In the Matter of Casey Pooler, 11486-11489 [2017-03525]
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Federal Register / Vol. 82, No. 35 / Thursday, February 23, 2017 / Notices
II. Opportunity To Request a Hearing
The Commission may issue either a
notice of hearing or a notice of proposed
action and opportunity for hearing in
accordance with 10 CFR 72.46(b)(1) or,
if a determination is made that the
amendment does not present a genuine
issue as to whether public health and
safety will be significantly affected, take
immediate action on the amendment in
accordance with 10 CFR 72.46(b)(2), and
provide notice of the action taken and
an opportunity for interested persons to
request a hearing on whether the action
should be rescinded or modified.
Dated at Rockville, Maryland, this 14th day
of February 2017.
For the Nuclear Regulatory Commission.
Bernard H. White, IV,
Acting Chief, Spent Fuel Licensing Branch,
Division of Spent Fuel Management, Office
of Nuclear Material Safety and Safeguards.
[FR Doc. 2017–03532 Filed 2–22–17; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
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Meeting of the Advisory Committee on
Reactor Safeguards (ACRS)
Subcommittee on Planning and
Procedures
The ACRS Subcommittee on Planning
and Procedures will hold a meeting on
March 8, 2017, Room T–2B3, 11545
Rockville Pike, Rockville, Maryland.
The meeting will be open to public
attendance with the exception of a
portion that may be closed pursuant to
5 U.S.C. 552b (c)(2) and (6) to discuss
organizational and personnel matters
that relate solely to the internal
personnel rules and practices of the
ACRS, and information the release of
which would constitute a clearly
unwarranted invasion of personal
privacy.
The agenda for the subject meeting
shall be as follows:
Wednesday, March 8, 2017—12:00 p.m.
until 1:00 p.m.
The Subcommittee will discuss
proposed ACRS activities and related
matters. The Subcommittee will gather
information, analyze relevant issues and
facts, and formulate proposed positions
and actions, as appropriate, for
deliberation by the Full Committee.
Members of the public desiring to
provide oral statements and/or written
comments should notify the Designated
Federal Official (DFO), Quynh Nguyen
(Telephone 301–415–5844 or Email:
Quynh.Nguyen@nrc.gov) five days prior
to the meeting, if possible, so that
arrangements can be made. Thirty-five
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hard copies of each presentation or
handout should be provided to the DFO
thirty minutes before the meeting. In
addition, one electronic copy of each
presentation should be emailed to the
DFO one day before the meeting. If an
electronic copy cannot be provided
within this timeframe, presenters
should provide the DFO with a CD
containing each presentation at least
thirty minutes before the meeting.
Electronic recordings will be permitted
only during those portions of the
meeting that are open to the public.
Detailed procedures for the conduct of
and participation in ACRS meetings
were published in the Federal Register
on October 21, 2015 (80 FR 63846).
Information regarding changes to the
agenda, whether the meeting has been
canceled or rescheduled, and the time
allotted to present oral statements can
be obtained by contacting the identified
DFO. Moreover, in view of the
possibility that the schedule for ACRS
meetings may be adjusted by the
Chairman as necessary to facilitate the
conduct of the meeting, persons
planning to attend should check with
the DFO if such rescheduling would
result in a major inconvenience.
If attending this meeting, please enter
through the One White Flint North
building, 11555 Rockville Pike,
Rockville, MD. After registering with
security, please contact Mr. Theron
Brown (240–888–9835) to be escorted to
the meeting room.
Dated: February 15, 2017.
Mark L. Banks,
Chief, Technical Support Branch, Advisory
Committee on Reactor Safeguards.
[FR Doc. 2017–03534 Filed 2–22–17; 8:45 am]
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[IA–16–075; NRC–2017–0053]
Nuclear Regulatory
Commission.
ACTION: Order; issuance.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is issuing an Order
prohibiting Mr. Casey Pooler from
involvement in NRC-licensed activities
for a period of 3 years. The Order also
requires Mr. Pooler to notify the NRC of
any current involvement in NRClicensed activities. Additionally, Casey
Pooler is required to notify the NRC of
his first employment in NRC-licensed
activities for a period of one year
following the 3-year prohibition period.
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ADDRESSES:
Dated at Rockville, Maryland, this 15th day
of February 2017.
For the Nuclear Regulatory Commission.
Patricia K. Holahan,
Director, Office of Enforcement.
In the Matter of Casey Pooler
SUMMARY:
Effective Date: See attachment.
Please refer to Docket ID
NRC–2017–0053 when contacting the
NRC about the availability of
information regarding this document.
