IA-24-009, Notice of Violation, NRC Investigation Report 4-2023-016
| ML24269A267 | |
| Person / Time | |
|---|---|
| Site: | South Texas  |
| Issue date: | 10/07/2024 |
| From: | Julio Lara NRC Region 4 |
| To: | Bradshaw J - No Known Affiliation |
| Kramer J | |
| References | |
| IA-24-009 | |
| Download: ML24269A267 (5) | |
Text
October 07, 2024 IA-24-009 James Bradshaw
[NOTE: HOME ADDRESS DELETED UNDER 10 CFR 2.390]
SUBJECT:
NOTICE OF VIOLATION, NRC INVESTIGATION REPORT 4-2023-016
Dear James Bradshaw:
This letter refers to the investigation completed on February 28, 2024, by the U.S. Nuclear Regulatory Commission (NRC) Office of Investigations at the South Texas Project (STP) with a supplemental update completed on May 6, 2024. The investigation was conducted to determine if you, a licensed senior reactor operator at STP, willfully provided incomplete and inaccurate information to STP Nuclear Operating Company (facility licensee) concerning the time frame during which you stopped taking the medications prescribed to maintain medical qualifications, and if you failed to comply with a condition imposed on your license to take medication as prescribed to maintain medical qualifications. A factual summary of the investigation, as it pertains to your actions, was issued as an enclosure to our letter dated July 29, 2024, Agencywide Documents Access and Management System (ADAMS) Accession No. ML24194A114.
In our letter dated July 29, 2024, we provided you the opportunity to address the apparent violations identified in the letter by attending a predecisional enforcement conference or by providing a written response before we made our final enforcement decision. On September 16, 2024, you provided a written response to the apparent violations (ML24274A090).
Based on the information developed during the investigation and the information that you provided in your response to the investigation, the NRC determined that two violations of NRC requirements occurred. These violations are cited in the enclosed Notice of Violation (Notice).
For Violation A, the NRC found sufficient evidence to conclude that you deliberately provided incomplete and inaccurate information multiple times to the facility licensee concerning the time frame during which you stopped taking the medications prescribed to maintain medical qualifications. Therefore, the NRC has determined that you violated Title 10 of the Code of Federal Regulations (10 CFR) 50.5(a)(2). Based on the deliberate nature of this violation, it is categorized at Severity Level III in accordance with the NRC Enforcement Policy. The current Enforcement Policy is included on the NRCs website at http://www.nrc.gov/about-nrc/regulatory/enforcement/enforce-pol.html.
For Violation B, the NRC determined that you failed to comply with a condition imposed by the Commission on your license to take medication as prescribed to maintain medical qualifications.
Therefore, the NRC has determined that you violated 10 CFR 55.53(l). Since you were not performing the functions of a licensed senior operator while you were not taking medication as
J. Bradshaw 2
prescribed to maintain medical qualifications, this violation is categorized at Severity Level IV in accordance with the NRC Enforcement Policy.
You should be aware that if you are involved in NRC-licensed activities in the future, additional deliberate violations of NRC requirements could result in more significant enforcement action or referral to the U.S. Department of Justice for potential criminal prosecution.
The NRC has concluded that you are not required to respond to this letter since you provided a written response to the violations on September 16, 2024, and since you accepted full responsibility for your actions. Should you choose to respond to this letter, please follow the instructions specified in the enclosed Notice.
In accordance with 10 CFR 2.390 of the NRCs Agency Rules of Practice and Procedure, a copy of this letter, its enclosure, and your response, if you choose to provide one, will be made available electronically for public inspection in the NRC Public Document Room or the NRCs ADAMS, accessible from the NRCs website at http://www.nrc.gov/reading-rm/adams.html. The NRC will also make the letter describing the apparent violations dated July 29, 2024, and your written response (redacted) dated September 16, 2024, publicly available.
In addition, this letter will be maintained by the Office of Enforcement in an NRC Privacy Act system of records, NRC-3, Enforcement Actions Against Individuals. This system, which is not publicly accessible, includes all records pertaining to individuals who are being or have been considered for enforcement action, whether such action was taken or not. The NRC-3 system notice, which provides detailed information about this system of records, can be accessed from the NRC website at http://www.nrc.gov/reading-rm/foia/privacy-systems.html. Finally, a copy of this letter will be placed in your 10 CFR Part 55 docket file.
