In the Matter of James Francis Mattocks; Order Prohibiting Involvement in NRC-Licensed Activities (Immediately Effective), 14622-14623 [E7-5640]
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Federal Register / Vol. 72, No. 59 / Wednesday, March 28, 2007 / Notices
respond to these comments, but such
comments will not otherwise constitute
part of the decisional record. Comments
should be submitted to the Secretary,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555–0001, Attention:
Rulemakings and Adjudications Staff,
and should cite the publication date and
page number of this Federal Register
notice.
For further details with respect to this
action, see the application dated January
19, 2007, available for public inspection
at the Commission’s Public Document
Room (PDR), located at One White Flint
North, Public File Area O1 F21, 11555
Rockville Pike (first floor), Rockville,
Maryland. Publicly available records
will be accessible electronically from
the Agency wide Documents Access and
Management System’s (ADAMS) Public
Electronic Reading Room on the Internet
at the NRC Web site, https://
www.nrc.gov/reading-rm/adams.html.
Persons who do not have access to
ADAMS or who encounter problems in
accessing the documents located in
ADAMS should contact the NRC PDR
Reference staff by telephone at 1–800–
397–4209, or 301–415–4737 or by e-mail
to pdr@nrc.gov.
Dated at Rockville, Maryland this 21st day
of March 2007.
For the Nuclear Regulatory Commission.
Marvin M. Mendonca,
Senior Project Manager, Research and Test
Reactors Branch B, Division of Policy and
Rulemaking, Office of Nuclear Reactor
Regulation.
[FR Doc. E7–5641 Filed 3–27–07; 8:45 am]
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COMMISSION
[IA–07–008]
In the Matter of James Francis
Mattocks; Order Prohibiting
Involvement in NRC-Licensed
Activities (Immediately Effective)
sroberts on PROD1PC70 with NOTICES
I
Mr. James Francis Mattocks was
employed as a contract security officer
at Florida Power and Light Company’s
St. Lucie Nuclear Plant (Licensee) from
approximately September 6, 2005, to
January 7, 2006. Licensee holds license
Nos. DPR–67 and NPF–16, issued by the
U.S. Nuclear Regulatory Commission
(NRC or Commission) pursuant to 10
CFR Part 50 on March 1, 1976 (Unit 1),
and June 10, 1983 (Unit 2). The license
authorizes the operation of the St. Lucie
Nuclear Plant, Units 1 and 2, in
accordance with the conditions
specified therein. The facility is located
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17:09 Mar 27, 2007
Jkt 211001
on the Licensee’s site in St. Lucie
County, Florida.
II
In 2006, Florida law enforcement
officials conducted a criminal
investigation into the theft of a weapon
and thermal imaging scope from the
Licensee’s facility. As a result of the
investigation, the State of Florida
concluded that in December 2005, Mr.
Mattocks, while employed as a contract
security officer, deliberately removed a
Bushmaster .223 Caliber M4/A3 assault
rifle and thermal imaging scope from
the Licensee’s facility without
authorization. On December 20, 2006,
Mr. Mattocks entered a plea of guilty to
the charge of Grand Theft—Firearm in
the Circuit Court for St. Lucie County
and was adjudged guilty of the charge
upon the Court’s acceptance of his plea.
Mr. Mattocks was sentenced to 14
months of incarceration to be followed
by 2 years probation.
License Nos. DPR–67 and NPF–16,
Section 3.F, Physical Protection, require
the Licensee to fully implement and
maintain in effect all provisions of the
Commission-approved physical
security, training and qualification, and
safeguards contingency plans including
amendments. The Licensee’s Physical
Security Plan (PSP), Section 15.6,
establishes the requirement that the
Licensee maintain a firearms program to
ensure firearms function properly. The
PSP states, in part, that the program is
described in facility procedures and
includes provisions to account for
Licensee firearms. Licensee
implementing procedure, SEC–AD–
1003, Section 5.1.2 states, in part, that
for any weapon that is taken from the
station’s inventory for disposal or sale,
the station will document the weapon
by make, model, name of institution or
individual the weapon’s accountability
was transferred to, signature of the
Security Manager/designee releasing
ownership of the weapon, and the date
the weapon was released from the
station’s inventory. In this case, Mr.
Mattocks removed the weapon and
scope from station inventory without
any authorization or approvals.