You may obtain publicly-available
information related to this document
using any of the following methods:
• Federal Rulemaking Web Site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2017–0053. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–415–3463;
email: Carol.Gallagher@nrc.gov. For
technical questions, contact the
individual listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publicly
available documents online in the
ADAMS Public Documents collection at
https://www.nrc.gov/reading-rm/
adams.html. To begin the search, select
‘‘ADAMS Public Documents’’ and then
select ‘‘Begin Web-based ADAMS
Search.’’ For problems with ADAMS,
please contact the NRC’s Public
Document Room (PDR) reference staff at
1–800–397–4209, 301–415–4737, or by
email to pdr.resource@nrc.gov. The
ADAMS accession number for each
document referenced in this document
(if that document is available in
ADAMS) is provided the first time that
a document is referenced.
• NRC’s PDR: You may examine and
purchase copies of public documents at
the NRC’s PDR, Room O1–F21, One
White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT:
David Furst, Office of Enforcement, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001; telephone:
301–287–9087; Email: David.Furst@
nrc.gov.
SUPPLEMENTARY INFORMATION: The text of
the Order is attached.
DATES:
NUCLEAR REGULATORY
COMMISSION
[IA–16–075]
In the Matter of Casey Pooler
Order Prohibiting Involvement in NRC
Licensed Activities
I.
Casey Pooler was employed as a
contract security officer at the NextEra
Energy Seabrook, LLC (NextEra)
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Seabrook Station (Seabrook). NextEra
holds License No. NPF–86 issued by the
Nuclear Regulatory Commission (NRC
or Commission) pursuant to part 50 of
Title 10 of the Code of Federal
Regulations (10 CFR), on March 15,
1990. The license authorizes the
operation of Seabrook (facility) in
accordance with the conditions
specified therein. The facility is located
on the Licensee’s site in Seabrook, New
Hampshire.
II.
On August 24, 2015, an investigation
was initiated at the Licensee’s facility to
evaluate the circumstances surrounding
a security response weapon that NextEra
staff identified as having foreign
material lodged inside the barrel. Based
on the results of the investigation, the
NRC determined that Mr. Pooler
deliberately placed the material inside
the weapon. Specifically, the weapon
had been staged at a Seabrook security
post on August 2, 2015. It was returned
to the armory on August 21, 2015, for
routine cleaning. While cleaning the
weapon, the armorer found that a foam
earplug insert and two pieces of rolled
up paper had been stuffed in the barrel.
NextEra notified the NRC Senior
Resident Inspector at Seabrook, who in
turn, informed regional staff and
management. The region immediately
dispatched security inspectors and
investigators and, on August 24, 2015,
formally launched a high-priority
investigation by the NRC’s Office of
Investigations (OI).
During initial interviews, Mr. Pooler
acknowledged to OI that he had stood
watch in the position with the affected
rifle on two occasions during the subject
period. However, he testified that he
had not placed the materials in the
weapon and that he had no information
about how the materials got inside of it.
Afterward, Mr. Pooler made several
comments to other security officers
indicating that he may have been
involved in tampering with the rifle. He
asked a coworker to contact the OI
agents and ask them to meet him at an
off-site location. Although OI agents
contacted Mr. Pooler, he declined to
meet with them at that time.
On multiple occasions between
August 27 and September 24, 2015, OI
attempted to re-interview Mr. Pooler,
but he declined each request. On
October 19, 2015, Mr. Pooler spoke with
OI and stated that he believed he placed
the materials in the weapon. He told OI
that he did not know why he did it, and
adamantly stated that he was not trying
to hurt anyone or to assist anyone with
gaining access to the site. He
acknowledged that it was reasonable to
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assume that he didn’t come forward
about what he had done because he was
afraid of being fired. Mr. Pooler also
affirmed that he was not aware of
adverse issues with any other weapons
or equipment at the site.
Based on the OI investigation, the
NRC determined that Mr. Pooler
committed an apparent violation (AV) of
10 CFR 50.5(a)(1), in that his deliberate
actions caused NextEra to be in
violation of 10 CFR 73.55(k)(2), which
requires licensees to ensure that all
firearms necessary to implement the site
security plans and protective strategy
are in working condition. Specifically,
Mr. Pooler placed foreign material into
the barrel of a rifle staged at a Seabrook
security post that was established to
implement the site protective strategy.
Because of the foreign material, the
licensee could not ensure that the rifle
would fire properly.
In a letter dated December 1, 2016, the
NRC described the AV and informed
Mr. Pooler that the NRC was
considering escalated enforcement
action against him. In the letter, the
NRC also offered Mr. Pooler the
opportunity to discuss the AV during a
pre-decisional enforcement conference
(PEC) or to engage the NRC in an
alternative dispute resolution (ADR)
mediation session or to provide a
written response before the NRC made
an enforcement decision. In a December
13, 2016, telephone call with NRC
Region I Enforcement staff, Mr. Pooler’s
attorney informed the NRC that he
neither required a PEC or an ADR
mediation session, nor intended to
submit a written response, but that Mr.