If you have any questions regarding this matter, you may contact John Kramer, Senior Enforcement Specialist, at 817-200-1121.
Sincerely, Julio F. Lara Deputy Regional Administrator Region IV Docket No. 55-42585 License No. SOP-44688-1
Enclosure:
Notice of Violation Signed by Lara, Julio on 10/07/24
ML24269A267 SUNSI Review:
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Enclosure NOTICE OF VIOLATION James Bradshaw Docket No. 55-42585
[NOTE: HOME ADDRESS DELETED License No. SOP-44688-1 UNDER 10 CFR 2.390]
IA-24-009 During an NRC investigation completed on February 28, 2024, with a supplemental update completed on May 6, 2024, two violations of NRC requirements were identified. In accordance with the NRC Enforcement Policy, the violations are listed below:
A. 10 CFR 50.5(a)(2) requires, in part, that any employee of a facility licensee may not deliberately submit to a facility licensee information that the person submitting the information knows to be incomplete or inaccurate in some respect material to the NRC.
Contrary to the above, from April 17 to May 2, 2023, James Bradshaw, a licensed senior reactor operator employed by STP Nuclear Operating Company (facility licensee),
deliberately submitted to the facility licensee information he knew to be incomplete and inaccurate. Specifically, James Bradshaw deliberately submitted incomplete and inaccurate information to the facility licensee concerning the time frame during which he stopped taking the medications prescribed to maintain medical qualifications. This information is material to the NRC because it influences the NRCs licensing decisions concerning medical qualification conditions imposed on the senior reactor operators license.
This is a Severity Level III violation (NRC Enforcement Policy, Section 2.2.1.d).
B. 10 CFR 55.53(l) requires, in part, that the licensee shall comply with any other condition that the Commission may impose.
NRC License Number SOP-44688-1, issued to James Bradshaw on November 12, 2019, requires, in part, that James Bradshaw shall also comply with the following condition: you shall take medication as prescribed to maintain medical qualifications.
Contrary to the above, between January 2022 and January 2023, James Bradshaw failed to comply with a condition imposed by the Commission on the license. Specifically, James Bradshaw failed to take medication as prescribed to maintain medical qualifications as documented in his NRC Form 396, Certification of Medical Examination by Facility Licensee, dated August 19, 2019.
This is a Severity Level IV violation (NRC Enforcement Policy, Section 6.4.d.1(b)).
The NRC has concluded that you are not required to respond to this letter since you provided a written response to the violations on September 16, 2024, and since you accepted full responsibility for your actions. However, you are required to submit a written statement or explanation pursuant to 10 CFR 2.201 if the description therein does not accurately reflect your position. In that case, or if you choose to respond, clearly mark your response as a Reply to a Notice of Violation; IA-24-009 and send it to the Deputy Regional Administrator, U.S. Nuclear Regulatory Commission, Region IV, 1600 E. Lamar Blvd., Arlington, TX 76011-4511, and email it to R4Enforcement@nrc.gov within 30 days of the date of the letter transmitting this Notice of Violation.
2 If you contest this enforcement action, you should also provide a copy of your response, with the basis for your denial, to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001 within 30 days of the date of the letter transmitting this Notice.
If you choose to respond, your response will be made available electronically for public inspection in the NRC Public Document Room and in the NRCs Agencywide Document Access and Management System (ADAMS), accessible at http://www.nrc.gov/reading-rm/adams.html.
To the extent possible, your response should not include any personal privacy information so that it can be made available to the public without redaction.
If personal privacy information is necessary to provide an acceptable response, then please provide a bracketed copy of your response that identifies the information that should be protected and a redacted copy of your response that deletes such information. If you request withholding of such material, you must specifically identify the portions of your response that you seek to have withheld and provide in detail the bases for your claim of withholding (e.g.,
explain why the disclosure of information will create an unwarranted invasion of personal privacy).
Dated this 7th day of October 2024