. In the first notification, Gail C. VanCleave shall include
a statement of her commitment to compliance with regulatory
requirements and the basis why the Commission should have confidence
that she will now comply with applicable NRC requirements.
The Director, NRC Office of Enforcement, may, in writing, relax or
rescind any of the above conditions upon demonstration by Gail C.
VanCleave of good cause.
V
In accordance with 10 CFR 2.202, Gail C. VanCleave must, and any
other person adversely affected by this Order may, submit an answer to
this Order, and may request a hearing on this Order, within 20 days of
the date of this Order. 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, Office of
Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 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, specifically
admit or deny each allegation or charge made in this Order and shall
set forth the matters of fact and law on which Gail C. VanCleave or
other person adversely affected relies and the reasons as to why the
Order should not have been issued. Any answer or request for a hearing
[[Page 69969]]
shall be submitted to the Secretary, U.S. Nuclear Regulatory
Commission, Attn: Rulemakings and Adjudications Staff, Washington, DC
20555. Copies also shall be sent to the Director, Office of
Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555,
to the Assistant General Counsel for Materials Litigation and
Enforcement at the same address, to the Regional Administrator, NRC
Region III, 801 Warrenville Road, Lisle, IL 60532-4351 and to Gail C.
VanCleave if the answer or hearing request is by a person other than
Gail C. VanCleave. If a person other than Gail C. VanCleave requests a
hearing, that person shall set forth with particularity the manner in
which his 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 Gail C. VanCleave or a person whose
interest is adversely affected, the Commission will issue 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
should be sustained.
In the absence of any request for hearing, or written approval of
an extension of time in which to request a hearing, the provisions
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
specified in section IV shall be final when the extension expires if a
hearing request has not been received.
Dated this 6th day of November 2000.
For The Nuclear Regulatory Commission.
Frank J. Miraglia, Jr.,
Deputy Executive Director for Reactor Programs.
[FR Doc. 00-29724 Filed 11-20-00; 8:45 am]
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