Pooler was willing to cooperate with the
NRC’s intended enforcement action.
III.
Based on the above, it appears that
Casey Pooler, a contract employee of the
Licensee, engaged in deliberate
misconduct that caused the Licensee to
be in violation of 10 CFR 73.55(k)(2).
Casey Pooler’s action has raised serious
doubt as to whether he can be relied
upon to comply with the NRC’s
requirements. Consequently, the NRC
lacks 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
Casey Pooler were permitted at this time
to be involved in NRC-licensed
activities. Therefore, Casey Pooler is
prohibited from any involvement in
NRC-licensed activities for a period of
three years from the date of this Order.
Additionally, Casey Pooler is required
to notify the NRC of his first
employment in NRC-licensed activities
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for a period of one year following the
prohibition period.
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, and 10 CFR 50.5. It is hereby
ordered, effective upon the date of
issuance, that:
1. Casey Pooler is prohibited for three
years from the date of this Order from
engaging in, supervising, directing, or in
any other way conducting 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 in the NRC’s
jurisdiction pursuant to the authority
granted by 10 CFR 150.20.
2. If Mr. Pooler is currently involved
with another licensee in NRC-licensed
activities, he must immediately cease
those activities; 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 one year after the
three-year period of prohibition has
expired, Mr. Pooler shall, within 20
days of acceptance of his first
employment offer involving NRClicensed activities or his 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–
0001, of the name, address, and
telephone number of the employer or
the entity where he is, or will be,
involved in the NRC-licensed activities.
In the notification, Mr. Pooler shall
include a statement of his commitment
to compliance with regulatory
requirements and the basis why the
Commission should have confidence
that he will now comply with
applicable NRC requirements.
The Director, Office of Enforcement, or
designee, may, in writing, relax or
rescind any of the above conditions
upon demonstration by Mr. Pooler of
good cause.
V.
The NRC has determined that Mr.
Pooler’s communications with the NRC,
both during the investigation and
subsequently through his attorney, are
sufficient to constitute an answer to the
Order. Therefore, to satisfy the
requirements of 10 CFR 2.202, Mr.
Pooler need only acknowledge to the
NRC that he has received the Order.
This may be done by Mr. Pooler or
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through his attorney, and may be
accomplished by telephone call or
electronic mail message to the NRC
Region I Senior Enforcement Specialist
Marjorie McLaughlin ((610) 337–5240 or
Marjorie.mclaughlin@nrc.gov). Any
person adversely affected by this Order
may submit a written answer to this
Order within 30 days of its publication
in the Federal Register. In addition, Mr.
Pooler and any other person adversely
affected by this Order may request a
hearing on this Order within 30 days of
its publication in the Federal Register.
Where good cause is shown,
consideration will be given to extending
the time to answer or 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–
001, and include a statement of good
cause for the extension.
VI.
All documents filed in NRC
adjudicatory proceedings, including a
request for hearing and petition for
leave to intervene (petition), any motion
or other document filed in the
proceeding prior to the submission of a
request for hearing or petition to
intervene, and documents filed by
interested governmental entities that
request to participate under 10 CFR
2.315(c), must be filed in accordance
with the NRC’s E-Filing rule (72 FR
49139; August 28, 2007, as amended at
77 FR 46562, August 3, 2012). The EFiling process requires participants to
submit and serve all adjudicatory
documents over the internet, or in some
cases to mail copies on electronic
storage media. Detailed guidance on
making electronic submissions may be
found in the Guidance for Electronic
Submissions to the NRC and on the NRC
Web site at https://www.nrc.gov/sitehelp/e-submittals.html. Participants
may not submit paper copies of their
filings unless they seek an exemption in
accordance with the procedures
described below.
To comply with the procedural
requirements of E-Filing, at least 10
days prior to the filing deadline, the
participant should contact the Office of
the Secretary by email at
hearing.docket@nrc.gov or by telephone
at 301–415–1677, to (1) request a digital
identification (ID) certificate, which
allows the participant (or its counsel or
representative) to digitally sign
submissions and access the E-Filing
system for any proceeding in which it
is participating; and (2) advise the
Secretary that the participant will be
submitting a petition or other
adjudicatory document (even in
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instances in which the participant, or its
counsel or representative, already holds
an NRC-issued digital ID certificate).
Based upon this information, the
Secretary will establish an electronic
docket for the hearing in this proceeding
if the Secretary has not already
established an electronic docket.
