ML25322A279
| ML25322A279 | |
| Person / Time | |
|---|---|
| Site: | 05542415 |
| Issue date: | 12/01/2025 |
| From: | John Monninger NRC Region 4 |
| To: | Gage J - No Known Affiliation |
| References | |
| EAI-RIV-2025-0191, EN 57873 | |
| Download: ML25322A279 (0) | |
Text
December 01, 2025 EAI-RIV-2025-0191 Mr. Joshua Gage
[NOTE: HOME ADDRESS DELETED UNDER 10 CFR 2.390]
SUBJECT:
NOTICE OF VIOLATION, EVENT NOTIFICATION 57873
Dear Mr. Gage:
This letter refers to Event Notification57873 made by Cooper Nuclear Station (CNS) on August 18, 2025, informing the U.S. Nuclear Regulatory Commission (NRC) that you had tested positive for illegal drugs during a follow-up fitness-for-duty (FFD) test conducted at CNS on August 13, 2025. The NRC received additional information from CNS on September 15, 2025, about your confirmed positive FFD test result. Copies of the aforementioned documents have been placed in your Title 10 of the Code of Federal Regulations (10 CFR) Part 55 docket file.
In a letter dated September 26, 2025 (Agencywide Documents Access and Management System [ADAMS] Accession No. ML25267A070), we provided you with the details of the apparent violation, and the opportunity to address the apparent violation by either attending a predecisional enforcement conference or providing a written response before the NRC made its final enforcement decision on this matter. In a letter dated October 24, 2025, you provided a written response to the apparent violation (ADAMS Accession No. ML25321A279).
Based on the information provided to the NRC in the August 18, 2025, notification, the information contained in the September 15, 2025, CNS letter, and the information you provided in your October 24, 2025, written response, the NRC has determined that a violation of 10 CFR 55.53(j) occurred when you used an illegal drug. This violation is cited in the enclosed Notice of Violation (Notice). The use of an illegal drug is a serious matter which undermines the special trust and confidence placed in you as a licensed operator. Therefore, this violation is categorized as a Severity Level III violation in accordance with the NRC Enforcement Policy.
The current Enforcement Policy is included on the NRCs website at http://www.nrc.gov/about-nrc/regulatory/enforcement/enforce-pol.html.
Since you no longer have an NRC license, you are not required to respond to the Notice unless you contest the violation. Should you contest the violation, a response is required within 30 days of the date of this letter addressing the specific basis for disputing the violation. This response should be sent to the U.S. Nuclear Regulatory Commission, ATTN: Regional Administrator, Region IV, 1600 E. Lamar Blvd., Arlington, TX, 76011, and marked Open by Addressee Only -
Response to a Notice of Violation; EAI-RIV-2025-0191.
J. Gage 2
If you reapply for an operator license at Cooper Nuclear Station or apply for an operator license at any other NRC licensed facility, you will need to not only satisfactorily address the requirements of 10 CFR 55.31 and 10 CFR 55.33, but also the requirements of 10 CFR 2.201.
At that time, you will need to submit a written response to this violation to address the reasons for this violation and the actions you have taken to prevent recurrence in order to ensure your ability and willingness to: (1) carry out the special trust and confidence placed in you as a licensed reactor operator; and (2) abide by all FFD and other license requirements and conditions. This response should be sent to the U.S. Nuclear Regulatory Commission, ATTN:
Regional Administrator, Region IV, 1600 E. Lamar Blvd., Arlington, TX, 76011, and marked Open by Addressee Only - Response to a Notice of Violation; EAI-RIV-2025-0191.
In accordance with 10 CFR 2.390 of the NRCs Rules of Practice and Procedure, a copy of this letter, its enclosure, and your response, if you choose to provide one, will be made available electronically for public inspection in the NRC Public Document Room and ADAMS, accessible from the NRCs website at http://www.nrc.gov/reading-rm/adams.html. To the extent possible, your response should not include any personal privacy information so that it can be made available to the public without redaction. The NRC will also make the letter describing the apparent violation dated September 26, 2025, and your written response dated October 24, 2025, publicly available.
