ML25175A351
| ML25175A351 | |
| Person / Time | |
|---|---|
| Site: | 05575355 |
| Issue date: | 07/07/2025 |
| From: | Jason Kozal NRC/RGN-III/DORS |
| To: | Lemay M - No Known Affiliation |
| Roach G | |
| References | |
| EAI-RIII-2025-0094 | |
| Download: ML25175A351 (1) | |
Text
EAI-RIII-2025-0094 Matthew E. LeMay
[HOME ADDRESS DELETED UNDER 10 CFR 2.390]
SUBJECT:
NOTICE OF VIOLATION AND EXERCISE OF ENFORCEMENT DISCRETION
Dear Mr. LeMay:
This letter refers to the U.S. Nuclear Regulatory Commission (NRC) Region III office review of Event Notification57606 which involved LaSalle Clean Energy Center (Facility Licensee) reporting to the NRC that an employee violated their Fitness for Duty (FFD) policy. On March 13, 2025, you admitted to the Facility Licensee a historical use of an illegal drug during a routine reinvestigation clinical interview. The purpose of the review was to ensure your compliance with Title 10 of the Code of Federal Regulations (10 CFR) Part 55 and with the conditions of your senior reactor operator license.
Based on the information developed during the review of EN 57606, the NRC has determined that a violation of NRC requirements occurred. One Severity Level (SL) IV violation associated with an exercise of enforcement discretion in accordance with Section 3.5 Violations Involving Special Circumstances, of the Enforcement Policy is documented in the attached Notice of Violation (NOV). This violation is being characterized as a NOV consistent with Section 2.3.3 of the Enforcement Policy.
This violation involved the failure of 10 CFR 55.53 (j). Specifically, you disclosed recreational marijuana use while on vacation on or about December 30, 2020, during your 5-year reinvestigation clinical interview. The violation was considered for escalated enforcement action because its circumstances aligned with an SL III violation example in Section 6.4.c.3 of the Enforcement Policy. The Enforcement Policy can be found at the NRCs website https://www.nrc.gov/about-nrc/regulatory/enforcement/enforce-pol.html.
Based on the results of the review of EN 57606, and consultation with the Office of Enforcement and the Regional Administrator, authorization to use enforcement discretion was granted in accordance with Section 3.5 Violations Involving Special Circumstances to categorize this violation as an SL IV violation. The NRC concluded that (1) you self-reported the issue to the Facility Licensee; (2) you were not on site and did not perform licensed duties under the influence of an intoxicating substance; (3) you never failed a subsequent fitness for duty evaluation during the time between the reported use of the illegal drug and when it was disclosed to the facility.
July 7, 2025
M. LeMay 2
Additionally, the NRC was informed that you were administratively removed from performing licensed duties effective March 13, 2025, and that your license was subsequently terminated, effective March 21, 2025. This resulted in you no longer being employed by the facility.
The NRC has concluded that information regarding: (1) the cause of the violation, and (2) the corrective actions to address the violation were adequately addressed by actions taken by you and LaSalle Clean Energy Center. Therefore, you are not required to respond to this letter.
However, should you choose to respond, your response should be sent to the U.S. Nuclear Regulatory Commission, ATTN: Director, Division of Operating Reactor Safety, 2056 Westings Avenue, Suite 400, Naperville IL, 60563-2657, include Enforcement Activity number, EAI-RIII-2025-0094, and marked Open by Addressee Only, within 30 days of the date of this letter. You may contact Diana Betancourt-Roldan, Enforcement/Investigations Officer, if you have any questions at 630-810-4373.
In accordance with 10 CFR 2.390 of the NRC's Agency Rules of Practice and Procedure, enforcement actions are made available electronically for public inspection in the NRC Public Document Room or from the NRCs Agencywide Documents Access and Management System (ADAMS). ADAMS is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html in 45 days unless you provide a sufficient basis to withdraw the violation within the 30 days specified above for responding to the NOV. A copy of this letter and the enclosed NOV with your address removed will be made available to the public unless you provide a sufficient basis to withdraw this violation. The NRC also includes significant enforcement actions on its Web site at http://www.nrc.gov/reading-rm/doc-collections/enforcement/actions.