Information about applying for a
digital ID certificate is available on the
NRC’s public Web site at https://
www.nrc.gov/site-help/e-submittals/
getting-started.html. Once a participant
has obtained a digital ID certificate and
a docket has been created, the
participant can then submit
adjudicatory documents. Submissions
must be in Portable Document Format
(PDF). Additional guidance on PDF
submissions is available on the NRC’s
public Web site at https://www.nrc.gov/
site-help/electronic-sub-ref-mat.html. A
filing is considered complete at the time
the document is submitted through the
NRC’s E-Filing system. To be timely, an
electronic filing must be submitted to
the E-Filing system no later than 11:59
p.m. Eastern Time on the due date.
Upon receipt of a transmission, the EFiling system time-stamps the document
and sends the submitter an email notice
confirming receipt of the document. The
E-Filing system also distributes an email
notice that provides access to the
document to the NRC’s Office of the
General Counsel and any others who
have advised the Office of the Secretary
that they wish to participate in the
proceeding, so that the filer need not
serve the document on those
participants separately. Therefore,
applicants and other participants (or
their counsel or representative) must
apply for and receive a digital ID
certificate before adjudicatory
documents are filed so that they can
obtain access to the documents via the
E-Filing system.
A person filing electronically using
the NRC’s adjudicatory E-Filing system
may seek assistance by contacting the
NRC’s Electronic Filing Help Desk
through the ‘‘Contact Us’’ link located
on the NRC’s public Web site at https://
www.nrc.gov/site-help/esubmittals.html, by email to
MSHD.Resource@nrc.gov, or by a tollfree call at 1–866–672–7640. The NRC
Electronic Filing Help Desk is available
between 9 a.m. and 6 p.m., Eastern
Time, Monday through Friday,
excluding government holidays.
Participants who believe that they
have a good cause for not submitting
documents electronically must file an
exemption request, in accordance with
10 CFR 2.302(g), with their initial paper
filing stating why there is good cause for
not filing electronically and requesting
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authorization to continue to submit
documents in paper format. Such filings
must be submitted by: (1) First class
mail addressed to the Office of the
Secretary of the Commission, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, Attention:
Rulemaking and Adjudications Staff; or
(2) courier, express mail, or expedited
delivery service to the Office of the
Secretary, 11555 Rockville Pike,
Rockville, Maryland, 20852, Attention:
Rulemaking and Adjudications Staff.
Participants filing adjudicatory
documents in this manner are
responsible for serving the document on
all other participants. Filing is
considered complete by first-class mail
as of the time of deposit in the mail, or
by courier, express mail, or expedited
delivery service upon depositing the
document with the provider of the
service. A presiding officer, having
granted an exemption request from
using E-Filing, may require a participant
or party to use E-Filing if the presiding
officer subsequently determines that the
reason for granting the exemption from
use of E-Filing no longer exists.
Documents submitted in adjudicatory
proceedings will appear in the NRC’s
electronic hearing docket which is
available to the public at https://
adams.nrc.gov/ehd, unless excluded
pursuant to an order of the Commission
or the presiding officer. If you do not
have an NRC-issued digital ID certificate
as described above, click cancel when
the link requests certificates and you
will be automatically directed to the
NRC’s electronic hearing dockets where
you will be able to access any publicly
available documents in a particular
hearing docket. Participants are
requested not to include personal
privacy information, such as social
security numbers, home addresses, or
personal phone numbers in their filings,
unless an NRC regulation or other law
requires submission of such
information. For example, in some
instances, individuals provide home
addresses in order to demonstrate
proximity to a facility or site. With
respect to copyrighted works, except for
limited excerpts that serve the purpose
of the adjudicatory filings and would
constitute a Fair Use application,
participants are requested not to include
copyrighted materials in their
submission.
If a person other than Mr. Pooler
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 2.309(d) and
(f). If a hearing is requested by Mr.
Pooler or a person whose interest is
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adversely affected, the Commission will
issue an Order designating the time and
place of any hearings. 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 30 days from the date this
Order is published in the Federal
Register 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 at Rockville, Maryland, this 15th day
of February 2017.
For the Nuclear Regulatory Commission.
Patricia K. Holahan,
Director, Office of Enforcement.
[FR Doc. 2017–03525 Filed 2–22–17; 8:45 am]
BILLING CODE 7590–01–P
POSTAL SERVICE
Privacy Act of 1974; System of
Records
Postal ServiceTM.
Notice of modification to
existing systems of records.
AGENCY:
ACTION:
The United States Postal
Service® (Postal Service) is proposing to
modify a General Privacy Act Systems
of Records to support administrative
retention and data element collection, as
well as a new benefit offered to
employees for third-party tax
preparation services.
