ML20303A206
| ML20303A206 | |
| Person / Time | |
|---|---|
| Site: | Armed Forces Radiobiology Research Institute |
| Issue date: | 11/19/2020 |
| From: | George Wilson NRC/OE |
| To: | Naeem M US Dept of Defense, Armed Forces Radiobiology Research Institute |
| Coleman N | |
| Shared Package | |
| ML20303A201 | List: |
| References | |
| 1-2019-003, EA-20-056 | |
| Download: ML20303A206 (3) | |
Text
November 19, 2020 EA-2020-056 Colonel Mohammad Naeem, Director Armed Forces Radiobiology Research Institute 4301 Jones Bridge Road Bethesda, MD 20814-4799
SUBJECT:
CONFIRMATORY ORDER AND NRC INVESTIGATION REPORT 1-2019-003 -
ARMED FORCES RADIOBIOLOGY RESEARCH INSTITUTE
Dear Colonel Naeem:
The enclosed Confirmatory Order is being issued to you as a result of a successful alternative dispute resolution (ADR) mediation session. The enclosed commitments were made as a part of a settlement agreement between Armed Forces Radiobiology Research Institute (AFRRI) and the U.S. Nuclear Regulatory Commission (NRC). The settlement agreement concerns an apparent violation of an NRC requirement, as discussed in our letter dated June 8, 2020.
Our June 8, 2020, letter provided you with the result of an investigation (1-2019-003) conducted by the NRCs Office of Investigations to determine whether a violation of NRC requirements occurred at AFRRI. Based on the results of this investigation, the NRC determined that AFRRI discriminated against a senior reactor operator, subjecting him to a 2-day suspension without pay, at least in part, for engaging in protected activities. Based on the evidence developed during its investigation, the NRC identified an apparent violation of Title 10 of the Code of Federal Regulations (10 CFR) Part 50.7, Employee Protection.
In the letter, the NRC also offered AFRRI the opportunity to (1) attend a predecisional enforcement conference or (2) participate in an ADR mediation session in an effort to resolve these concerns. In response to the NRCs offer, AFRRI requested the use of the NRCs ADR process to resolve this matter.
On September 18, 2020, an ADR mediation session was held and a preliminary settlement agreement reached. The elements of that agreement, formulated and agreed to at the mediation session, are incorporated in the enclosed Confirmatory Order (Enclosure 1). The Confirmatory Order confirms the commitments made as part of the preliminary settlement agreement.
At the mediation session, you agreed that a Confirmatory Order would be issued in settlement of the apparent violation. In light of the corrective actions you have taken and subject to the satisfactory completion of the additional actions you committed to take, as described in the
Confirmatory Order, the NRC will not issue a Notice of Violation for the apparent violation discussed in the NRCs letter dated June 8, 2020, and will not issue an associated civil penalty.
The NRC is satisfied that its concerns will be addressed by making your commitments legally binding through a Confirmatory Order. As evidenced by the signed Consent and Hearing Waiver Form (Enclosure 2), dated November 10, 2020, you agreed to the issuance of this Confirmatory Order.
Pursuant to Section 223 of the Atomic Energy Act of 1954, as amended, any person who willfully violates, attempts to violate, or conspired to violate, any provision of this Confirmatory Order shall be subject to criminal prosecution as set forth in that section. Violation of this Confirmatory Order may also subject the person to a civil monetary penalty.
Apart from the actions required by the enclosed Confirmatory Order, you are not required to respond to this letter. However, if you choose to provide a response, please provide it to me within 30 days at the following address: Mailstop O14A50, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Should you have questions concerning the enclosed Confirmatory Order, please contact Nicole Coleman at 301-287-9007.
In accordance with 10 CFR 2.390 of the NRC's Rules of Practice, a copy of this letter and its enclosures will be made available electronically for public inspection in the NRC Public Document Room and in the NRCs Agencywide Documents Access and Management System (ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. To the extent possible, your response, if you choose to provide one, should not include any personal privacy, proprietary, or safeguards information so that it can be made available to the public without redaction. The NRC also includes significant enforcement actions on its Web site at (http://www.nrc.gov/reading-rm/doc-collections/enforcement/actions/).
Sincerely, George A. Wilson, Director Office of Enforcement Docket No. 05000170 License No. R-084
Enclosures:
As stated George A.
Wilson Digitally signed by George A. Wilson Date: 2020.11.17 15:01:46 -05'00'
SUBJECT:
CONFIRMATORY ORDER AND NRC INVESTIGATION REPORT 1-2019-003 -
ARMED FORCES RADIOBIOLOGY RESEARCH INSTITUTE DATED: November 19, 2020 DISTRIBUTION:
R. Susko, OGC L. Baer, OGC T. Tate, NRR B. Smith, NRR RI Enforcement Resource D. Willis, OE M. Keefe-Forsyth, OE OE r/f Publicly Available ADAMS Package Accession No.: ML20303A201 Cover Letter: ML20303A206 Confirmatory Order: ML20303A211 FRN: ML20303A217 Waiver Form: ML20322A037 OFFICE OE: CRB NRR OGC/NLO OE: D NAME NColeman BSmith RSusko GWilson DATE 11/06/2020 11/06/2020 11/13/2020 11/19/2020 OFFICIAL RECORD COPY