IA-23-013, Order Prohibiting Involvement in NRC-Licensed Activities, NRC Investigation Report 4-2023-005
| ML23298A161 | |
| Person / Time | |
|---|---|
| Issue date: | 11/30/2023 |
| From: | David Pelton NRC/OE, NRC Region 4 |
| To: | Quitmeyer M - No Known Affiliation |
| Roberts A | |
| References | |
| IA-23-013 | |
| Download: ML23298A161 (13) | |
Text
November 30, 2023
IA-23-013
Magnus Quitmeyer
[NOTE: HOME ADDRESS DELETED UNDER 10 CFR 2.390]
SUBJECT:
ORDER PROHIBITING INVOLVEMENT IN NRC-LICENSED ACTIVITIES, NRC INVESTIGATION REPORT 4-2023-005
Dear Magnus Quitmeyer:
The enclosed Order prohibits your involvement in any U.S. Nuclear Regulatory Commission (NRC) licensed activities for a period of five years. This Order is based on you having twice tested positive for an illegal substance during fitness-for-duty (FFD) tests while you were employed by Arizona Public Services Company (APS) and held an NRC operators license at the Palo Verde Nuclear Generating Station (Palo Verde). It is also based on the results of NRC investigations. The purpose of the Commissions FFD requirements is, in part, to provide reasonable assurance that persons are not under the influence of any substance which in any way adversely affects their ability to safely and competently perform licensed duties. The use of an illegal substance is a serious matter that undermines the trust and confidence placed in you as a licensed operator.
During a random FFD test conducted on August 7, 2020, you tested positive for an illegal substance (marijuana metabolite) while performing duties as a reactor operator at Palo Verde.
This was a violation of Title 10 of the Code of Federal Regulations (10 CFR) 55.53(j), which requires, in part, that the licensee (you) shall not use any illegal drugs and shall not perform activities authorized by a license issued under 10 CFR Part 55 while under the influence of an illegal substance that could adversely affect the ability to safely and competently perform licensed duties. On January 27, 2022, the NRC issued you a letter and Notice of Violation for your deliberate action to violate 10 CFR 55.53(j), Agencywide Documents Access and Management System (ADAMS) Accession No. ML22027A588. Although this was a violation of NRC requirements, APS informed the NRC that it would keep you as a licensed operator and allow you to resume licensed duties upon completion of a treatment plan.
During a random FFD test conducted on September 14, 2022, you again tested positive for marijuana metabolite while performing duties as a reactor operator at Palo Verde. On September 20, 2022, your site unescorted access was put on administrative hold, pending review of the initial positive results. The test result was confirmed on September 26, 2022, and APS terminated your employment. At the request of APS, on October 26, 2022, the NRC terminated your license retroactive to October 13, 2022.
M. Quitmeyer 2
On November 18, 2022, the NRC Office of Investigations, Region IV, initiated an investigation (4-2023-005) to determine if you, a licensed operator employed by APS, were willfully unfit for duty while on shift at Palo Verde. The investigation was completed on June 13, 2023. Based on the evidence developed during the investigation, we conclude that you deliberately used an illegal substance that caused you to be in violation of 10 CFR 55.53(j) again after the 2020 violation.
In a letter dated September 7, 2023 (ML23237B483), we documented a factual summary of the investigation and the details of the apparent violation. In addition, we provided you an opportunity to: (1) respond in writing to the apparent violation in the letter within 30 days of the date of the letter or (2) request a predecisional enforcement conference. The NRC Region IV staff attempted to provide you the letter by both regular and certified United States Postal Service mail. In addition, the NRC Region IV staff attempted several times to contact you by cell phone, text message, and e-mail between September 6 and October 2, 2023, to discuss this enforcement action. You failed to respond to all of the NRC staffs attempts to communicate with you. Therefore, the NRC is proceeding with issuing the enclosed Order.
Because of your two positive FFD test results, and your deliberate actions related to illegal substance use, the NRC lacks the requisite reasonable assurance that you can perform licensed activities in compliance with the Commissions requirements and is issuing you this enclosed Prohibition Order. This action is necessary to provide the NRC with reasonable assurance that the protection of public health and safety will not be compromised by your involvement in NRC-licensed activities.
