[Federal Register Volume 77, Number 127 (Monday, July 2, 2012)]
[Notices]
[Pages 39270-39273]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-16172]


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NUCLEAR REGULATORY COMMISSION

[NRC-2012-0156; IA-12-014]


In the Matter of Mr. Timothy Goold; Order Prohibiting Involvement 
in NRC-Licensed Activities

I

    Mr. Timothy Goold was employed as a radiographer at JANX Integrity 
Group, Inc. (JANX), at a temporary jobsite on Spy Island, Alaska during 
July 2011. JANX is the holder of the U.S. Nuclear Regulatory Commission 
(NRC or Commission's) Materials License No. 21-16560-01 which 
authorized, at the time, specific activities involving byproduct, 
source, and/or special nuclear material.

II

    On July 27, 2011, the NRC conducted an unannounced inspection of 
JANX's radiographic activities on Spy Island. The inspector observed 
Mr. Goold performing radiography without a second qualified 
radiographer present. When the inspector approached Mr. Goold to 
inquire about the location of the second qualified radiographer, Mr. 
Goold disconnected the camera from the crank and guide tube, placed the 
camera on a snowmobile used to transport it to the radiography truck 
and departed, telling the inspector he would return shortly. When the 
inspector walked to

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the radiography truck, Mr. Goold again left, and avoided the inspector. 
Because the second qualified radiographer also left in order to find 
Mr. Goold, and did not return for approximately 2 hours, the NRC's 
ability to inspect all aspects of JANX's radiographic operations was 
severely impacted. The NRC Office of Investigations (OI) began an 
investigation on October 31, 2011, to determine, in part, whether Mr. 
Goold: (1) Willfully performed radiography without a second person 
present, and (2) willfully impeded the NRC's inspection by avoiding the 
NRC inspector. In the non-public letter dated March 15, 2012, the NRC 
informed Mr. Goold that the NRC was considering escalated enforcement 
action for two apparent violations of Title 10 of the Code of Federal 
Regulations (10 CFR) 30.10, the NRC's deliberate misconduct rule. The 
NRC offered Mr. Goold the opportunity to respond in writing, request a 
predecisional enforcement conference or request alternative dispute 
resolution (ADR) with the NRC in an attempt to resolve issues 
associated with this matter. Mr. Goold provided a written response on 
April 9, 2012.
    Based on the NRC review of the information obtained during the 
inspection, the investigation, and contained in Mr. Goold's letter of 
April 9, 2012, the NRC identified two violations of the NRC's rule 
prohibiting deliberate misconduct, 10 CFR 30.10. First, Mr. Goold 
engaged in deliberate misconduct in violation of 10 CFR 30.10(a)(1) by 
performing radiography without a second person present causing JANX to 
be in violation of 10 CFR 34.41(a). During the investigation, Mr. Goold 
acknowledged performing radiography without a second qualified 
radiographer present and that he understood the requirement. A licensee 
official testified during the investigation that the licensee had 
previously identified an occasion where Mr. Goold had performed 
radiography alone and the licensee had informed him of the 
consequences, should it happen again. The NRC inspector observed the 
second qualified radiographer collect the radiography films and leave 
the area after which Mr. Goold proceeded with radiographic operations.
    Second, Mr. Goold again engaged in deliberate misconduct in 
violation of 10 CFR 30.10(a)(1) when he deliberately avoided the 
inspector by leaving when the inspector questioned him regarding the 
whereabouts of the second qualified radiographer. In addition, when the 
inspector walked over to the radiography truck, Mr. Goold again avoided 
the inspector by leaving the area. This caused JANX to be in violation 
of 10 CFR 30.52(a). During the investigation, Mr. Goold admitted to 
being scared and sitting in the smoke shack during the inspection to 
avoid the inspector.