DATES: These revisions will become
effective without further notice on
March 27, 2017 unless comments
received on or before that date result in
a contrary determination.
ADDRESSES: Comments may be mailed
or delivered to the Privacy and Records
Office, United States Postal Service, 475
L’Enfant Plaza SW., Room 1P830,
Washington, DC 20260–1101. Copies of
all written comments will be available
at this address for public inspection and
photocopying between 8 a.m. and 4
p.m., Monday through Friday.
FOR FURTHER INFORMATION CONTACT:
Janine Castorina, Chief Privacy and
Records Management Officer, Privacy
and Records Office, 202–268–3069 or
privacy@usps.gov.
SUPPLEMENTARY INFORMATION: This
notice is in accordance with the Privacy
Act requirement that agencies publish
their systems of records in the Federal
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SUMMARY:
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Register when there is a revision,
change, or addition, or when the agency
establishes a new system of records. The
Postal ServiceTM has determined that
one General Privacy Act System of
Records (SOR) should be revised to
modify Categories of Records in the
System, Purpose(s), Routine Uses of
Records Maintained in the System,
Including Categories of Users and the
Purposes of Such Uses, along with
Retention and Disposal.
The Postal Service is proposing
modifications to SOR 100.400 to reflect
a new benefit to allow employees, who
voluntarily elect to be able to
automatically upload information from
their individual W–2 and 1095–C forms
directly to a third-party tax preparation
service. Employee tax information, such
as their Form W–2, Wage and Tax
Statement and Form 1095–C, EmployerProvided Health Insurance Offer and
Coverage information, will remain
securely safeguarded within USPS
computer information systems and only
uploaded to third-party tax preparation
services upon voluntary request and
consent of the individual employee.
Uploading this information in a tax
preparation service is considered an
Internal Revenue Service (IRS) best
practice. This will save employees from
having to enter the information
manually, providing convenience and
reducing the risk of potential keying
errors. Therefore, the SOR is being
revised to include an appropriate
purpose, routine use for the transfer of
tax information, and retention of the
employee tax information. In addition,
other updates are included to account
for separate administrative changes,
which include the collection of
employee’s ACE ID for computer access
in the Time and Attendance System for
employees entering payroll information.
Similarly, Retention and Disposal times
are being updated to more accurately
reflect record retention for monetary
awards, ideas submitted by employees
under the formal ideas program, and for
overtime administrative records.
Pursuant to 5 U.S.C. 552a(e)(11),
interested persons are invited to submit
written data, views, or arguments on
this proposal. A report of the proposed
modifications has been sent to Congress
and to the Office of Management and
Budget for their evaluations. The Postal
Service does not expect this amended
system of records to have any adverse
effect on individual privacy rights.
Accordingly, for the reasons stated,
the Postal Service proposes changes in
the existing system of records as
follows:
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USPS 100.400
SYSTEM NAME:
Personnel Compensation and Payroll
Records
*
*
*
*
*
CATEGORIES OF RECORDS IN THE SYSTEM:
[Change item 1 to read as follows:]
1. Employee and family member
information: Name(s), Social Security
Number(s), Employee Identification
Number, ACE ID, date(s) of birth, postal
assignment information, work contact
information, home address(es) and
phone number(s), finance number(s),
occupation code; occupation title; duty
location, and pay location.
*
*
*
*
*
PURPOSE:
*
*
*
*
*
[Add 9 to read as follows:]
9. To generate W–2 and 1095–C
information for use with external thirdparty tax preparation services at the
request of the individual employee.
*
*
*
*
*
ROUTINE USES OF RECORDS IN THE SYSTEM,
INCLUDING CATEGORIES OF USERS AND THE
PURPOSES OF SUCH USES:
*
*
*
*
*
[Add L to read as follows:]
l. Disclosure of W–2 and 1095–C tax
information records to external thirdparty tax preparation services.
*
*
*
*
*
Retention and Disposal
*
*
*
*
*
[Change 3 and 4 to read as follows:]
3. Records of monetary awards with a
status that they have been processed,
processing failed, cancelled, and
reported (Service Award Pins,
Retirement Service Awards,
Posthumous Service Awards) are
retained 7 years, as payroll records
would have been affected/processed.
Records of award submissions with the
status approved, deleted, and/or draft
are retained 31 days, as payroll records
would not have been affected/
processed.
4. Records of employee submitted
ideas are maintained for 2 years after
being closed.
*
*
*
*
*
[Add 8 and 9 to read as follows:]
8. Overtime administrative records are
retained for 7 years.