Pursuant to Section 223 of the Atomic Energy Act of 1954, as amended, any person who willfully violates, attempts to violate, or conspires to violate, any provision of this Order shall be subject to criminal prosecution as set forth in that section. Violation of this order may also subject the person to civil monetary penalty.
In accordance with 10 CFR 2.390 of the NRCs Agency Rules of Practice and Procedure, a copy of this letter and its enclosure will be made available electronically for public inspection in the NRC Public Document Room and from the NRCs ADAMS, accessible from the NRC website at http://www.nrc.gov/reading-rm/adams.html. The NRC will also make the letter describing the apparent violation dated September 7, 2023, 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.
M. Quitmeyer 3 If you have any questions regarding this matter, you may contact Jeremy Groom, Team Lead, Region IV Allegation Coordination and Enforcement Staff at 817-200-1182.
Sincerely, David L. Pelton, Director Office of Enforcement
Enclosure:
Order Prohibiting Involvement in NRC-Licensed Activities Signed by Pelton, David on 11/30/23
ML23298A161 SUNSI Review: ADAMS: Non-Publicly Available Non-Sensitive Keyword:
By: JGK Yes No Publicly Available Sensitive OFFICE SES:ACES TL:ACES C:PBD C:OB RC D:DORS NAME JKramer JGroom JDixon HGepford DCylkowski TClark SIGNATURE /RA/ E /RA/ E /RA/ E /RA/ E /RA/ E /RA/ E DATE 10/25/23 10/25/23 10/26/23 10/26/23 11/06/23 10/26/23 OFFICE RA NRR NSIR OE OGC OE NAME JMonninger RFelts TInverso JPeralta RAugustus DPelton SIGNATURE /RA/ E /RA/ E /RA/ E /RA/ E /NLO/ E /RA/ E DATE 11/06/23 11/08/23 11/13/23 11/15/23 11/15/23 11/30/23 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
In the Matter of )
) IA-23-013 Magnus Lawrence Quitmeyer, Jr. )
)
ORDER PROHIBITING INVOLVEMENT IN NRC-LICENSED ACTIVITIES
I
Magnus Quitmeyer was formerly employed as a reactor operator at Arizona Public
Service Companys (APS) Palo Verde Nuclear Generating Station (Palo Verde). Magnus
Quitmeyer was the holder of reactor operator license No. OP-503382 issued on November 12,
2019, by the U.S. Nuclear Regulatory Commission (NRC or Commission) pursuant to Part 55 of
Title 10 of the Code of Federal Regulations (10 CFR). The license authorized Magnus
Quitmeyer to manipulate the controls of Palo Verde located in Tonopah, Arizona. At the request
of APS, on October 26, 2022, the NRC terminated license No. OP-503382 retroactive to
October 13, 2022.
II
On August 7, 2020, during a random fitness-for-duty (FFD) test, Magnus Quitmeyer
tested positive for an illegal substance (marijuana metabolite) while performing duties as a
reactor operator at Palo Verde. This was a violation of 10 CFR 55.53(j) which requires, in part,
that the licensee (Magnus Quitmeyer) shall not use any illegal drugs and shall not perform
activities authorized by a license issued under 10 CFR Part 55 while under the influence of an
1 illegal substance that could adversely affect the ability to safely and competently perform
licensed duties.
On September 29, 2020, the NRC Office of Investigations (OI), Region IV, initiated an
investigation (4-2020-031) to determine if Magnus Quitmeyer, a licensed operator employed by
APS, was willfully unfit for duty while on shift at Palo Verde. During his OI testimony, Magnus
Quitmeyer indicated that he used another persons prescription marijuana while on vacation
from June 19 to July 6, 2020. Magnus Quitmeyer stated that due to stresses in his life, he threw
caution to the wind and used the marijuana three to four times a day, every day, while on
vacation. Magnus Quitmeyer stated that once he started using marijuana, it was almost like
that, I just kind of blocked it out and I just was like, you know what; Im just going to go on
vacation and do whatever I want, and the consequences be damned. The investigation was
completed on July 14, 2021.
