[Federal Register Volume 59, Number 54 (Monday, March 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6558]


[[Page Unknown]]

[Federal Register: March 21, 1994]


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NUCLEAR REGULATORY COMMISSION
[IA 94-002]

 

William K. Headley; Order Requiring Notice to Certain Employers 
and Prospective Employers and Notification of NRC of Certain Employment 
in NRC-Licensed Activities (Effective Immediately)

I

    William K. Headley is currently involved in NRC-licensed activities 
as an employee at Morgan County Memorial Hospital, Martinsville, 
Indiana. Morgan County Memorial Hospital (the licensee) is the holder 
of Byproduct Material License No. 13-17449-01 issued by the Nuclear 
Regulatory Commission (NRC or Commission) pursuant to 10 CFR parts 30 
and 35. The license authorizes the possession and use of byproduct 
material for medical use as described in 10 CFR 35.100, 35.200 and 
35.300.

II

    On September 28, 1993, the NRC conducted an inspection at the 
licensee's facility. During the inspection, the NRC identified 
irregularities in the licensee's records of routine daily area 
radiation and weekly area radiation and contamination surveys conducted 
by Mr. Headley. During discussions with the NRC inspector, Mr. Headley 
admitted to deliberately falsifying the survey records and to 
deliberately failing to perform the required daily, and some of the 
required weekly, surveys for the past two and one half years. On 
October 26, 1993 the NRC conducted an enforcement conference in the 
Region III Office with the licensee and Mr. Headley. During the 
enforcement conference, Mr. Headley reaffirmed his statements regarding 
his deliberate failure to perform required surveys and his deliberate 
falsification of survey records to make it appear that they had been 
performed when, in fact, they had not. Mr. Headley stated that one of 
the reasons for his actions was his full workload and his perceived 
need to save time by not doing some activities that he considered of 
minimal safety significance.

III

    As discussed above, Mr. Headley deliberately failed to conduct 
surveys required by 10 CFR 35.70 and, in violation of 10 CFR 30.9, 
deliberately created survey records required to be maintained by 
licensees pursuant to 10 CFR 35.70 and which he knew to be false. 
Further, in violation of 10 CFR 30.10, Mr. Headley, an employee of the 
licensee, has engaged in deliberate misconduct that has caused the 
licensee to be in violation of 10 CFR 35.70 and 10 CFR 30.9.
    The NRC must be able to rely on the Licensee and its employees to 
comply with NRC requirements, including the requirement to maintain 
records that are complete and accurate in all material respects. Mr. 
Headley's actions have raised serious doubt as to whether he can be 
relied upon to comply with NRC requirements and to provide complete and 
accurate information to the NRC.
    The licensee has counseled Mr. Headley that further failures on his 
part will result in the licensee's removal of him from licensed 
activities and may result in his termination by the licensee. The 
licensee has also issued a letter of reprimand to Mr. Headley. Further, 
the licensee has instituted procedures to ensure that each survey is 
observed by the Department Head or designee.
    Given the deliberate nature of Mr. Headley's conduct over an 
extensive period of time, I lack the requisite reasonable assurance 
that licensed activities can be conducted in compliance with the 
Commission's requirements and that the health and safety of the public 
will be protected, if Mr. Headley were permitted at this time to become 
involved in licensed activities, other than those licensed activities 
performed at Morgan County Memorial Hospital, without providing 
specific notice to the NRC and the employing licensee as described 
above. Therefore, the public health, safety, and interest require that 
Mr. Headley be required to: (1) Provide a copy of this Order to any 
employer or prospective employer, other than Morgan County Community 
Hospital, engaged in licensed activities to assure that such employer 
is aware of Mr. Headley's previous history, and (2) notify the NRC of 
any involvement in licensed activities, other than those conducted at 
Morgan County Memorial Hospital, to assure that the NRC can continue to 
monitor the status of Mr. Headley's compliance with the Commission's 
requirements. Furthermore, pursuant to 10 CFR 2.202, I find that the 
significance of the conduct described above is such that the public 
health, safety, and interest require that this Order be immediately 
effective.

