United States Nuclear Regulatory Commission - Protecting People and the Environment

Escalated Enforcement Actions Issued to Individuals - F

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Name and
NRC Action Number
NRC Action Type Date Issued Description
Mark Ficek
IA-10-028
IAORDER 02/22/2011 On February 22, 2011, the NRC ASLB Hearing Board issued a Memorandum and Order accepting a Settlement and Dismissing the Hearing Proceeding in the matters of Mattingly Testing Services, Inc., (MTS) Order Revoking License (EA-10-100) and Mark M. Ficek Order Prohibiting Engagement in NRC-licensed Activities (IA-10-028) that were both issued on September 2, 2010.  Specifically, the NRC staff and two parties, employees of MTS, who had requested a hearing on the September 2 Orders had agreed to a settlement on February 4, 2011, in lieu of continuing the hearing proceeding.  The Settlement Agreement was forwarded to the ASLB and approved.  The February 22, 2011 Board Order superseded the September 2, 2010 Order Revoking License issued to MTS and the Order Prohibiting Engagement in NRC-licensed Activities issued to Mark M. Ficek.  The Order and Settlement included the following terms and conditions: (1) the MTS license remains revoked and parties agree that it will not be reinstated; (2) Mr. Ficek is prohibited from engaging in NRC-licensed activities until September 2, 2017 (the settlement further defines NRC-licensed activities); (3) for a three year period after September 2, 2017, Mr. Ficek is required to notify NRC of employment involving NRC-licensed activities; (4) Mr. Ficek is allowed non-controlling ownership in an NRC licensee, subject to conditions specified in the settlement prohibiting Mr. Ficek’s engagement in licensed activities; (5) Mr. Ficek is allowed to own and/or sell the radiographic exposure devices that were listed on the former MTS license, subject to conditions specified in the settlement; and, (6) that all parties agree that all further procedural steps before the ASLB and any right to challenge or contest the validity of the Board Order entered into in accordance with the Settlement Agreement, and all rights to seek judicial review or otherwise contest the validity of the Board Order are expressly waived.
IAORDER 09/02/2010 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
IAORDER 06/02/2010 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.
Anthony R. Fortuna
IA-07-069
IAORDER 07/03/2008

On July 3, 2008, a Confirmatory Order was issued as a result of an Alternative Dispute Resolution (ADR), to adjudicate a violation of 10 CFR 50.5, submission of materially inaccurate information, which caused the licensee to be in violation. The agreement resolves an apparent violation of the NRC's deliberate misconduct rule, 10 CFR 50.5 which was identified during an Office of Investigations (OI) investigation.

Specifically, on February 6, 2006, materially inaccurate information was deliberately provided to Hatch Nuclear Plant on a Personal History Questionnaire. As a result, Unescorted Access was gained to the Protected Area of the Hatch Nuclear Plant from February 16 through March 27, 2006. The failure to disclose a prior positive drug test was material because it precluded the licensee from taking the information from this disclosure into consideration when determining trustworthiness and reliability prior to granting access to Hatch Nuclear Plant. The Access Authorization program objectives, as stated in 10 CFR 73.56(b), provide the NRC with high assurance that individuals granted Unescorted Access are trustworthy and reliable, and do not constitute an unreasonable risk to the health and safety of the public.

Page Last Reviewed/Updated Thursday, February 14, 2013