On January 27, 2022, the NRC issued Magnus Quitmeyer a letter and Notice of Violation
for his deliberate action to violate 10 CFR 55.53(j), Agencywide Documents Access and
Management System (ADAMS) Accession No. ML22027A588.
On September 14, 2022, during a random FFD test, Magnus Quitmeyer again tested
positive for an illegal substance (marijuana metabolite) while performing duties as a reactor
operator at Palo Verde and again caused himself to be in violation of 10 CFR 55.53(j). The
positive test was more than 3 times the regulatory limit for tetrahydrocannabinol (THC)
established by NRC regulations and Palo Verde procedures. On September 20, 2022, APS put
his site unescorted access on administrative hold, pending review of the initial positive results.
The test result was confirmed on September 26, 2022, and APS terminated his employment.
2 On November 18, 2022, the NRC OI, Region IV, initiated an investigation (4-2023-005)
to determine if Magnus Quitmeyer, a licensed operator employed by APS, was willfully unfit for
duty while on shift at Palo Verde. During his OI testimony, Magnus Quitmeyer indicated that
beginning around June 2022, he used cannabidiol (CBD) oil as a sleep aid approximately
3-4 times per week over the course of approximately three months due to stresses in his life.
Magnus Quitmeyer stated, in the back of my mind, I knew there was a possibility of this
backfiring or something bad happening, but I just kind of shoved it away and did it. However,
Magnus Quitmeyers testimony that CBD oil was the cause of his September 14, 2022, positive
FFD test was inconsistent with the test results of 53 nanograms/milliliter and the professional
judgement of the Palo Verde medical review officer who testified that it was very unlikely for
even someone very heavily using CBD oil with small amounts of THC to have these test results,
thus, the positive test was more consistent with marijuana use. The investigation was completed
on June 13, 2023.
On September 7, 2023, the NRC issued Magnus Quitmeyer a letter (ML23237B483) that
documented a factual summary of investigation 4-2023-005 and the details of the apparent
violation of 10 CFR 55.53(j). The letter provided Magnus Quitmeyer an opportunity to:
(1) respond in writing to the apparent violation in the letter within 30 days of the date of the letter
or (2) request a predecisional enforcement conference. The NRC Region IV staff attempted to
provide Magnus Quitmeyer the letter by both regular and certified United States Postal Service
mail. In addition, between September 6 and October 2, 2023, the NRC Region IV staff
attempted several times to contact Magnus Quitmeyer by cell phone, text message, and e-mail
to discuss the potential enforcement action. Magnus Quitmeyer failed to respond to all of the
NRC staffs attempts to communicate with him.
3 III
Based on the above, Magnus Quitmeyer deliberately used an illegal substance
(marijuana metabolite) and then performed duties as a reactor operator at Palo Verde. This was
a violation of 10 CFR 55.53(j) which requires, in part, that the licensee (Magnus Quitmeyer)
shall not use any illegal drugs and shall not perform activities authorized by a license issued
under 10 CFR Part 55 while under the influence of an illegal substance that could adversely
affect the ability to safely and competently perform licensed duties. The NRC holds licensed
operators to high performance standards and entrusts them with assuring the public health and
safety in the operation of a nuclear power plant. Incorporated into this trust is the expectation
that licensed operators will follow all NRC requirements.
Consequently, due to Magnus Quitmeyers positive FFD test results on two separate
occasions, and his repeated deliberate actions to use an illegal substance, I lack the requisite
reasonable assurance that licensed activities can be conducted in compliance with the
Commissions requirements and that the health and safety of the public will be protected if
Magnus Quitmeyer were permitted at this time to be involved in the performance of licensed
activities. Therefore, the public health, safety and interest require that Magnus Quitmeyer be
prohibited from any involvement in NRC-licensed activities for a period of five years from the
date of this Order. Additionally, Magnus Quitmeyer is required to notify the NRC of his first
employment in NRC-licensed activities for a period of one year following the prohibition period.
