United States Nuclear Regulatory Commission - Protecting People and the Environment

2010 Individual Actions

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Mark M. Ficek (IA-10-028)

On September 2, 2010, the NRC issued an Order (Immediately Effective) Prohibiting Involvement in NRC Activities to Mr. Mark M. Ficek for multiple deliberate violations of NRC requirements and a violation of Confirmatory Order (IA-08-055). The Order specified that Mr. Ficek is prohibited involvement from all NRC-licensed activities for a period of 7 years, and that Mr. Ficek is required to notify the NRC upon initial involvement in NRC-licensed activities for an additional two years after the 7 year prohibition period expires. Specifically, the NRC found that Mr. Ficek, president of Mattingly Testing Services, Inc., (1) deliberately failed to implement the requirements of Confirmatory Order (EA-08-271), which dispositioned a number of willful violations through alternative dispute resolution in 2009, including conducting an assessment of the licensee’s safety programs and providing safety training to the licensee’s staff; (2) deliberately failed to establish and maintain a prearranged response plan with the Local Law Enforcement Agency (LLEA), as required by Increased Controls Order (EA-05-090), Appendix B, Section IC-2(b); (3) deliberately provided material false information to an NRC inspector during a site visit on March 6, 2007, in violation of 10 CFR 30.10(a)(2), regarding the licensee’s effort to establish a prearranged response plan with the LLEA; (4) deliberately provided material false information to an NRC investigator while under oath on October 22, 2009, in violation of 10 CFR 30.10(a)(2), regarding the licensee’s effort to establish a prearranged response plan with the LLEA; and, (5) violated the provisions of Confirmatory Order (IA-08-055) Section V.1 which specified that Mr. Ficek was prohibited for 2 years from the date of the Order (March 6, 2009) from engaging in NRC-licensed activities since during the 2 year period Mr. Ficek (i) directed the activities of an NRC-required independent consultant, (ii) assumed the duties of the Radiation Safety Officer to determine the reporting requirements of an event involving a lost radiographic exposure device, (iii) applied, on behalf of the licensee, for reciprocity to use radioactive materials in an Agreement State pursuant to Mattingly’s NRC license, and (iv) continued to answer employees’ questions about radiation safety issue and to purchase radiographic exposure devices.

Mary K. Files (IA-09-075)

On June 2, 2010, an Order was issued to Ms. Mary K Files, a contractor working at McGuire Nuclear Station, prohibiting her from involvement in NRC-licensed activities for a period of five years from the date the Order was issued. This enforcement action is based on Ms. Files deliberate failure to adhere to Duke Energy Carolinas, LLC, fitness-for-duty requirements. Specifically, on October 20, 2008, Ms. Files introduced and used marijuana inside the Protected Area at McGuire Nuclear Station.

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Page Last Reviewed/Updated Friday, July 12, 2013