IV

    Accordingly, pursuant to sections 81, 161b, 161c, 161i, 161o, 182 
and 186 of the Atomic Energy Act of 1954, as amended, and the 
Commission's regulations in 10 CFR 2.202 and 10 CFR 30.10, it is hereby 
ordered, effective immediately, that:
    1. Should William K. Headley seek employment involving NRC-licensed 
activities during the two year period from the date of this Order, Mr. 
Headley shall provide a copy of this Order to the prospective employer 
at the time that Mr. Headley is soliciting or negotiating employment so 
that the person is aware of the Order prior to making an employment 
decision.
    2. For a two year period from the date of this Order, William K. 
Headley shall, within 10 business days of his acceptance of an 
employment offer involving NRC-licensed activities, provide notice to 
the Director, Office of Enforcement, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555, of the name, address, and telephone 
number of the employer.
    3. If William K. Headley is currently involved in NRC-licensed 
activities at any employer other than Morgan County Community Hospital, 
Mr. Headley shall, within 30 days of the date of this Order, provide a 
copy of this Order to any such employer and provide notice to the 
Director, Office of Enforcement, at the address in 2. above, of the 
name, address, and telephone number of any such employer.
    The Director, Office of Enforcement, may, in writing, relax or 
rescind any of the above conditions upon demonstrations by Mr. Headley 
of good cause.

V

    In accordance with 10 CFR 2.202, William K. Headley must, and any 
other person adversely affected by this Order may, submit an answer to 
this Order, and may request a hearing on this Order, within 20 days of 
the date of this Order. The answer may consent to this Order. Unless 
the answer consents to this Order, the answer shall, in writing and 
under oath or affirmation, specifically admit or deny each allegation 
or charge made in this Order and shall set forth the matters of fact 
and law on which William K. Headley or other person adversely affected 
relies and the reasons as to why the Order should not have been issued. 
Any answer or request for a hearing shall not have been issued. Any 
answer or request for a hearing shall be submitted to the Secretary, 
U.S. Nuclear Regulatory Commission, Attn: Chief, Docketing and Service 
Section, Washington, DC 20555. Copies also shall be sent to the 
Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555, to the Assistant General Counsel for Hearings and 
Enforcement at the same address, to the Regional Administrator, U.S. 
Nuclear Regulatory Commission, Region III, 801 Warrenville Road, Lisle, 
Illinois 60532-4351, and to William K. Headley if the answer or hearing 
request is by a person other than William K. Headley. If a person other 
than William K. Headley requests a hearing, that person shall set forth 
with particularity the manner in which his or her interest is adversely 
affected by this Order and shall address the criteria set forth in 10 
CFR 2.714(d).
    If a hearing is requested by William K. Headley or a person whose 
interest is adversely affected, the Commission will issue an Order 
designating the time and place of any hearing. If a hearing is held, 
the issue to be considered at such hearing shall be whether this Order 
should be sustained.
    Pursuant to 10 CFR 2.202(c)(2)(i), William K. Headley, or any other 
person adversely affected by this Order, may, in addition to demanding 
a hearing, at the time the answer is filed or sooner, move the 
presiding officer to set aside the immediate effectiveness of the Order 
on the ground that the Order, including the need for immediate 
effectiveness, is not based on adequate evidence but on mere suspicion, 
unfounded allegations, or error.
    In the absence of any request for hearing, the provisions specified 
in Section IV above shall be final 20 days from the date of this Order 
without further order or proceedings. An answer or a request for 
hearing shall not stay the immediate effectiveness of this order.

    For the Nuclear Regulatory Commission.

    Dated at Rockville, Maryland this 14th day of March 1994.
Hugh L. Thompson, Jr.,
Deputy Executive Director for Nuclear Materials Safety, Safeguards and 
Operations Support.
[FR Doc. 94-6558 Filed 3-18-94; 8:45 am]
BILLING CODE 7590-01-M