United States Nuclear Regulatory Commission - Protecting People and the Environment

2016 Individual Actions

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Kevin Brainard (IA-16-043)

On September 30, 2016, the NRC issued a Notice of Violation to Mr. Brainard for a Severity Level III violation of 10 CFR 40.10(a)(1) involving deliberate misconduct that caused his employer Power Resources, Inc., to be in violation of NRC requirements. Specifically, between September 12, 2013, and February 6, 2014, Mr. Brainard documented contamination control exit surveys of contract personnel exiting the licensee's facility when, in fact, the exit surveys were not performed.

Franklin D. Hayden, Jr. (IA-16-039)

On September 1, 2016, the NRC issued a Notice of Violation to Mr. Franklin D. Hayden, Jr. for violations of 10 CFR 55.53(i) "Conditions of licenses," and 10 CFR 50.5(a)(2) "Deliberate misconduct." Specifically for the first violation, Mr. Hayden failed to take medications as prescribed by his personal physician, stood watch as a licensed operator, and thereby failed to meet a condition of his operator’s license. For the second violation, Mr. Hayden knowingly provided incomplete or inaccurate information regarding his medical condition when he signed the review form indicating that the NRC Form 396 “Certification of Medical Examination by Facility Licensee,” submitted by Davis-Besse Nuclear Power Station, was complete and accurate. These two violations represent a Severity Level III problem.

Mr. Justin Hubbard (IA-15-081)

On July 28, 2016, the NRC issued a Notice of Violation to Mr. Justin Hubbard for a Severity Level III violation of 10 CFR 30.10(a) involving deliberate misconduct that caused his employer Tetra Tech EC Inc. (Tetra Tech) to be in violation of 10 CFR 20.1501(a) by deliberately submitting to Tetra Tech information that he knew to be incomplete or inaccurate in some respect material to the NRC. Specifically, on several occasions between November 18, 2011, and June 4, 2012, Mr. Hubbard working as a Radiation Task Supervisor for Tetra Tech, at US Navy's Hunter's Point Naval Shipyard- Parcel C location, in San Francisco, California, directed his staff that soil samples be taken from other areas that were suspected to be less contaminated. As a result, it could have appeared that residual radioactivity within the specific locations in Parcel C was lower than it actually was. Mr. Hubbard also documented on related chain-of-custody forms that the samples had been obtained from the specified locations.

Mr. Martin Ferenc (IA-16-040)

On July 28, 2016, the NRC issued a Notice of Violation to Mr. Martin Ferenc for a Severity Level III violation of 10 CFR 30.10(a)(1) involving deliberate misconduct that caused his employer Applied Technical Services, Inc., to be in violation of NRC requirements. Specifically, on October 20, 2015, while conducting industrial radiography at the National Aeronautics Space Administration Langley Research Center in Hampton, Virginia, Mr. Ferenc did not conspicuously post the area where industrial radiography was being performed with radiation area or high radiation area signs to establish a radiological boundary as required by 10 CFR 34.53 and 10 CFR 20.1902.

Kyle Dickerson (IA-16-026)

On July 11, 2016, the NRC issued a Confirmatory Order to Mr. Kyle Dickerson confirming commitments reached as a result of an alternative dispute resolution mediation session. The session was associated with Mr. Dickerson’s conduct of radiographic operations that resulted in violations to the licensee, Acuren USA, for requirements in 10 CFR 34.51 and 34.53 by failing to conspicuously post the area with radiation area signs, and failing to maintain continuous direct visual surveillance of the operation to protect against unauthorized entry into a high radiation area. The agreement reached on June 3, 2016, included Mr. Dickerson completing such actions as providing training to other radiographers, shadowing a radiation safety officer during the performance of inspections of actual radiographic operations, submit a written document detailing the observations to the NRC, and submitting an article conveying personal lessons learned to an industry publication. In consideration of these commitments from Mr. Dickerson, the NRC agreed to refrain from issuing a Notice of Violation to Mr. Dickerson.