4 IV
Accordingly, pursuant to sections 103, 161b, 161i, 161o, 182, and 186 of the Atomic
Energy Act of 1954, as amended, and the Commission's regulations in 10 CFR 2.202,
10 CFR 50.5, and 10 CFR 150.20, IT IS HEREBY ORDERED THAT:
- 1. Magnus Quitmeyer is prohibited for five years from the date of this Order from engaging
in, supervising, directing, or in any other way conducting NRC-licensed activities.
NRC-licensed activities are those activities that are conducted pursuant to a specific or
general license issued by the NRC, including, but not limited to, those activities of
Agreement State licensees conducted in the NRCs jurisdiction pursuant to the authority
granted by 10 CFR 150.20.
- 2. If Magnus Quitmeyer is currently involved with another licensee in NRC-licensed
activities, he must immediately cease those activities, and inform the NRC by email at
R4Enforcement@nrc.gov of the name, address, and telephone number of the employer,
and provide a copy of this order to the employer.
- 3. For a period of one year after the five year period of prohibition has expired, Magnus
Quitmeyer shall, within 30 days of acceptance of his first employment offer involving
NRC-licensed activities or his becoming involved in NRC-licensed activities, as defined
in Paragraph IV.1 above, provide notice to the Director, Office of Enforcement,
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, and email it to
R4Enforcement@nrc.gov with the name, address, and telephone number of the
employer or the entity where he is, or will be, involved in the NRC-licensed activities. In
the notification, Magnus Quitmeyer shall include a statement of his commitment to
5 compliance with regulatory requirements and the basis why the Commission should
have confidence that he will now comply with applicable NRC requirements.
The Director, Office of Enforcement, or designee, may, in writing, relax or rescind any of
the above conditions upon demonstration by Magnus Quitmeyer of good cause.
V
At this time, Magnus Quitmeyer is not required to respond to this Order; however, if he
chooses to respond, he must submit a written answer to this Order under oath or affirmation
within 30 days of its publication in the Federal Register to the Director, Office of Enforcement,
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. In addition, Magnus
Quitmeyer and any other person adversely affected by this Order may request a hearing on this
Order within 30 days of its publication in the Federal Register. Where good cause is shown,
consideration will be given to extending the time to answer or request a hearing. A request for
extension of time must be directed to the Director, Office of Enforcement, U.S. Nuclear
Regulatory Commission, and include a statement of good cause for the extension.
All documents filed in NRC adjudicatory proceedings, including a request for hearing and
petition for leave to intervene (petition), any motion or other document filed in the proceeding
prior to the submission of a request for hearing or petition to intervene, and documents filed by
interested governmental entities that request to participate under 10 CFR 2.315(c), must be filed
in accordance with the NRCs E-Filing rule (72 FR 49139; August 28, 2007, as amended at
77 FR 46562; August 3, 2012). The E-Filing process requires participants to submit and serve
all adjudicatory documents over the internet, or in some cases to mail copies on electronic
storage media. Detailed guidance on making electronic submissions may be found in the
6 Guidance for Electronic Submissions to the NRC and on the NRC website at
https://www.nrc.gov/site-help/e-submittals.html. Participants may not submit paper copies of
their filings unless they seek an exemption in accordance with the procedures described below.
To comply with the procedural requirements of E-Filing, at least 10 days prior to the filing
deadline, the participant should contact the Office of the Secretary by e-mail at
hearing.docket@nrc.gov, or by telephone at 301-415-1677, to (1) request a digital identification
(ID) certificate, which allows the participant (or its counsel or representative) to digitally sign
submissions and access the E-Filing system for any proceeding in which it is participating; and
(2) advise the Secretary that the participant will be submitting a petition or other adjudicatory
document (even in instances in which the participant, or its counsel or representative, already
holds an NRC-issued digital ID certificate). Based upon this information, the Secretary will
establish an electronic docket for the hearing in this proceeding if the Secretary has not already
established an electronic docket.
Information about applying for a digital ID certificate is available on the NRCs public
website at https://www.nrc.gov/site-help/e-submittals/getting-started.html. Once a participant
has obtained a digital ID certificate and a docket has been created, the participant can then
submit adjudicatory documents. Submissions must be in Portable Document Format (PDF).