III
Based on the above, Mr. James Francis
Mattocks, a former employee of the
Licensee, has engaged in deliberate
misconduct that has caused the
Licensee to be in violation of 10 CFR
50.5. NRC must be able to rely on the
Licensee and its employees to comply
with NRC requirements with honesty
and integrity. Mr. Mattocks’ actions in
this case caused the Licensee to violate
its PSP and raise serious doubt as to
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Fmt 4703
Sfmt 4703
whether he can be relied upon to
comply with NRC requirements with
honesty and integrity. 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
Mr. James Francis Mattocks were
permitted at this time to be involved in
NRC licensed activities. Therefore, the
public health, safety and interest require
that Mr. James Francis Mattocks be
prohibited from any involvement in
NRC-licensed activities for a period of
five years from the date of this Order.
Additionally, Mr. James Francis
Mattocks is required to notify the NRC
of his first employment in NRC-licensed
activities for a period of three years
following expiration of the prohibition
period. Furthermore, pursuant to 10
CFR 2.202, I find that the significance of
Mr. James Francis Mattocks’ conduct
described above is such that the public
health, safety and interest require that
this Order be immediately effective.
IV
Accordingly, pursuant to sections
103, 104b, 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, effective immediately, that:
1. Mr. James Francis Mattocks is
prohibited from engaging in NRClicensed activities for a period of five
years from the date of this Order. NRClicensed 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 Mr. James Francis Mattocks is
currently involved in licensed activities
on behalf of an NRC licensee, he must
immediately cease those activities,
inform the NRC of the name, address
and telephone number of the licensee
employer, and provide a copy of this
order to the licensee employer.
3. For a period of three years after the
five year period of prohibition has
expired, Mr. James Francis Mattocks
shall, within 20 days of acceptance of an
offer of employment involving his
performance of NRC-licensed activities
or his becoming involved in NRClicensed activities, as defined in
Paragraph IV.1 above, provide notice to
the Director, Office of Enforcement (OE),
U.S. Nuclear Regulatory Commission,
Washington, DC 20555–0001, of the
name, address, and telephone number of
the employer or the entity on whose
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Federal Register / Vol. 72, No. 59 / Wednesday, March 28, 2007 / Notices
behalf he will be involved in the NRClicensed activities. In the notification,
Mr. James Francis Mattocks shall
include a statement of his commitment
to compliance with regulatory
requirements and the basis upon which
the Commission should have confidence
that he will now comply with
applicable NRC requirements.
The Director, OE, may, in writing,
relax or rescind any of the above
conditions upon demonstration by Mr.
James Francis Mattocks of good cause.
sroberts on PROD1PC70 with NOTICES
V
In accordance with 10 CFR 2.202, Mr.
James Francis Mattocks must, and any
other person adversely affected by this
Order may, submit an answer to this
Order within 20 days of the date of this
Order or other such time as may be
specified in this Order. In addition, Mr.
James Francis Mattocks and any other
person adversely affected by this Order
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–
0001, 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 Mr. James
Francis Mattocks 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 shall be submitted to the
Secretary, U.S. Nuclear Regulatory
Commission, Attn: Rulemakings and
Adjudications Staff, Washington, DC
20555–0001. Copies also shall be sent to
the Director, Office of Enforcement, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, to the
Assistant General Counsel for Materials
Litigation and Enforcement at the same
address, to the Regional Administrator,
NRC Region II, 61 Forsyth Street, SW.,
Atlanta, GA, 30303, and to Mr. James
Francis Mattocks if the answer or
hearing request is by a person other than
Mr. James Francis Mattocks. Because of
continuing disruptions in delivery of
mail to United States Government
offices, it is requested that answers and
requests for hearing be transmitted to
the Secretary of the Commission either
by means of facsimile transmission to
301–415–1101 or by e-mail to
VerDate Aug<31>2005
17:09 Mar 27, 2007
Jkt 211001
hearingdocket@nrc.gov and also to the
Office of the General Counsel either by
means of facsimile transmission to 301–
415–3725 or by e-mail to OGCMail
Center@nrc.gov. If a person other than
the licensee 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 2.390(d).
If a hearing is requested by Mr. James
Francis Mattocks 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.
Pursuant to 10 CFR 2.202(c)(2)(i), Mr.
James Francis Mattocks, may, in
addition to demanding a hearing, at the
time the answer is filed or sooner, move
the presiding officer to set aside the
immediate effectiveness of the Order on
the ground that the Order, including the
need for immediate effectiveness, is not
based on adequate evidence but on mere
suspicion, unfounded allegations, or
error.
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 effective
immediately and 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 21st day of March 2007.
For the Nuclear Regulatory Commission.
Martin J. Virgilio,
Deputy Executive Director for Materials,
Waste, Research, State, Tribal, and
Compliance Programs, Office of the Executive
Director for Operations.
