Escalated Enforcement Actions Issued to Individuals - B

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Name and
NRC Action Number
NRC Action Type Date Issued Description
Robbie E. Balentine
IA-06-043
IAORDER 04/13/2007 On April 13, 2007, a Confirmatory Order (Effective Immediately) was issued to Mr. Balentine as a result of a settlement agreement entered into as a result of Alternative Dispute Resolution requested by the individual. The settlement agreement acknowledges the NRC and the individual's agreement to disagree that the individual deliberately violated 10 CFR 50.5, "Deliberate Misconduct," when, as Lead Foreman for Stone and Webster Engineering Company, he directed and allowed unauthorized open blasting to be performed inside the torus of the Browns Ferry Nuclear Plant, Unit 1, causing the Browns Ferry Nuclear Plant to be in violation of its procedures associated with radiation protection. The individual did acknowledge that, as Lead Foreman, his communications to employees in the area of safe work practices must be especially clear and unequivocal and that, contrary to this, his communications were poor and failed to convey clear instructions or expectations.
Bradley D. Bastow
IA-14-039
IAORDER 04/04/2015 On August 4, 2015, the NRC issued a Confirmatory Order prohibiting Dr. Bradley D. Bastow, Radiation Safety Officer (RSO) for Cardiology II, P.C, from serving as an RSO until he demonstrates training and his commitment to compliance with regulatory requirements. Dr. Bastow’s continued non-compliances related to ensuring that radioactive materials are used safely, securely, and in compliance with the applicable requirement have resulted in the NRC’s lack of confidence in his capacity as a RSO. This Order does not prevent Dr. Bastow from serving as an authorized user.
Dennis Bergmooser
IA-20-023
IAORDER 07/15/2020 On July 15, 2020, the NRC issued a Notice of Violation to Mr. Dennis Bergmooser, for a Severity Level III problem related to two willful violations. Mr. Bergmooser deliberately caused his former employer, DTE Energy Company, to be in violation of NRC requirements when he willfully failed to establish, implement, and maintain a list of individuals who are authorized to have unescorted access to specific nuclear power plant vital areas during nonemergency conditions as required by Title 10 of the Code of Federal Regulations (10 CFR) 73.56(j). Specifically, Mr. Bergmooser directed an individual, who was not a cognizant licensee or applicant manager or supervisor responsible for directing the work activities, to update and reapprove access to vital areas for multiple individuals and he deliberately failed to satisfy the continuing 30-day behavior observation specified in the licensee’s procedures, in that, he failed to complete the behavioral observations and electronically sign the revalidation. Mr. Bergmooser, as a manager responsible for the revalidations, deliberately directed a nonsupervisory subordinate, who was not trained under 10 CFR 26.29, to perform continuous 30-day behavior observation revalidations.
Joseph Berkich
IA-21-062
IAORDER 03/02/2022 On March 2, 2022, the NRC issued an Order prohibiting Mr. Joseph Berkich from involvement in NRC-licensed activities.  Mr. Berkich, former owner of Steel City Gamma, LLC (SCG), deliberately caused SCG to be in violation of Title 10 of the Code of Federal Regulations (10 CFR) 150.20 and 10 CFR 30.3, when he conducted licensed activities using radiography in NRC jurisdiction without filing for reciprocity and without a specific NRC license.  Specifically, Mr. Berkick will be prohibited from conducting, supervising, directing, or in any other way engaging in NRC-licensed activities for a period of five years and immediately cease all current involvement in NRC-licensed activities.  After the five-year prohibition has expired, Mr. Berkich will be required to notify the NRC, within 20 days following acceptance of his first employment offer involving NRC-licensed activities.
Randy Bethea
IA-18-043
IAORDER 02/13/2019 On February 13, 2019, the NRC issued an Order prohibiting Mr. Randy Bethea from involvement in NRC-licensed activities.  Mr. Bethea deliberately caused his former employer, Mistras Group, Inc., to be in violation of 10 CFR 30.34(c), when he radiographed his own hand. Specifically, Mr. Bethea will be prohibited from any involvement in NRC-licensed activities for a period of one year, and for one year after the one year prohibition has expired, he will be required to notify the NRC, within 20 days following acceptance of his first employment offer involving NRC licensed activities.  In addition, for a period of three years from the effective date of the Order, Mr. Bethea will be prohibited from leading, supervising, or directing radiographic operations involving NRC licensed activities.
Mr. César Blanco
IA-19-033
IANOV 04/23/2020 On April 23, 2020, the NRC issued a Notice of Violation to Mr. César Blanco, for a Severity Level III problem related to two willful violations. Mr. Blanco deliberately caused his former employer, Lantheus Medical Imaging, to be in violation of NRC requirements when he willfully failed to wear dosimetry and willfully submitted incomplete and inaccurate information to the NRC. Specifically, between January 2014 and December 2017, Mr. Blanco deliberately failed to wear required dosimetry when performing work on the cyclotron and on February 14, 2018, he deliberately provided false information to an NRC inspector about his dosimetry use.
Kevin Brainard
IA-16-043
IAORDER 09/30/2016 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.
Landon E. Brittain
IA 13-024
IAORDER 10/28/2013 On October 28, 2013, the NRC issued an immediately effective Order prohibiting involvement in NRC-licensed activities to Mr. Landon E. Brittain, a former Dresden Nuclear Power Station (Dresden) senior reactor operator (SRO) until such time that he can provide reasonable assurance to the NRC that licensed activities can be conducted in compliance with the Commission’s requirements. Specifically, the NRC determined that Mr. Brittain was approached and recruited by a now former Dresden SRO to assist in an armored car robbery. Mr. Brittain’s failure to report this aberrant behavior to Dresden management is a violation of 10 CFR 73.56, “Personnel access authorization requirements for nuclear power plants.” The NRC is also aware that local authorities have charged Mr. Brittain with a number of criminal offenses, including aggravated vehicular hijacking, vehicular hijacking, and obstruction of justice. The NRC has concluded that Mr. Brittain’s failure to report the questionable behavior and his apparent participation in criminal activities have demonstrated a lack of trustworthiness. This enforcement action is necessary to provide the NRC with reasonable assurance that the protection of public health and safety will not be compromised by Mr. Brittain’s involvement in NRC-licensed activities.
Michael J. Buhrman
IA 13-025
IAORDER 10/28/2013 On October 28, 2013, the NRC issued an immediately effective Order prohibiting involvement in NRC-licensed activities to Mr. Michael J. Buhrman, a former Dresden Nuclear Power Station (Dresden) senior reactor operator (SRO) until such time that he can provide reasonable assurance to the NRC that licensed activities can be conducted in compliance with the Commission’s requirements. Specifically, the NRC determined that Mr. Buhrman held conversations with a now former Dresden Station SRO and a former equipment operator, in which Mr. Buhrman either recruited them, or attempted to recruit them to assist him in an armored car robbery. However, prior to executing the armored car robbery, Mr. Buhrman was apprehended by police for hijacking a car at gunpoint, released on bail and fled the country. Mr. Buhrman was later tried in absentia, found guilty of aggravated vehicular hijacking and sentenced to a 40-year prison term. The NRC has concluded that Mr. Buhrman’s criminal activities related to both the carjacking and the planning of an armored car robbery have demonstrated a lack of trustworthiness. This enforcement action is necessary to provide the NRC with reasonable assurance that the protection of public health and safety will not be compromised by Mr. Buhrman’s involvement in NRC-licensed activities.

Page Last Reviewed/Updated Friday, March 11, 2022