2012 Individual Actions
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On November 6, 2012, the NRC issued Mr. Brandon D. Neff an Order prohibiting involvement in NRC-licensed activities for a period of three years. As a former contract supervisor at Energy Northwest’s Columbia Generating Station (Licensee), Mr. Neff engaged in deliberate misconduct by deliberately providing incomplete or inaccurate information to the licensee. Specifically, on June 2, 2011, while employed at Columbia Generating Station he failed to comply with NRC regulations by attempting to subvert a Fitness-For-Duty drug test and by signing the Licensee's Federal Drug Testing Custody and Control Form attesting that the specimen submitted for the drug test was not adulterated in any manner. The submittal of false information was material to the NRC because random Fitness-For-Duty drug testing is required by NRC regulations in 10 CFR Part 26, “Fitness for Duty Programs.”
On October 10, 2012, the NRC issued a Confirmatory Order to Mr. Timothy M. Goold, former radiographer at JANX Integrity Group (JANX), Inc., confirming commitments reached as part of an alternative dispute resolution (ADR) mediation session. Mr. Goold agreed as part of the ADR session to refrain from engaging in NRC-licensed activities until issuance of the Confirmatory Order and then to have limited work restrictions for a 2-year period from the effective date of the Confirmatory Order. Specifically, these commitments include, but are not limited to, Mr. Goold: (1) being prohibited from engaging in NRC-licensed industrial radiographic operations without direct supervision and working in any type of supervisory position while in NRC jurisdiction; (2) notifying the NRC within 15 days of accepting employment with an NRC or Agreement State licensee and, on a weekly basis, where he will be performing radiography; and (3) taking additional training. On June 25, 2012, the NRC issued a 1-year Prohibition Order to Mr. Goold based on the NRC's determination that Mr. Goold twice engaged in deliberate misconduct in violation of 10 CFR 30.10(a)(1). First, Mr. Goold engaged in deliberate misconduct in violation of 10 CFR 30.10(a)(1) by performing radiography without a second person present causing JANX to be in violation of 10 CFR 34.41(a). Second, Mr. Goold engaged in deliberate misconduct in violation of 10 CFR 30.10(a)(1) when he avoided the NRC inspector by leaving when the inspector tried to question him regarding the whereabouts of the second qualified radiographer, causing JANX to be in violation of 10 CFR 30.52(a). The October 10, 2012, Confirmatory Order replaces the June 25, 2012, Prohibition Order issued to Mr. Goold.
On September 10, 2012, the NRC issued a Confirmatory Order (Effective Immediately) to Mr. James Chaisson to formalize commitments made as a result of an Alternative Dispute Resolution (ADR) mediation session held on July 26, 2012. The commitments were made as part of a settlement agreement between the individual and the NRC regarding apparent violations of NRC requirements. The agreement resolves the apparent deliberate violations involving his failure to: (1) meet two NRC security requirements; and (2) store radioactive material only at a location authorized by its license. The individual agreed to a number of corrective actions, including prohibition for an eighteen-month period from the date of this Order from engaging in NRC-licensed activities, notification to the NRC of any employment with an NRC licensee for a 4-year period after the eighteen-month ban has expired, for a 5½-year period from the date of this Confirmatory Order. Mr. Chaisson must provide, at least 3 days prior to starting work, a copy of the Order to employers who are NRC licensees, and training.
On May 15, 2012, an Order prohibiting Mr. Chaisson, a radiographer, from working in NRC jurisdiction for a period of 3 years was issued. The Order was the result of the radiographer's lack of credibility and his actions were deliberate per 10 CFR 30.10, as he caused the licensee to be violation of NRC requirements. Specifically, while employed by Texas Gamma Ray (TGR) in Rock Springs, Wyoming, he deliberately failed to comply with NRC regulations and TGR's license by storing a radiographic exposure device at a location not authorized by the license, from December 2009 to April 30, 2010. The individual requested ADR. This order was superseded by the above Confirmatory Order.
The September 10, 2012 Confirmatory Order superseded the May 15, 2012 Order. Both orders are superseded by the Prohibition Order issued on July 11, 2014 (IA-14-025).
On May 17, 2012, the NRC issued a Severity Level III Notice of Violation and an Order prohibiting involvement in NRC-licensed activities to Mr. Jaime Sánchez, President, S&R Engineering, S.E. (S&R). This enforcement action is based on Mr. Sánchez’s deliberate violation of 10 CFR 30.10(a)(2): he provided information to the NRC that he knew was inaccurate in some respect material to the NRC. Specifically, on August 3, 2010, Mr. Sánchez stated to the NRC that S&R’s licensed portable nuclear gauge had been transferred to another licensee and that S&R no longer possessed licensed material, when, in fact, S&R still possessed the gauge. In addition, as the President of S&R, he failed to respond to NRC correspondence and communication attempts, and failed to address or correct the misinformation that he provided on August 3, 2010. The Order prohibits Mr. Sánchez from engaging in all NRC-licensed activities for a period of five years, and requires him to notify the NRC, following completion of the five year prohibition, of his first employment involving NRC-licensed activities.