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. The NRC-3 system notice, which provides detailed information about this system of records, can be accessed from the NRC Web site at https://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.
Should you have any questions concerning this action, please contact Paul Zurawski, Operations Branch Chief, of my staff. Paul Zurawski can be reached at either the address listed above or at 630-829-9631.
Sincerely, Jason Kozal, Director, Division of Operating Reactor Safety Docket No. 055-75355 License No. SOP-503997
Enclosure:
Notice of Violation CERTIFIED MAIL RETURN RECEIPT REQUESTED Signed by Kozal, Jason on 07/07/25
M. LeMay 3
Letter to Matthew E. LeMay from Jason Kozal dated July 7, 2025.
SUBJECT:
NOTICE OF VIOLATION AND EXERCISE OF ENFORCEMENT DISCRETION DISTRIBUTION:
Bo Pham June Cai Juan Peralta John Giessner Mohammed Shuaibi Jason Kozal Billy Dickson Paul Zurawski David Furst Gregory Roach Bryan Bergeon Viktoria Mitlyng Prema Chandrathil Diana Betancourt-Roldan Geoffrey Edwards OEMAIL OE: IA File ADAMS Accession Number: ML25175A351 OFFICE RIII RIII OE OE RIII RIII NAME GRoach:mb GEdwards DFurst DFurst for JPeralta ANguyen for PZurawski JKozal DATE 6/30/25 6/30/25 7/1/25 7/2/25 7/2/25 7/7/25 OFFICIAL RECORD COPY
Enclosure NOTICE OF VIOLATION Matthew E. LeMay Docket No. 055-75355
[NOTE: HOME ADDRESS DELETED License No. SOP-503997 UNDER 10 CFR 2.390]
EAI-RIII-2025-0094 During the performance of review of your admission on March 13, 2025, to the LaSalle County Station Facility Licensee of a historical use of an illegal drug during a routine reinvestigation clinical interview, a violation of U.S. Nuclear Regulatory Commission (NRC) requirements was identified. In accordance with the NRC Enforcement Policy, the violation is listed below:
Operator License No. SOP-503997 states, in part, that this license is subject to the provisions of Title 10 of the Code of Federal Regulations (10 CFR) 55.53, Conditions of Licenses, with the same force and effect as if fully set forth herein.
10 CFR 55.53(j) states, in part, that the licensee shall not use, possess, or sell any illegal drugs.
Contrary to the above, on March 13, 2025, you (the licensee) disclosed recreational use of marijuana, an illegal drug while on vacation on or about December 30, 2020, during your 5-year reinvestigation clinical interview. Specifically, marijuana is classified as a Schedule I drug of section 202 of the Controlled Substances Act [21 U.S.C. 812] and the use of illegal drugs violates the conditions of your NRC Operator License.
This is a Severity Level IV violation (Enforcement Policy Section 6.4).
The NRC has concluded that information regarding: (1) the cause of the violation, and (2) the corrective actions to address the violation were adequately addressed by actions taken by you and LaSalle Clean Energy Center. 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 corrective actions or your position. In that case, or if you choose to respond, clearly mark your response as a Reply to a Notice of Violation; EAI-RIII-2025-0094, and send it to the U.S.
Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, DC 20555-0001, with a copy to the Regional Administrator, Region III, 2056 Westings Avenue, Suite 400, Naperville, IL, 60563-2657, and a copy to the NRC Resident Inspector at the LaSalle Clean Energy Center within 30 days of the date of the letter transmitting this Notice of Violation.
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, United States Nuclear Regulatory Commission, Washington, DC 20555-0001.
If you choose to respond, your response will be made available electronically for public inspection in the NRC Public Document Room or from the NRCs document system (ADAMS),
accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. Therefore, to the extent possible, the response should not include any personal privacy, proprietary, or safeguards information so that it can be made available to the Public without redaction.
Dated this 7th day of July 2025.