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, Three Mile Island, 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
Issue date:	06/27/1986
Revision:	0
From:	Partlow J G NRC/IE
To:
References
IN-86-054, NUDOCS 8606250024
Download: ML031220695 (2)

113 LSSINS No.: 6835UNITED STATESNUCLEAR REGULATORY COMMISSION'OFFICE OF INSPECTION AND ENFORCEMENTWASHINGTON, D.C. 20555June 27, 1986IE INFORMATION NOTICE NO. 86-54: CRIMINAL PROSECUTION OF A FORMER RADIATIONSAFETY OFFICER WHO WILLFULLY DIRECTED ANUNQUALIFIED INDIVIDUAL TO PERFORM RADIOGRAPHY

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 criminalprosecution that can result for directing unqualified personnel to performlicensed activities and making material false statements to the NRC. It isexpected that recipients will review this notice and disseminate it to all oftheir employees. The NRC further suggests that recipients remind their employeesthat not only are licensees subject to civil enforcement action for violationsof NRC requirements, but individuals who intentionally violate these requirements.may also be subject to criminal prosecution. However, suggestions containedin this information notice do not constitute NRC requirements; therefore, nospecific action or written response is required.

Description of Circumstances

During an interview conducted by the NRC's Office of Investigations (OI) onMay 15, 1984, the former District Manager and Radiation Safety Officer of thePittsburgh Testing Laboratories (PTL), Cleveland, Ohio, office admitted thathe had allowed an unqualified individual to perform radiography. Further, headmitted that he was not truthful with an NRC inspector in August 1984, whenquestioned regarding the use of unqualified individuals. As a result, onMay 24, 1984, the NRC issued an Order to PTL removing this individual from alllicensed activities. Subsequently, the case was referred to the Departmentof Justice and on February 19, 1986, the U.S. District Judge in the EasternDivision of the Northern District of Ohio accepted the individual's guiltyplea of deliberate violation of NRC requirements and fined the individual$2,500. Further, PTL also pleaded guilty to deliberate violations and makinga material false statement to the NRC. As a result, PTL was fined $15,000 bythe Court. Subsequent to the Court's action, the NRC issued a proposed $58,000civil penalty to PTL on April 17, 1986.8606250024 E XElR E C E I V E D l66502 Xze°IJ NJUL 10 1986 JUL z 1.986NUC LEARCLEAR POWEROUCENSING BRANCHofcEONCLAPWE IN 86-54June 27, 1986 Discussion:Licensees have the responsibility to ensure the safe performance of licensedactivities. In so doing, licensees must not only use trained individuals andprovide adequate procedures, but must also exercise supervision over theiremployees to ensure adherence to procedures and NRC requirements. Violations ofNRC requirements caused by inattention to detail or human error are unacceptableto the NRC and may result in civil enforcement action. However, violationscaused by intentional acts also may subject corporations and the individualwrongdoers to criminal prosecution. The criminal sanctions available may includea prison sentence, as has occurred previously (Reference: IE Information Notice85-97, 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 RegionalAdministrator of the appropriate NRC regional office, or this office.James G. Partlow, DirectorDivis on of Inspection ProgramsOffice of Inspection and Enforcement

Technical Contact:

J. R. Metzger, IE(301) 492-4947

Attachments:

1. IE Information Notice 85-972. List of Recently Issued IE Information Notices