ML20059F121
| ML20059F121 | |
| Person / Time | |
|---|---|
| Issue date: | 10/27/1993 |
| From: | Thompson H NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML20059F109 | List: |
| References | |
| NUDOCS 9311040139 | |
| Download: ML20059F121 (9) | |
Text
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UNITED STATES NUCLEAR REGULATORY COMMISSION In the Matter of
)
IA 93-002
)
l George D.
Shepherd
)
}
l ORDER PROHIBITING INVOLVEMENT IN CERTAIN NRC-LICENSED ACTIVITIES (EFFECTIVE IMMEDIATELY)
I George D.
Shepherd has been employed as a radiographer in the field of industrial radiography since 1980.
On approximately June 15, 1992, Mr. Shepherd was hired by Western Stress, Inc.
(WSI or Licensee).
WSI holds Materials License No. 42-26900-01 issued by the Nuclear Regulatory Commission (NRC or Commission) pursuant to 10 CFR Parts 30 and 34.
The license authorizes the conduct of industrial radiography activities in accordance with the conditions specified therein.
II On July 1, 1992, NRC conducted a field inspection of WSI at the Hess Oil Refinery in St. Croix, U.S.
Virgin Islands.
During this inspection, Mr. Shepherd, who was the lead radiographer, and an assistant radiographer were observed performing radiographic operations without alarm ratemeters as required by 10 CFR 34.33(a).
The violation was observed by the inspector as he entered the immediate vicinity of the work area.
When Mr.
Shepherd and the assistant radiographer observed the inspector, the assistant radiographer went to the work vehicle to get the 9311040139 931027 PDR STPRQ ESGGEN PDR 1
6 alarm ratemeters. The inspector also observed that the radiographers had not posted the restricted area during radiographic operations, as required by 10 CFR 34.42, nor had Mr.
Shepherd performed a survey of the exposure device and source guide tube following each radiographic exposure, as required by 10 CFR 34.43(b).
As a result of this inspection, a Notice of Violation and Proposed Imposition of a Civil Penalty was issued to WSI on July 30, 1992.
Between July 29, 1992 and April 30, 1993, an investigation was conducted by the NRC Office of Investigations (OI) to determine whether the conduct of Mr. Shepherd and the assistant radiographer was willful.
Based on that investigation the NRC staff concludes that Mr. Shepherd deliberately and repeatedly violated the NRC requirement to wear an alarm ratemeter during radiographic operations and according to the testimony of the assistant radiographer, encouraged the assistant radiographer to discontinue using his alarm ratemeter.
In addition, based on the investigation, the NRC staff concludes that on July 1, 1992, Mr.
Shepherd deliberately violated the N AC posting and surveying requirements.
Specifically, he was aware of the regulatory I
requirements to rope off and conspicuously post the area in which radiographic operations were being performed and to perform a radiation survey of the entire circumference of the exposure device and the source guide tube after each radiographic i
6 exposure, and yet failed to meet the regulatory requirements of 10 CFR 34.43 and 10 CFR 34.42.
III Based on the above, Mr. Shepherd engaged in deliberate misconduct which caused the licensee to be in violation of 10 CFR 34.33(a),
34.43, 34.42, and 30.10.
The NRC must be able to rely on the Licensee and its employees to comply with NRC requirements, including the requirements to wear alarming ratemeters, to rope off and post the area of radiographic operations, and to perform post-exposure surveys.
Compliance with NRC requirements as to posting and roping of radiation areas is necessary to protect members of the public, including licensee employees, from potential danger.
Performance of a survey of the radiographic device after each exposure is an important safety requirement to prevent overexposures.
Mr. Shepherd's deliberate actions in causing the Licensee to violate these requirements have raised serious doubts as to whether he can be relied on to comply with NRC requirements.
Mr. Shepherd's deliberate misconduct cannot and will not be tolerated.
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. Shepherd were permitted at this I
I 4 time to perform radiographic operations in any area where the NRC maintains jurisdiction.
Therefore, the public health, safety and interest require that Mr. Shepherd be prohibited from performing or supervising licensed activities for either an NRC licensee or an Agreement State licensee (operating in areas of NRC jurisdiction in accordance with 10 CFR 150.20) for a period of two years from the date of this order.
In addition, for a period of two years commencing after the two-year prohibition, Mr.
