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, 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, Crane
Issue date:	06/27/1986
From:	Partlow J NRC/IE
To:
References
IN-86-054, NUDOCS 8606250024
Download: ML031220695 (2)

113 LSSINS

No.:

6835

UNITED STATES

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

Addressees

All holders of an NRC license authorizing the possession of byproduct, source, or special nuclear material.

Purpose

This notice is provided to alert recipients and their employees of criminal

prosecution that can result for directing unqualified personnel to perform

licensed activities and making material false statements to the NRC.

It is

expected that recipients will review this notice and disseminate it to all of

their employees.

The NRC further suggests that recipients remind their employees

that not only are licensees subject to civil enforcement action for violations

of NRC requirements, but individuals who intentionally violate these requirements.

may also be subject to criminal prosecution.

However, suggestions contained

in this information notice do not constitute NRC requirements; therefore, no

specific action or written response is required.

Description of Circumstances

During an interview conducted by the NRC's Office of Investigations (OI) on

May 15, 1984, the former District Manager and Radiation Safety Officer of the

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

he had allowed an unqualified individual to perform radiography.

Further, he

admitted that he was not truthful with an NRC inspector in August 1984, when

questioned regarding the use of unqualified individuals.

As a result, on

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

licensed activities.

Subsequently, the case was referred to the Department

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

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

plea of deliberate violation of NRC requirements and fined the individual

$2,500.

Further, PTL also pleaded guilty to deliberate violations and making

a material false statement to the NRC.

As a result, PTL was fined $15,000 by

the Court.

Subsequent to the Court's action, the NRC issued a proposed $58,000

civil penalty to PTL on April 17, 1986.

8606250024 E

XE

lR E C E I V E D

l66502 Xze°IJ N

JUL 10 1986 JUL z 1.986 NUC LEARCLEAR

POWERO

UCENSING BRANCHofcEONCLAPWE

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

J. R. Metzger, IE

(301) 492-4947 Attachments:

1. IE Information Notice 85-97

2. List of Recently Issued IE Information Notices