[FR Doc. E7–5640 Filed 3–27–07; 8:45 am]
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14623
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–445 and 50–446]
TXU Generation Company LP;
Comanche Peak Steam Electric
Station, Units 1 and 2; Notice of
Consideration of Issuance of
Amendment to Renewed Facility
Operating License, Proposed No
Significant Hazards Consideration
Determination, and Opportunity for a
Hearing
The U.S. Nuclear Regulatory
Commission (the Commission) is
considering issuance of amendments to
Facility Operating License Nos. NPF–87
and NPF–89, issued to TXU Generating
Company LP (the licensee), for
operation of the Comanche Peak Steam
Electric Station Unit Nos. 1 and 2,
respectively, located in Somervell
County, Texas.
The proposed amendment would
revise Technical Specification (TS)
3.8.1, ‘‘AC Sources—Operating.’’
Specifically, the proposed change
would revise the Completion Time for
TS 3.8.1, Condition F, Required Action
F.1, from 12 hours to 24 hours.
The existing TS 3.8.1, Condition F,
requires that an inoperable safety
injection (SI) sequencer must be
restored to OPERABLE status within 12
hours. If this Completion Time is not
met, Condition G becomes applicable
and the plant must be shut down to at
least MODE 3 within the following 6
hours. The proposed change to the
Completion Time for TS 3.8.1,
Condition F, Required Action F.1,
would provide more time to complete
necessary repairs and required postwork testing to restore an inoperable SI
sequencer to OPERABLE status prior to
commencing a plant shutdown to
MODE 3.
Before issuance of the proposed
license amendment, the Commission
will have made findings required by the
Atomic Energy Act of 1954, as amended
(the Act), and the Commission’s
regulations.
The Commission has made a
proposed determination that the
amendment request involves no
significant hazards consideration. Under
the Commission’s regulations in Title 10
of the Code of Federal Regulations (10
CFR), Section 50.92, this means that
operation of the facility in accordance
with the proposed amendment would
not (1) involve a significant increase in
the probability or consequences of an
accident previously evaluated; or (2)
create the possibility of a new or
different kind of accident from any
accident previously evaluated; or (3)
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]]>Agencies
[Federal Register Volume 72, Number 59 (Wednesday, March 28, 2007)]
[Notices]
[Pages 14622-14623]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-5640]
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NUCLEAR REGULATORY COMMISSION
[IA-07-008]
In the Matter of James Francis Mattocks; Order Prohibiting
Involvement in NRC-Licensed Activities (Immediately Effective)
I
Mr. James Francis Mattocks was employed as a contract security
officer at Florida Power and Light Company's St. Lucie Nuclear Plant
(Licensee) from approximately September 6, 2005, to January 7, 2006.
Licensee holds license Nos. DPR-67 and NPF-16, issued by the U.S.
Nuclear Regulatory Commission (NRC or Commission) pursuant to 10 CFR
Part 50 on March 1, 1976 (Unit 1), and June 10, 1983 (Unit 2). The
license authorizes the operation of the St. Lucie Nuclear Plant, Units
1 and 2, in accordance with the conditions specified therein. The
facility is located on the Licensee's site in St. Lucie County,
Florida.
II
In 2006, Florida law enforcement officials conducted a criminal
investigation into the theft of a weapon and thermal imaging scope from
the Licensee's facility. As a result of the investigation, the State of
Florida concluded that in December 2005, Mr. Mattocks, while employed
as a contract security officer, deliberately removed a Bushmaster .223
Caliber M4/A3 assault rifle and thermal imaging scope from the
Licensee's facility without authorization. On December 20, 2006, Mr.
Mattocks entered a plea of guilty to the charge of Grand Theft--Firearm
in the Circuit Court for St. Lucie County and was adjudged guilty of
the charge upon the Court's acceptance of his plea. Mr. Mattocks was
sentenced to 14 months of incarceration to be followed by 2 years
probation.
License Nos. DPR-67 and NPF-16, Section 3.F, Physical Protection,
require the Licensee to fully implement and maintain in effect all
provisions of the Commission-approved physical security, training and
qualification, and safeguards contingency plans including amendments.
The Licensee's Physical Security Plan (PSP), Section 15.6, establishes
the requirement that the Licensee maintain a firearms program to ensure
firearms function properly. The PSP states, in part, that the program
is described in facility procedures and includes provisions to account
for Licensee firearms. Licensee implementing procedure, SEC-AD-1003,
Section 5.1.2 states, in part, that for any weapon that is taken from
the station's inventory for disposal or sale, the station will document
the weapon by make, model, name of institution or individual the
weapon's accountability was transferred to, signature of the Security
Manager/designee releasing ownership of the weapon, and the date the
weapon was released from the station's inventory. In this case, Mr.