Shepherd should be required to notify the NRC of his employment by any person (including any entity) engaged in licensed activities under an NRC or Agreement State license (where the work is performed in areas under NRC jurisdiction), so that appropriate inspections can be performed.
During that same two-year period, Mr. Shephard should also be required to provide a copy of this Order to any person employing him and who holds an NRC license or an Agreement State license and performs licensed activities in NRC jurisdiction.
Furthermore, pursuanc to 10 CFR 2.202, I find that the significance of the conduct described above is such that the public health, safety and interest require that this Order be effective immediately.
I IV
]
Accordingly, pursuant to sections 81, 161b, 1611, 161o, 182 and l
186 of the Atomic Energy Act of 1954, as amended, and the
. Commission's regulations in 10 CFR 2.202, 10 CFR 30.10, and 10 CFR 150.20, IT IS HEREBY ORDERED, EFFECTIVE IMMEDIATELY, THAT:
1.
George D.
Shepherd is prohibited for two years from the date of this Order from performing, supervising, or engaging in any way in licensed activities under an NRC license, or an Agreement State license when activities under that license are conducted in areas of NRC jurisdiction pursuant to 10.CFR 150.20.
2.
For a period of two years commencing after the expiration of the two-year period of prohibition, George D.
Shepherd shall notify the Regional Administrator, NRC Region II, 101 Marietta Street, NW, Suite 2900, Atlanta, Georgia 30323, at least five days prior to the performance of licensed activities, of his being employed to perform or supervise such licensed activities.
Licensed activities include those performed for an NRC licensee or an Agreement State licensee doing work in areas of NRC jurisdiction.
The notice shall include the name, address, and telephone number of the NRC or Agreement State licensee and the location where the licensed activities will be performed.
In addition, for i
that same period of two years commencing after completion of the two-year period of prohibition, Mr. Shepherd shall provide a copy of this order to his employer prior to performing licensed activities in areas of NRC jurisdiction
\\
i for any employer holding cither an NRC license or an Agreement State license.
The Regional Administrator, NRC Region II, may, in writing, relax or rescind any of the above conditions upon demonstration by Mr. Shepherd of tood cause.
V In accordance with 10 CFR 24 202, George D.
Shepherd must, and any other person adsersely affected by this Order may, submit an answer to this order, and may request a hearing on this order, within 30 days of the date of this Order.
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 George D.
Shepherd or any other person adversely affected relies and the reasons as to why the Order should not have been issued.
i Any answer or request for a hearing shall be submitted to the l
Secretary, U.S.
Nuclear Regulatory Commission, Attn:
- Chief, Docketing and Service Section, Washington, DC 20555.
Copies also shall be sent to the Director, Office of Enforcement, U.
S.
Nuclear Regulatory Commission, Washington, DC 20555, to the Assistant General Counsel for Hearings and Enforcement at the same address, to the Regional Administrator, NRC Region II, 101 1
i 9 Marietta Street, N. W.,
Suite 2900, Atlanta, Georgia 30323, and to George D.
Shepherd if the answer or hearing request is by a person other than George D.
Shepherd.
If a person other than George D.
Shepherd requests a hearing, that person shall set forth with particularity the manner in which his or her interest is adversely affected by this Order and shall address the criteria set forth in 10 CFR 2.714(d).
If a hearing is requested by George D.
Shepherd 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) (1), George D.
Shepherd, 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 immediata 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, the provisions specified in Section IV above shall be final 20 days from the date of th!.s order without further order or processing.
AN
s s
f ANSWER OR A REQUEST FOR HEARING SHALL NOT STAY THE IMMEDIATE EFFECTIVENESS OF THIS ORDER.
FOR THE NUCLEAR REGULATORY COMMISSION Hug L.
Thomp on, r.
I@mclear Materia uty Exec ive D*
ector for afety, Safeguards and operations Support Dated at Rockville, Maryland thisfr May of October 1993 l
l l
l
Mr. George D.
Shepherd l
l-DISTRIBUTION:
PDR SECY l
CA l
JTaylor, EDO HThompson, DEDS SEbneter, RII JMilhoan, RIV RBernero, NMSS CPaperiello, NMSS LChandler, OGC JLieberman, OE JGoldberg, OGC l
Enforcement Coordinators RI, RII, RIII, RIV, RV i
FIngram, OPA DWilliams, OIG BHayes, OI RBangart, OSP EJordan, AEOD PSantiago, OE GCant, OE IA File DCS t
O