Additional guidance on PDF submissions is available on the NRCs public website at
https://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is considered complete at the
time the document is submitted through the NRCs E-Filing system. To be timely, an electronic
filing must be submitted to the E-Filing system no later than 11:59 p.m. Eastern Time on the due
date. Upon receipt of a transmission, the E-Filing system time-stamps the document and sends
the submitter an e-mail notice confirming receipt of the document. The E-Filing system also
distributes an e-mail notice that provides access to the document to the NRCs Office of the
7 General Counsel and any others who have advised the Office of the Secretary that they wish to
participate in the proceeding, so that the filer need not serve the document on those participants
separately. Therefore, applicants and other participants (or their counsel or representative) must
apply for and receive a digital ID certificate before adjudicatory documents are filed so that they
can obtain access to the documents via the E-Filing system.
A person filing electronically using the NRCs adjudicatory E-Filing system may seek
assistance by contacting the NRCs Electronic Filing Help Desk through the Contact Us link
located on the NRCs public website at https://www.nrc.gov/site-help/e-submittals.html, by
e-mail to MSHD.Resource@nrc.gov, or by a toll-free call at 1-866-672-7640. The NRC
Electronic Filing Help Desk is available between 9 a.m. and 6 p.m., Eastern Time, Monday
through Friday, excluding government holidays.
Participants who believe that they have a good cause for not submitting documents
electronically must file an exemption request, in accordance with 10 CFR 2.302(g), with their
initial paper filing stating why there is good cause for not filing electronically and requesting
authorization to continue to submit documents in paper format. Such filings must be submitted
by: (1) first class mail addressed to the Office of the Secretary of the Commission, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemaking and
Adjudications Staff; or (2) courier, express mail, or expedited delivery service to the Office of the
Secretary, 11555 Rockville Pike, Rockville, Maryland 20852, Attention: Rulemaking and
Adjudications Staff. Participants filing adjudicatory documents in this manner are responsible for
serving the document on all other participants. Filing is considered complete by first-class mail
as of the time of deposit in the mail, or by courier, express mail, or expedited delivery service
upon depositing the document with the provider of the service. A presiding officer, having
granted an exemption request from using E-Filing, may require a participant or party to use
8 E-Filing if the presiding officer subsequently determines that the reason for granting the
exemption from use of E-Filing no longer exists.
Documents submitted in adjudicatory proceedings will appear in the NRCs electronic
hearing docket which is available to the public at https://adams.nrc.gov/ehd, unless excluded
pursuant to an order of the Commission or the presiding officer. If you do not have an
NRC-issued digital ID certificate as described above, click cancel when the link requests
certificates and you will be automatically directed to the NRCs electronic hearing dockets where
you will be able to access any publicly available documents in a particular hearing docket.
Participants are requested not to include personal privacy information, such as social security
numbers, home addresses, or personal phone numbers in their filings, unless an NRC
regulation or other law requires submission of such information. For example, in some
instances, individuals provide home addresses in order to demonstrate proximity to a facility or
site. With respect to copyrighted works, except for limited excerpts that serve the purpose of the
adjudicatory filings and would constitute a Fair Use application, participants are requested not to
include copyrighted materials in their submission.
If a person other than Magnus Quitmeyer 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 2.309(d) and (f).
If a hearing is requested by Magnus Quitmeyer or a person whose interest is adversely
affected, the Commission will issue an Order designating the time and place of any hearings. If
a hearing is held, the issue to be considered at such hearing shall be whether this Order should
be sustained. In the absence of any request for hearing, or written approval of an extension of
time in which to request a hearing, the provisions specified in Section IV above shall be final
9 1030 days from the date this Order is published in the Federal Register without further order or proceedings. If an extension of time for requesting a hearing has been approved, the provisions specified in Section IV shall be final when the extension expires if a hearing request has not been received.
FOR THE NUCLEAR REGULATORY COMMISSION David L. Pelton, Director Office of Enforcement Dated this 30th day of November 2023 Signed by Pelton, David on 11/30/23