9. Tax preparation records are limited
to an employee’s previous year’s wages,
tax documentation and health insurance
E:\FR\FM\23FEN1.SGM
23FEN1
]]>Agencies
[Federal Register Volume 82, Number 35 (Thursday, February 23, 2017)]
[Notices]
[Pages 11486-11489]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-03525]
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NUCLEAR REGULATORY COMMISSION
[IA-16-075; NRC-2017-0053]
In the Matter of Casey Pooler
AGENCY: Nuclear Regulatory Commission.
ACTION: Order; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an
Order prohibiting Mr. Casey Pooler from involvement in NRC-licensed
activities for a period of 3 years. The Order also requires Mr. Pooler
to notify the NRC of any current involvement in NRC-licensed
activities. Additionally, Casey Pooler is required to notify the NRC of
his first employment in NRC-licensed activities for a period of one
year following the 3-year prohibition period.
DATES: Effective Date: See attachment.
ADDRESSES: Please refer to Docket ID NRC-2017-0053 when contacting the
NRC about the availability of information regarding this document. You
may obtain publicly-available information related to this document
using any of the following methods:
Federal Rulemaking Web Site: Go to https://www.regulations.gov and search for Docket ID NRC-2017-0053. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: Carol.Gallagher@nrc.gov. For technical questions, contact
the individual listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly available documents online in the
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS,
please contact the NRC's Public Document Room (PDR) reference staff at
1-800-397-4209, 301-415-4737, or by email to pdr.resource@nrc.gov. The
ADAMS accession number for each document referenced in this document
(if that document is available in ADAMS) is provided the first time
that a document is referenced.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT: David Furst, Office of Enforcement,
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001;
telephone: 301-287-9087; Email: David.Furst@nrc.gov.
SUPPLEMENTARY INFORMATION: The text of the Order is attached.
Dated at Rockville, Maryland, this 15th day of February 2017.
For the Nuclear Regulatory Commission.
Patricia K. Holahan,
Director, Office of Enforcement.
NUCLEAR REGULATORY COMMISSION
[IA-16-075]
In the Matter of Casey Pooler
Order Prohibiting Involvement in NRC Licensed Activities
I.
Casey Pooler was employed as a contract security officer at the
NextEra Energy Seabrook, LLC (NextEra)
[[Page 11487]]
Seabrook Station (Seabrook). NextEra holds License No. NPF-86 issued by
the Nuclear Regulatory Commission (NRC or Commission) pursuant to part
50 of Title 10 of the Code of Federal Regulations (10 CFR), on March
15, 1990. The license authorizes the operation of Seabrook (facility)
in accordance with the conditions specified therein. The facility is
located on the Licensee's site in Seabrook, New Hampshire.
II.
On August 24, 2015, an investigation was initiated at the
Licensee's facility to evaluate the circumstances surrounding a
security response weapon that NextEra staff identified as having
foreign material lodged inside the barrel. Based on the results of the
investigation, the NRC determined that Mr. Pooler deliberately placed
the material inside the weapon. Specifically, the weapon had been
staged at a Seabrook security post on August 2, 2015. It was returned
to the armory on August 21, 2015, for routine cleaning. While cleaning
the weapon, the armorer found that a foam earplug insert and two pieces
of rolled up paper had been stuffed in the barrel. NextEra notified the
NRC Senior Resident Inspector at Seabrook, who in turn, informed
regional staff and management. The region immediately dispatched
security inspectors and investigators and, on August 24, 2015, formally
launched a high-priority investigation by the NRC's Office of
Investigations (OI).
During initial interviews, Mr. Pooler acknowledged to OI that he
had stood watch in the position with the affected rifle on two
occasions during the subject period. However, he testified that he had
not placed the materials in the weapon and that he had no information
about how the materials got inside of it. Afterward, Mr. Pooler made
several comments to other security officers indicating that he may have
been involved in tampering with the rifle. He asked a coworker to
contact the OI agents and ask them to meet him at an off-site location.
Although OI agents contacted Mr. Pooler, he declined to meet with them
at that time.
On multiple occasions between August 27 and September 24, 2015, OI
attempted to re-interview Mr. Pooler, but he declined each request. On
October 19, 2015, Mr. Pooler spoke with OI and stated that he believed
he placed the materials in the weapon. He told OI that he did not know
why he did it, and adamantly stated that he was not trying to hurt
anyone or to assist anyone with gaining access to the site. He
acknowledged that it was reasonable to assume that he didn't come
forward about what he had done because he was afraid of being fired.
Mr. Pooler also affirmed that he was not aware of adverse issues with
any other weapons or equipment at the site.
