In the Matter of Mr. Jon Brumer; Order Prohibiting Involvement in NRC-Licensed Activities (Effective Immediately), 5237-5238 [E8-1488]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 73, Number 19 (Tuesday, January 29, 2008)]
[Notices]
[Pages 5237-5238]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-1488]



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NUCLEAR REGULATORY COMMISSION

[IA-07-027]


In the Matter of Mr. Jon Brumer; Order Prohibiting Involvement in 
NRC-Licensed Activities (Effective Immediately)

I

    Mr. Jon Brumer was employed as a security officer by The Wackenhut 
Corporation, which provided security services at Florida Power & Light 
Company's Turkey Point Nuclear Plant (Licensee) during August 2005 
through February 2006. Licensee is the holder of License No. DPR-31 and 
DPR-41, issued by the Nuclear Regulatory Commission (NRC or Commission) 
on July 19, 1972, and April 10, 1973, respectively, pursuant to 10 CFR 
Part 50. The license authorizes the operation of Turkey Point Nuclear 
Plant (facility) in accordance with the conditions specified therein. 
The facility is located on the Licensee's site in Florida City, 
Florida.

II

    On February 16, 2006, the NRC initiated an Augmented Inspection 
Team on-site inspection to review security-related matters at the 
facility. Subsequently, an investigation was initiated by the NRC's 
Office of Investigations (OI) during February 2006, in response to 
concerns identified by the NRC during the on-site inspection. During 
the inspection and investigation, the NRC became aware of an incident 
involving a firing pin that had been removed from a contingency 
response weapon and was subsequently determined to be broken. NRC 
inspection confirmed that the missing firing pin rendered the weapon 
non-functional, and as a result, FPL was determined to be in violation 
of 10 CFR Part 73, Physical Security Plan Section 4.1, and Security 
Force Instruction 2404, Section 2.3, Revision 21.
    On February 19, 2006, Mr. Jon Brumer provided a transcribed 
statement to OI regarding his involvement in the breaking of a firing 
pin that was later determined to be incomplete and inaccurate in a 
material respect. Specifically, Mr. Jon Brumer initially denied having 
any knowledge associated with the broken firing pin event. Mr. Jon 
Brumer later recanted and admitted removing and breaking the firing 
pin. This information was material to the NRC as it was used to inform 
the timing and nature of regulatory actions related to a serious 
security matter at FPL's facility. As a result, Mr. Jon Brumer's 
actions were determined to be in violation of 10 CFR 50.5(a)(2), which 
states, in part, that an employee of a contractor may not deliberately 
submit to the NRC, 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.

III

    Based on the above, the NRC concluded that Mr. Jon Brumer, a former 
employee of The Wackenhut Corporation, has engaged in deliberate 
misconduct that has caused the Licensee to be in violation of 10 CFR 
Part 73, Physical Security Plan Section 4.1, and Security Force 
Instruction 2404, Section 2.3, Revision 21. The NRC must be able to 
rely on the Licensee, its contractors, and its employees to comply with 
NRC requirements. Mr. Jon Brumer's violation of 10 CFR 50.5(a)(1), 
which caused the Licensee to be in violation of 10 CFR Part 73 and the 
Physical Security Plan, and his additional violation of 10 CFR 
50.5(a)(2), have raised serious doubts as to whether he can be relied 
on to comply with NRC requirements.
    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, and that common defense and security will be 
achieved if Mr. Jon Brumer were permitted at this time to be involved 
in NRC-licensed activities. Therefore, the public health, safety and 
interest require that Mr. Jon Brumer be prohibited from any involvement 
in NRC-licensed activities for a period of five years from the date of 
this Order. Additionally, Mr. Jon Brumer is required to notify the NRC 
of his first employment in NRC-licensed activities for a period of 
three years following the prohibition period. Furthermore, pursuant to 
10 CFR 2.202, I find that the significance of Mr. Jon Brumer's 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. Jon Brumer is prohibited for five 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 Mr. Jon Brumer is currently involved with another licensee in 
performing NRC-licensed activities, he 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 five year period of 
prohibition has expired, Mr. Jon Brumer 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. Jon Brumer shall include a 
statement of his commitment to compliance with regulatory requirements 
and the basis for why 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. Jon Brumer of good cause.