Mattocks removed the weapon and scope from station inventory without
any authorization or approvals.
III
Based on the above, Mr. James Francis Mattocks, a former employee
of the Licensee, has engaged in deliberate misconduct that has caused
the Licensee to be in violation of 10 CFR 50.5. NRC must be able to
rely on the Licensee and its employees to comply with NRC requirements
with honesty and integrity. Mr. Mattocks' actions in this case caused
the Licensee to violate its PSP and raise serious doubt as to whether
he can be relied upon to comply with NRC requirements with honesty and
integrity. 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 Mr. James Francis Mattocks were permitted at this
time to be involved in NRC licensed activities. Therefore, the public
health, safety and interest require that Mr. James Francis Mattocks be
prohibited from any involvement in NRC-licensed activities for a period
of five years from the date of this Order. Additionally, Mr. James
Francis Mattocks is required to notify the NRC of his first employment
in NRC-licensed activities for a period of three years following
expiration of the prohibition period. Furthermore, pursuant to 10 CFR
2.202, I find that the significance of Mr. James Francis Mattocks'
conduct described above is such that the public health, safety and
interest require that this Order be immediately effective.
IV
Accordingly, pursuant to sections 103, 104b, 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, effective immediately, that:
1. Mr. James Francis Mattocks is prohibited from engaging in NRC-
licensed activities for a period of five years from the date of this
Order. 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 Mr. James Francis Mattocks is currently involved in licensed
activities on behalf of an NRC licensee, he must immediately cease
those activities, inform the NRC of the name, address and telephone
number of the licensee employer, and provide a copy of this order to
the licensee employer.
3. For a period of three years after the five year period of
prohibition has expired, Mr. James Francis Mattocks shall, within 20
days of acceptance of an offer of employment involving his performance
of 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 (OE), U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, of the name, address, and
telephone number of the employer or the entity on whose
[[Page 14623]]
behalf he will be involved in the NRC-licensed activities. In the
notification, Mr. James Francis Mattocks shall include a statement of
his commitment to compliance with regulatory requirements and the basis
upon which the Commission should have confidence that he will now
comply with applicable NRC requirements.
The Director, OE, may, in writing, relax or rescind any of the
above conditions upon demonstration by Mr. James Francis Mattocks of
good cause.
V
In accordance with 10 CFR 2.202, Mr. James Francis Mattocks must,
and any other person adversely affected by this Order may, submit an
answer to this Order within 20 days of the date of this Order or other
such time as may be specified in this Order. In addition, Mr. James
Francis Mattocks and any other person adversely affected by this Order
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 20555-0001, 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 Mr. James Francis
Mattocks 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 shall be submitted to the Secretary, U.S. Nuclear Regulatory
Commission, Attn: Rulemakings and Adjudications Staff, Washington, DC
20555-0001. Copies also shall be sent to the Director, Office of
Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, to the Assistant General Counsel for Materials Litigation and
Enforcement at the same address, to the Regional Administrator, NRC
Region II, 61 Forsyth Street, SW., Atlanta, GA, 30303, and to Mr. James
Francis Mattocks if the answer or hearing request is by a person other
than Mr. James Francis Mattocks. Because of continuing disruptions in
delivery of mail to United States Government offices, it is requested
that answers and requests for hearing be transmitted to the Secretary
of the Commission either by means of facsimile transmission to 301-415-
1101 or by e-mail to hearingdocket@nrc.gov and also to the Office of
the General Counsel either by means of facsimile transmission to 301-
415-3725 or by e-mail to OGCMail Center@nrc.gov. If a person other than
the licensee 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 2.390(d).
If a hearing is requested by Mr. James Francis Mattocks 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.
Pursuant to 10 CFR 2.202(c)(2)(i), Mr. James Francis Mattocks, may,
in addition to demanding a hearing, at the time the answer is filed or
sooner, move the presiding officer to set aside the immediate
effectiveness of the Order on the ground that the Order, including the
need for immediate effectiveness, is not based on adequate evidence but
on mere suspicion, unfounded allegations, or error.
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 effective immediately and 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 21st day of March 2007.
For the Nuclear Regulatory Commission.
Martin J. Virgilio,
Deputy Executive Director for Materials, Waste, Research, State,
Tribal, and Compliance Programs, Office of the Executive Director for
Operations.
[FR Doc. E7-5640 Filed 3-27-07; 8:45 am]
BILLING CODE 7590-01-P