Based on the OI investigation, the NRC determined that Mr. Pooler
committed an apparent violation (AV) of 10 CFR 50.5(a)(1), in that his
deliberate actions caused NextEra to be in violation of 10 CFR
73.55(k)(2), which requires licensees to ensure that all firearms
necessary to implement the site security plans and protective strategy
are in working condition. Specifically, Mr. Pooler placed foreign
material into the barrel of a rifle staged at a Seabrook security post
that was established to implement the site protective strategy. Because
of the foreign material, the licensee could not ensure that the rifle
would fire properly.
In a letter dated December 1, 2016, the NRC described the AV and
informed Mr. Pooler that the NRC was considering escalated enforcement
action against him. In the letter, the NRC also offered Mr. Pooler the
opportunity to discuss the AV during a pre-decisional enforcement
conference (PEC) or to engage the NRC in an alternative dispute
resolution (ADR) mediation session or to provide a written response
before the NRC made an enforcement decision. In a December 13, 2016,
telephone call with NRC Region I Enforcement staff, Mr. Pooler's
attorney informed the NRC that he neither required a PEC or an ADR
mediation session, nor intended to submit a written response, but that
Mr. Pooler was willing to cooperate with the NRC's intended enforcement
action.
III.
Based on the above, it appears that Casey Pooler, a contract
employee of the Licensee, engaged in deliberate misconduct that caused
the Licensee to be in violation of 10 CFR 73.55(k)(2). Casey Pooler's
action has raised serious doubt as to whether he can be relied upon to
comply with the NRC's requirements. Consequently, the NRC lacks 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 Casey Pooler were
permitted at this time to be involved in NRC-licensed activities.
Therefore, Casey Pooler is prohibited from any involvement in NRC-
licensed activities for a period of three years from the date of this
Order. Additionally, Casey Pooler is required to notify the NRC of his
first employment in NRC-licensed activities for a period of one year
following the prohibition period.
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, and 10 CFR 50.5. It is hereby ordered,
effective upon the date of issuance, that:
1. Casey Pooler is prohibited for three years from the date of this
Order from engaging in, supervising, directing, or in any other way
conducting 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 in the NRC's jurisdiction pursuant
to the authority granted by 10 CFR 150.20.
2. If Mr. Pooler is currently involved with another licensee in
NRC-licensed activities, he must immediately cease those activities;
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 one year after the three-year period of
prohibition has expired, Mr. Pooler shall, within 20 days of acceptance
of his first employment offer involving NRC-licensed activities or his
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 20555-0001, of the name,
address, and telephone number of the employer or the entity where he
is, or will be, involved in the NRC-licensed activities. In the
notification, Mr. Pooler shall include a statement of his commitment to
compliance with regulatory requirements and the basis why the
Commission should have confidence that he will now comply with
applicable NRC requirements.
The Director, Office of Enforcement, or designee, may, in writing,
relax or rescind any of the above conditions upon demonstration by Mr.
Pooler of good cause.
V.
The NRC has determined that Mr. Pooler's communications with the
NRC, both during the investigation and subsequently through his
attorney, are sufficient to constitute an answer to the Order.
Therefore, to satisfy the requirements of 10 CFR 2.202, Mr. Pooler need
only acknowledge to the NRC that he has received the Order. This may be
done by Mr. Pooler or
[[Page 11488]]
through his attorney, and may be accomplished by telephone call or
electronic mail message to the NRC Region I Senior Enforcement
Specialist Marjorie McLaughlin ((610) 337-5240 or
Marjorie.mclaughlin@nrc.gov). Any person adversely affected by this
Order may submit a written answer to this Order within 30 days of its
publication in the Federal Register. In addition, Mr. Pooler and any
other person adversely affected by this Order may request a hearing on
this Order within 30 days of its publication in the Federal Register.
Where good cause is shown, consideration will be given to extending the
time to answer or 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 20555-001, and include a
statement of good cause for the extension.
VI.
All documents filed in NRC adjudicatory proceedings, including a
request for hearing and petition for leave to intervene (petition), any
motion or other document filed in the proceeding prior to the
submission of a request for hearing or petition to intervene, and
documents filed by interested governmental entities that request to
participate under 10 CFR 2.315(c), must be filed in accordance with the
NRC's E-Filing rule (72 FR 49139; August 28, 2007, as amended at 77 FR
46562, August 3, 2012). The E-Filing process requires participants to
submit and serve all adjudicatory documents over the internet, or in
some cases to mail copies on electronic storage media. Detailed
guidance on making electronic submissions may be found in the Guidance
for Electronic Submissions to the NRC and on the NRC Web site at https://www.nrc.gov/site-help/e-submittals.html. Participants may not submit
paper copies of their filings unless they seek an exemption in
accordance with the procedures described below.