V

    In accordance with 10 CFR 2.202, the Mr. Jon Brumer must, and any 
other person adversely affected by this Order may, submit an answer to 
this Order within 20 days of its issuance. In addition, the Mr. Jon 
Brumer and any other person adversely affected by this Order may 
request a hearing on this Order within 20 days of its issuance. 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 
directed to the Director, Office of Enforcement, U.S. Nuclear 
Regulatory Commission, and include a statement of good cause for the 
extension. A request for a hearing must be filed in accordance with the 
NRC E-Filing rule, which the NRC promulgated in August, 2007, 72 FR 
49,139 (Aug. 28, 2007). The E-Filing process requires participants to 
submit and serve documents over the Internet or, in some cases, to mail 
copies on electronic optical storage media. Participants may not submit 
paper

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copies of their filings unless they seek a waiver in accordance with 
the procedures described below. To comply with the procedural 
requirements associated with E-Filing, at least five (5) days prior to 
the filing deadline the requestor must contact the Office of the 
Secretary by e-mail at HEARINGDOCKET@NRC.GOV, or by calling (301) 415-
1677, to request (1) a digital ID certificate, which allows the 
participant (or its counsel or representative) to digitally sign 
documents and access the E-Submittal server for any NRC proceeding in 
which it is participating; and/or (2) creation of an electronic docket 
for the proceeding (even in instances when the requestor (or its 
counsel or representative) already holds an NRC-issued digital ID 
certificate). Each requestor will need to download the Workplace Forms 
Viewer\TM\ to access the Electronic Information Exchange (EIE), a 
component of the E-Filing system. The Workplace Forms Viewer\TM\ is 
free and is available at https://www.nrc.gov/site-help/e-submittals/
install-viewer.html. Information about applying for a digital ID 
certificate also is available on NRC's public Web site at https://
www.nrc.gov/site-help/e-submittals/apply-certificates.html.
    Once a requestor has obtained a digital ID certificate, had a 
docket created, and downloaded the EIE viewer, it can then submit a 
request for a hearing through EIE. Submissions should be in Portable 
Document Format (PDF) in accordance with NRC guidance available on the 
NRC public Web site at https://www.nrc.gov/site-help/e-submittals.html. 
A filing is considered complete at the time the filer submits its 
document through EIE. To be timely, electronic filings must be 
submitted to the EIE 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 e-mail notice confirming 
receipt of the document. The EIE system also distributes an e-mail 
notice that provides access to the document to the NRC 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, any others who wish to participate in the proceeding (or 
their counsel or representative) must apply for and receive a digital 
ID certificate before a hearing request is filed so that they may 
obtain access to the document via the E-Filing system.
    A person filing electronically may seek assistance through the 
``Contact Us'' link located on the NRC Web site at https://www.nrc.gov/
site-help/e-submittals.html or by calling the NRC technical help line, 
which is available between 8:30 a.m. and 4:15 p.m., Eastern Time, 
Monday through Friday. The help line number is (800) 397-4209 or 
locally, (301) 415-4737.
    Participants who believe that they have good cause for not 
submitting documents electronically must file a motion, in accordance 
with 10CFR 2.302(g), with their initial paper filing 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, Sixteenth Floor, One 
White Flint North, 11555 Rockville, Pike, Rockville, Maryland, 20852, 
Attention: Rulemaking and Adjudications Staff. Participants filing a 
document 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.
    Documents submitted in adjudicatory proceedings will appear in 
NRC's electronic hearing docket which is available to the public at 
https://ehd.nrc.gov/EHD_Proceeding/home.asp, unless excluded pursuant 
to an order of the Commission, an Atomic Safety and Licensing Board, or 
a Presiding Officer. Participants are requested not to include personal 
privacy information, such as social security numbers, home addresses, 
or home phone numbers in their filings. 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 works.
    If a person other than the Mr. Jon Brumer 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).
    If a hearing is requested by Mr. Jon Brumer or a person whose 
interest is 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. Pursuant to 10 CFR 2.202(c)(2)(i), Mr. Jon Brumer, 
or any other person adversely affected by this Order, 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 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. An answer 
or a request for hearing shall not stay the immediate effectiveness of 
this order.

    Dated this 22nd day of January 2008.

    For the Nuclear Regulatory Commission.
Cynthia A. Carpenter,
Director, Office of Enforcement.
 [FR Doc. E8-1488 Filed 1-28-08; 8:45 am]
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