Information Notice 1986-54, Criminal Prosecution of a Former Radiation Safety Officer Who Willfully Directed an Unqualified Individual to Perform Radiography

Criminal Prosecution of a Former Radiation Safety Officer Who Willfully Directed an Unqualified Individual to Perform Radiography

ML031220695
Person / Time
Site:	Beaver Valley, Millstone, Hatch, Monticello, Calvert Cliffs, Dresden, Davis Besse, Peach Bottom, Browns Ferry, Salem, Oconee, Mcguire, Nine Mile Point, Palisades, Palo Verde, Perry, Indian Point, Fermi, Kewaunee, Catawba, Harris, Wolf Creek, Saint Lucie, Point Beach, Oyster Creek, Watts Bar, Hope Creek, Grand Gulf, Cooper, Sequoyah, Byron, Pilgrim, Arkansas Nuclear, Three Mile Island, Braidwood, Susquehanna, Summer, Prairie Island, Columbia, Seabrook, Brunswick, Surry, Limerick, North Anna, Turkey Point, River Bend, Vermont Yankee, Crystal River, Haddam Neck, Ginna, Diablo Canyon, Callaway, Vogtle, Waterford, Duane Arnold, Farley, Robinson, Clinton, South Texas, San Onofre, Cook, Comanche Peak, Yankee Rowe, Maine Yankee, Quad Cities, Humboldt Bay, La Crosse, Big Rock Point, Rancho Seco, Zion, Midland, Bellefonte, Fort Calhoun, FitzPatrick, McGuire, LaSalle, 05000000, Zimmer, Fort Saint Vrain, Shoreham, Satsop, Trojan, Atlantic Nuclear Power Plant, Skagit, Marble Hill
Issue date:	06/27/1986
From:	Partlow J NRC/IE
To:
References
IN-86-054, NUDOCS 8606250024
Download: ML031220695 (2)

113LSSINS UNITED STATES

No.: 6835 NUCLEAR REGULATORY COMMISSION

'OFFICE OF INSPECTION AND ENFORCEMENT

WASHINGTON, D.C. 20555 June 27, 1986 IE INFORMATION NOTICE NO. 86-54: CRIMINAL PROSECUTION OF A FORMER RADIATION

SAFETY OFFICER WHO WILLFULLY DIRECTED AN

UNQUALIFIED INDIVIDUAL TO PERFORM RADIOGRAPHY

Addressees

of byproduct, source, All holders of an NRC license authorizing the possession

or special nuclear material.

Purpose

of criminal

This notice is provided to alert recipients and their employeespersonnel to perform

prosecution that can result for directing unqualified

false statements to the NRC. It is

licensed activities and making material it to all of

expected that recipients will review this notice and disseminate remind their employees

their employees. The NRC further suggests that recipientsaction for violations

that not only are licensees subject to civil enforcement these requirements.

of NRC requirements, but individuals who intentionally violate contained

may also be subject to criminal prosecution. However, suggestions therefore, no

in this information notice do not constitute NRC requirements;

specific action or written response is required.

Description of Circumstances

(OI) on

During an interview conducted by the NRC's Office of Investigations of the

Safety Officer

May 15, 1984, the former District Manager and Radiation admitted that

Pittsburgh Testing Laboratories (PTL), Cleveland, Ohio, office

perform radiography. Further, he

he had allowed an unqualified individual to August 1984, when

admitted that he was not truthful with an NRC inspector in

on

questioned regarding the use of unqualified individuals. As a result, from all

May 24, 1984, the NRC issued an Order to PTL removing this individual

Department

licensed activities. Subsequently, the case was referred to the the Eastern

of Justice and on February 19, 1986, the U.S. District Judge in

guilty

Division of the Northern District of Ohio accepted the individual's individual

plea of deliberate violation of NRC requirements and fined the

and making

$2,500. Further, PTL also pleaded guilty to deliberate violations fined $15,000 by

a material false statement to the NRC. As a result, PTL was

proposed $58,000

the Court. Subsequent to the Court's action, the NRC issued a

civil penalty to PTL on April 17, 1986.

8606250024 E XE

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IN 86-54 June 27, 1986 Discussion:

Licensees have the responsibility to ensure the safe performance of licensed

activities. In so doing, licensees must not only use trained individuals and

provide adequate procedures, but must also exercise supervision over their

employees to ensure adherence to procedures and NRC requirements. Violations

of

NRC requirements caused by inattention to detail or human error are unacceptable

to the NRC and may result in civil enforcement action. However, violations

caused by intentional acts also may subject corporations and the individual

wrongdoers to criminal prosecution. The criminal sanctions available may include

a prison sentence, as has occurred previously (Reference: IE Information Notice 85-97, copy attached), or may include a criminal fine as occurred in this case.

No specific action or written response is required by this information notice.

If you have any questions about this matter, please contact the Regional

Administrator of the appropriate NRC regional office, or this office.

James G. Partlow, Director

Divis on of Inspection Programs

Office of Inspection and Enforcement

J. R. Metzger, IE

(301) 492-4947 Attachments:

1. IE Information Notice 85-97

2. List of Recently Issued IE Information Notices