Troy Morehead (IA-16-025)

On July 11, 2016, the NRC issued a Confirmatory Order to Mr. Troy Morehead confirming commitments reached as a result of an alternative dispute resolution mediation session. The session was associated with Mr. Morehead’s conduct of radiographic operations that resulted in violations to the licensee, Acuren USA, for requirements in 10 CFR 34.51 and 34.53 by failing to conspicuously post the area with radiation area signs, and failing to maintain continuous direct visual surveillance of the operation to protect against unauthorized entry into a high radiation area. The agreement reached on June 3, 2016, included Mr. Morehead completing such actions as providing training to other radiographers, shadowing a radiation safety officer during the performance of inspections of actual radiographic operations, submit a written document detailing the observations to the NRC, and submitting an article conveying personal lessons learned to an industry publication. In consideration of these commitments from Mr. Morehead, the NRC agreed to refrain from issuing a Notice of Violation to Mr. Morehead.

Curtis Hofer (IA-16-018)

On June 24, 2016, the NRC issued a Notice of Violation to Mr. Curtis Hofer for a Severity Level III violation of 10 CFR 30.10(a) involving deliberate misconduct that caused his employer, Montana State University, to be in violation of a rule or regulation, and deliberately submitted to the licensee information that he knew to be incomplete or inaccurate in some respect material to the NRC. Specifically, Mr. Hofer caused the licensee to be in violation of 10 CFR 30.9 and Licensed Condition 14.F by documenting leak test results for two Nickel-63 sealed sources that were not leak tested. This information was material to the NRC because maintaining accurate records associated with the performance of leak tests establishes the licensee's control of licensed material and validates that none of the sources were leaking.

Kristen Smith (IA-15-052)

On May 31, 2016, the NRC issued a Notice of Violation to Mrs. Kristen Smith, a former contractor manager employee of Waterford Steam Electric Station (the licensee), for a Severity Level III violation of 10 CFR 50.5, Deliberate Misconduct.  Specifically, on January 13, 2014, Mrs. Smith deliberately provided incomplete and inaccurate information to a licensee's access authorization reviewing official regarding the trustworthiness and reliability of an individual applying for reinstatement of unescorted access.  The individual's unescorted access was subsequently reinstated, when access would not have been reinstated because prior activities had adversely reflected on the individual's trustworthiness and reliability.  Information associated with individual's trustworthiness and reliability is material to the NRC because it is used to reassess an individual's unescorted access as required by regulations in 10 CFR 73.56(f)(3), Behavioral Observation.

Terry LaBue (IA-15-053)

On May 25, 2016, the NRC issued a Notice of Violation to Mr. Terry LaBue, a former supervisor at the Waterford Steam Electric Station (the licensee), for a Severity Level III violation of 10 CFR 50.48, Fire Protection.  Specifically, on December 17, 2013, Mr. LaBue deliberately provided inaccurate and incomplete information regarding the extent of the problem associated with missed fire watch tours and falsified fire watch logs when he initiated a condition report.  In the condition report, Mr. LaBue identified only one individual, although he had information indicating that several individuals had not performed fire watch tours, but had indicated so on the associated fire watch logs.  Condition reports associated with missed fire watches are material to the NRC because they provide evidence of compliance with licensee procedures and NRC requirements.

Stephen Mick (IA 15-079)

On May 13, 2016, the NRC issued a Notice of Violation to Mr. Stephen Mick for a Severity Level III violation of 10 CFR 30.10(a)(1) involving deliberate misconduct that caused his employer Novelis Corporation (Novelis) to be in violation of a condition of its license. Specifically, on September 12 and 13, 2014, Mr. Mick directed a technician to repair nuclear gauze components that were related to the radiological safety of the device and these repairs were specifically prohibited by conditions of Novelis’ NRC license.

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Page Last Reviewed/Updated Tuesday, September 05, 2017