To comply with the procedural requirements of E-Filing, at least 10
days prior to the filing deadline, the participant should contact the
Office of the Secretary by email at hearing.docket@nrc.gov or by
telephone at 301-415-1677, to (1) request a digital identification (ID)
certificate, which allows the participant (or its counsel or
representative) to digitally sign submissions and access the E-Filing
system for any proceeding in which it is participating; and (2) advise
the Secretary that the participant will be submitting a petition or
other adjudicatory document (even in instances in which the
participant, or its counsel or representative, already holds an NRC-
issued digital ID certificate). Based upon this information, the
Secretary will establish an electronic docket for the hearing in this
proceeding if the Secretary has not already established an electronic
docket.
Information about applying for a digital ID certificate is
available on the NRC's public Web site at https://www.nrc.gov/site-help/e-submittals/getting-started.html. Once a participant has obtained a
digital ID certificate and a docket has been created, the participant
can then submit adjudicatory documents. Submissions must be in Portable
Document Format (PDF). Additional guidance on PDF submissions is
available on the NRC's public Web site at https://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is considered complete at the
time the document is submitted through the NRC's E-Filing system. To be
timely, an electronic filing must be submitted to the E-Filing system
no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of
a transmission, the E-Filing system time-stamps the document and sends
the submitter an email notice confirming receipt of the document. The
E-Filing system also distributes an email notice that provides access
to the document to the NRC's Office of the General Counsel and any
others who have advised the Office of the Secretary that they wish to
participate in the proceeding, so that the filer need not serve the
document on those participants separately. Therefore, applicants and
other participants (or their counsel or representative) must apply for
and receive a digital ID certificate before adjudicatory documents are
filed so that they can obtain access to the documents via the E-Filing
system.
A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC's Electronic
Filing Help Desk through the ``Contact Us'' link located on the NRC's
public Web site at https://www.nrc.gov/site-help/e-submittals.html, by
email to MSHD.Resource@nrc.gov, or by a toll-free call at 1-866-672-
7640. The NRC Electronic Filing Help Desk is available between 9 a.m.
and 6 p.m., Eastern Time, Monday through Friday, excluding government
holidays.
Participants who believe that they have a good cause for not
submitting documents electronically must file an exemption request, in
accordance with 10 CFR 2.302(g), with their initial paper filing
stating why there is good cause for not filing electronically and
requesting authorization to continue to submit documents in paper
format. Such filings must be submitted by: (1) First class mail
addressed to the Office of the Secretary of the Commission, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention:
Rulemaking and Adjudications Staff; or (2) courier, express mail, or
expedited delivery service to the Office of the Secretary, 11555
Rockville Pike, Rockville, Maryland, 20852, Attention: Rulemaking and
Adjudications Staff. Participants filing adjudicatory documents in this
manner are responsible for serving the document on all other
participants. Filing is considered complete by first-class mail as of
the time of deposit in the mail, or by courier, express mail, or
expedited delivery service upon depositing the document with the
provider of the service. A presiding officer, having granted an
exemption request from using E-Filing, may require a participant or
party to use E-Filing if the presiding officer subsequently determines
that the reason for granting the exemption from use of E-Filing no
longer exists.
Documents submitted in adjudicatory proceedings will appear in the
NRC's electronic hearing docket which is available to the public at
https://adams.nrc.gov/ehd, unless excluded pursuant to an order of the
Commission or the presiding officer. If you do not have an NRC-issued
digital ID certificate as described above, click cancel when the link
requests certificates and you will be automatically directed to the
NRC's electronic hearing dockets where you will be able to access any
publicly available documents in a particular hearing docket.
Participants are requested not to include personal privacy information,
such as social security numbers, home addresses, or personal phone
numbers in their filings, unless an NRC regulation or other law
requires submission of such information. For example, in some
instances, individuals provide home addresses in order to demonstrate
proximity to a facility or site. With respect to copyrighted works,
except for limited excerpts that serve the purpose of the adjudicatory
filings and would constitute a Fair Use application, participants are
requested not to include copyrighted materials in their submission.
If a person other than Mr. Pooler 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 2.309(d) and (f). If a hearing is requested by Mr.
Pooler or a person whose interest is
[[Page 11489]]
adversely affected, the Commission will issue an Order designating the
time and place of any hearings. 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 30 days from
the date this Order is published in the Federal Register 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 at Rockville, Maryland, this 15th day of February 2017.
For the Nuclear Regulatory Commission.
Patricia K. Holahan,
Director, Office of Enforcement.
[FR Doc. 2017-03525 Filed 2-22-17; 8:45 am]
BILLING CODE 7590-01-P