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. This system, which is not publicly accessible, includes all records pertaining to individuals who are being or have been considered for enforcement action, whether such action was taken or not. Detailed information about this system of records, including the NRC-3 system notice, can be accessed from the NRC website at http://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.
If you have any questions regarding this matter, you may contact Austin Roberts, Enforcement Specialist, at (817) 200-1209.
Sincerely, John D. Monninger Regional Administrator Docket No. 55-42415 License No. SOP-500991-1
Enclosure:
Notice of Violation Signed by Monninger, John on 12/01/25
ML25322A279 SUNSI Review:
ADAMS:
Non-Publicly Available Non-Sensitive Keyword:
By: ACR Yes No Publicly Available Sensitive RGN4-001 OFFICE ES:ACES OE:DORS/OB BC:DORS/OB BC:DORS/PBC TL:ACES RIV:RC NAME ARoberts PBreidenbach PVossmar DDodson BAlferink DCylkowski SIGNATURE
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DATE 11/17/25 11/18/25 11/20/25 11/18/25 11/18/25 11/19/25 OFFICE NRR OE D:DORS RA NAME EBrothman JPeralta GMiller JMonninger SIGNATURE
/RA/
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DATE 11/25/25 11/21/25 11/25/25 12/01/25
Enclosure NOTICE OF VIOLATION Mr. Joshua Gage Docket No. 55-42415
[NOTE: HOME ADDRESS DELETED License No. SOP-500991-1 UNDER 10 CFR 2.390]
EAI-RIV-2025-0191 As a result of a notification from Cooper Nuclear Station dated August 18, 2025, a violation of NRC requirements was identified. In accordance with the NRC Enforcement Policy, the violation is listed below:
NRC License Number SOP-500991-1, issued to Joshua Gage on April 11, 2023, states, in part, that the 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.
Title 10 CFR Part 55.53(d) states, in part, that the licensee shall observe all applicable rules, regulations, and orders of the Commission.
Title 10 CFR Part 55.53(j) states, in part, that the licensee shall not use, possess, or sell any illegal drugs.
Contrary to the above, on some occasion prior to August 13, 2025, you failed to observe all applicable rules, regulations and orders of the Commission, by using an illegal drug.
Specifically, you used one or more products containing tetrahydrocannabinol (THC). This fact was established on August 18, 2025, when you received a positive, confirmed test result for THC for a random fitness-for-duty test administered on August 13, 2025. The level of THC in the urinalysis sample you provided was greater than the 10 CFR 26.163(a) initial cutoff level of 50 ng/mL and confirmatory cutoff limit of 15 ng/mL.
This is a Severity Level III violation (NRC Enforcement Policy, Sections 6.4.c.3 and 6.4.c.1.a).
The NRC has concluded that you are not required to respond to this letter since you no longer hold an NRC license. 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 position. In that case, or if you choose to respond, clearly mark your response as Open by Addressee Only
- Response to a Notice of Violation; EAI-RIV-2025-0191 and send to the Regional Administrator, Region IV, 1600 E. Lamar Blvd., Arlington, TX, 76011, and email it to R4Enforcement@nrc.gov within 30 days of the date of the letter transmitting this Notice of Violation (Notice).
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, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001 within 30 days of the date of the letter transmitting this Notice.
If you choose to respond, your response will be made available electronically for public inspection in the NRC Public Document Room and in the NRCs Agencywide Document Access and Management System (ADAMS), accessible at http://www.nrc.gov/reading-rm/adams.html.
To the extent possible, your response should not include any personal privacy information so that it can be made available to the public without redaction.
2 If personal privacy information is necessary to provide an acceptable response, then please provide a bracketed copy of your response that identifies the information that should be protected and a redacted copy of your response that deletes such information.
If you request withholding of such material, you must specifically identify the portions of your response that you seek to have withheld and provide in detail the bases for your claim of withholding (e.g., explain why the disclosure of information will create an unwarranted invasion of personal privacy, or provide the information required by 10 CFR 2.390(b) to support a request for withholding confidential commercial or financial information).
Dated this 1st day of December 2025