Escalated Enforcement Actions Issued to Individuals - H
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NRC Action Number
|NRC Action Type
|Franklin D. Hayden, Jr.
||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.
||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.
|Ms. Traci Hollingshead
||On May 19, 2022, the NRC issued a confirmatory order (CO) to Ms. Hollingshead confirming commitments reached as a part of an alternate dispute resolution (ADR) mediation settlement agreement between Ms. Hollingshead and the NRC. The ADR mediation and subsequent CO were based on the results of an investigation at Avera McKennan (licensee) in which the NRC identified an apparent violation of Title 10 of the Code of Federal Regulations (10 CFR) 10 CFR 30.10(a)(1) “Deliberate Misconduct” associated with Ms. Hollingshead, the licensee radiation safety officer, for willfully failing to assure that the licensee determined doses of unsealed byproduct material for medical use as required by 10 CFR10 CFR 35.63(a). Ms. Hollingshead disagrees that a violation of 10 CFR 35.63(a) occurred and that deliberate misconduct was associated with the apparent violation. The parties agree to disagree on whether the violation occurred. Additionally, Ms. Hollingshead agreed to complete wide-ranging actions that are expected to improve the licensee program, as fully described in the CO. In consideration of the actions and commitments outlined in the CO, the NRC agrees not to issue a notice of violation for the apparent violation.
|Mr. Justin Hubbard
||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.
Page Last Reviewed/Updated Wednesday, November 02, 2022