United States Nuclear Regulatory Commission - Protecting People and the Environment

2017 Individual Actions

Mark Sperlich (IA-17-111)

On December 21, 2017, the NRC issued a Severity Level III Notice of Violation to Mr. Mark Sperlich for engaging in deliberate misconduct which caused Avera McKennan, the licensee, to be in violation of 10 CFR 71.5(a), 49 CFR 173.410(f), 49 CFR 172.200(a), 49 CFR 172.300(a), and 49 CFR 172.400(a) and Mr. Sperlich to be in violation of 10 CFR 71.8(b)(1), the Deliberate Misconduct Rule. Specifically, Mr. Sperlich deliberated transported licensed material on public highways from the licensee's main hospital to an off-site authorized facility in a container that did not meet the Department of Transportation requirements for a transport package. In addition, the material was transported without required package marking or labeling, and any required shipping papers.

Devin Caraza (IA-17-030)

On November 8, 2017, the NRC issued a Severity Level III Notice of Violation to Mr. Devin Caraza for violating the requirements of 10 CFR 50.5(a)(1) and 10 CFR 55.49. Mr. Caraza, while employed as a licensed reactor operator by Florida Power & Light's (FP&L) Turkey Point Nuclear Plant, engaged in deliberate misconduct that would have caused FP&L, if not detected by FP&L, to be in violation of 10 CFR 55.49. Specifically, Mr. Caraza attempted to compromised the integrity of a biennial written requalification examination, an examination that is required to be administered by 10 CFR 55.53, Conditions of Licenses.

Toby Lashley (IA-16-049)

On June 1, 2017, the NRC issued an Order prohibiting Toby Lashley from involvement in NRC-licensed activities.  Mr. Lashley (former radiographer) caused his former employer, JANX Integrity Group (JANX), to be in violation of 10 CFR 34.41(a) when Mr. Lashley failed to accompany another radiographer during radiographic operations.  Mr. Lashley will be prohibited from any involvement in NRC-licensed activities for a period of one year and will be required, for one year after the one year prohibition has expired, to notify the NRC within 20 days following acceptance of his first employment offer involving NRC licensed activities.

Kevin Lashley (IA-16-050)

On June 1, 2017, the NRC issued a Notice of Violation to Kevin Lashley for two violations. The violations involved Mr. Lashley's actions as a qualified assistant radiographer where he deliberately failed to: (1) survey the radiographic exposure device and the guide tube with a survey instrument after each exposure when approaching the device as stated in 10 CFR 34.49(b); and (2) conduct operability checks of the radiography exposure device prior to use as stated in 10 CFR 34.31(a).

Mr. Eli Dragomer (IA-17-004)

On May 11, 2017, the NRC issued a Notice of Violation to Mr. Eli Dragomer 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. Dragomer failed to comply with a condition imposed by the Commission on his senior reactor operator license. For the second violation, Mr. Dragomer deliberately submitted to Entergy information that he knew to be incomplete or inaccurate in some respect material to the NRC. These two violations represent a Severity Level III problem.

Pieter van der Heide (IA-16-029)

On March 3, 2017, the NRC issued a Notice of Violation to Mr. Pieter van der Heide for an escalated violation involving aspects of the security program related to the security events at Louisiana Energy Services, LLC (LES) (d/b/a URENCO USA (UUSA)) uranium enrichment facility in Eunice, NM. An investigation conducted by the NRC Office of Investigations determined that a deliberate violation of NRC requirements occurred. Specifically, Mr. van der Heide's deliberate actions caused LES, the licensee, to be in violation of NRC requirements for security-related matters, and Mr. van der Heide to be in violation of 10 CFR 70.10(a)(1), the Deliberate Misconduct rule.

Roy Taylor (IA-17-028)

On March 1, 2017, the NRC issued a Severity Level III violation to Mr. Roy Taylor for failing to comply with 10 CFR 30.10(a)(2) requirements, which states in part, that any employee of a licensee may not deliberately submit to a licensee information that the person submitting the information knows to be incomplete or inaccurate in some respect material to the NRC. Specifically, on July 10, 2014, Mr. Taylor deliberately provided false information in a post-treatment report to Botsford General Hospital that a medical procedure had gone forward as planned, when it had not.

Mr. Casey Pooler (IA-16-075)

On February 15, 2017, the NRC issued Mr. Casey Pooler an Order prohibiting his involvement in NRC-licensed activities for a period of three years and a Severity Level III Notice of Violation. While employed at Seabrook Station, Mr. Pooler engaged in deliberate misconduct, in violation of 10 CFR 50.5(a)(1) by placing his former employer, NextEra Energy Seabrook, LLC., Seabrook Station, in violation of 10 CFR 73.55(k)(2). 10 CFR 73.55(k)(2) requires licensees to ensure that all firearms, ammunition, and equipment necessary to implement the site security plans and protective strategy are in sufficient supply, are in working condition, and are readily available for use. During an investigation Mr. Pooler agreed to meet with an Office of Investigations (OI) agent and stated that he believed he placed the materials in the weapon. He told OI that he did not know why he did it, and adamantly stated that he was not trying to hurt anyone or to assist anyone with gaining access to the site. Mr. Pooler acknowledged that it was reasonable to assume that he did not come forward about what he had done because he was afraid of being fired. Mr. Pooler also affirmed that he was not aware of adverse issues with any other weapons or equipment at the site. Mr. Pooler will be prohibited from any involvement in NRC-licensed activities for a period of three years and will be required to notify the NRC, for one year after the three year prohibition has expired, within 20 days following acceptance of his first employment offer involving NRC-licensed activities.

Curtis Thompson (IA-16-059)

On February 2, 2017, the NRC issued Mr. Curtis Thompson an Order prohibiting involvement in NRC-licensed activities for a period of 1 year. Mr. Thompson engaged in deliberate misconduct, in violation of 10 CFR 30.10(a)(1) by placing his former employer, American Engineering Testing, Inc., in violation of 10 CFR 34.41(a) when he performed industrial radiography without being accompanied by a second qualified individual. During the investigation, Mr. Thompson did not accept responsibility for his actions. He testified that he felt extremely pressured by a client of his former employer, and it was more important to complete the work than to follow NRC regulations. Mr. Thompson will be prohibited from any involvement in NRC-licensed activities for a period of 1 year and will be required to notify the NRC, for 1 year after the 1 year prohibition has expired, within 20 days following acceptance of his first employment offer involving NRC licensed activities.

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Page Last Reviewed/Updated Thursday, May 31, 2018