III

    Based on the above, the NRC has concluded that Mr. Timothy Goold, a 
former employee of JANX engaged in deliberate misconduct that caused 
JANX to be in violation of 10 CFR 34.41(a) and 10 CFR 30.52(a) and 
constitutes a violation of 10 CFR 30.10(a)(1).
    The NRC must be able to rely on the licensees and their employees 
to comply with NRC requirements in order to ensure public health and 
safety. Mr. Goold's actions caused JANX to violate 10 CFR 34.41(a) and 
10 CFR 30.52(a) and have raised serious doubt as to whether he can be 
relied upon to comply with NRC requirements and now and in the future.
    Consequently, 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. Goold were permitted at this time to be 
involved in NRC-licensed activities. Therefore, the public health, 
safety, and interest require that Mr. Goold be prohibited from any 
involvement in NRC-licensed activities for a period of one year from 
the effective date of this Order, as defined in Section V.
    Additionally Mr. Goold is required to notify the NRC of his first 
employment in NRC-licensed activities for a period of one year 
following the prohibition period.

IV

    Accordingly, pursuant to Sections 81, 161b, 161i, 161o, 182 and 186 
of the Atomic Energy Act of 1954, as amended, and the Commission's 
regulations in 10 CFR 2.202, 10 CFR 30.10, 10 CFR Parts 20, 34, and 10 
CFR 150.20, it is hereby ordered that:
    1. Mr. Timothy Goold is prohibited for one year from the effective 
date of this Order, as defined in Section V, from involvement in the 
performance of NRC licensed activities. This includes, but is not 
limited to:
    (a) Industrial radiography for an NRC licensee, including, but not 
limited to, radiography conducted under the authority of a license 
issued pursuant to 10 CFR Part 34; and
    (b) industrial radiography for an Agreement State licensee that is 
conducted in non-Agreement States, in areas of exclusive federal 
jurisdiction within Agreement States, or in offshore waters under an 
NRC general license granted pursuant to 10 CFR 150.20.
    2. If, as of the effective date of this Order, Mr. Goold is 
currently involved in NRC-licensed activities, he must immediately 
cease those activities, and inform the NRC of the name, address and 
telephone number of the employer, and provide a copy of this Order to 
the employer.
    3. For a period of one year after the one year period of 
prohibition has expired, Mr. Goold shall, within 30 days of acceptance 
of his first employment offer involving NRC-licensed activities or his 
becoming involved in NRC-licensed activities, provide notice to the 
Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, of the name, address and telephone number of 
the employer or the entity where he is, or will be, involved in the 
NRC-licensed activities. In the notification, Mr. Goold shall include a 
statement of his commitment to compliance with NRC regulatory 
requirements and the basis for why the Commission should have 
confidence that he will now comply with applicable NRC requirements.
    The Director, Office of Enforcement, may, in writing, relax or 
rescind any of the above conditions upon demonstration by Mr. Goold of 
good cause.

V

    In accordance with 10 CFR 2.202, Mr. Goold must, and any other 
person adversely affected by this Order may, submit an answer to this 
Order within 20 days of its publication in the Federal Register. In 
addition, Mr. Goold and any other person adversely affected by this 
Order may request a hearing on this Order within 20 days of its 
publication in the Federal Register. Where good cause is shown, 
consideration will be given to extending the time to answer or request 
a hearing. A request for extension of time must be directed to the 
Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, 
and include a statement of good cause for the extension.
    All documents filed in NRC adjudicatory proceedings, including a 
request for hearing, a petition for leave to intervene, any motion or 
other document filed in the proceeding prior to the submission of a 
request for hearing or petition to intervene, and documents filed by 
interested governmental entities participating under 10 CFR 2.315(c), 
must be filed in accordance with the NRC E-Filing rule (72 FR 49139; 
August 28, 2007). The E-Filing process requires participants to

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submit and serve all adjudicatory documents over the internet, or in 
some cases to mail copies on electronic storage media. Participants may 
not submit paper copies of their filings unless they seek an exemption 
in accordance with the procedures described below.
    To comply with the procedural requirements of E-Filing, at least 10 
days prior to the filing deadline, the participant should contact the 
Office of the Secretary by email at [email protected], or by 
telephone at 301-415-1677, to request (1) a digital identification (ID) 
certificate, which allows the participant (or its counsel or 
representative) to digitally sign documents and access the E-Submittal 
server for any proceeding in which it is participating; and (2) advise 
the Secretary that the participant will be submitting a request or 
petition for hearing (even in instances in which the participant, or 
its counsel or representative, already holds an NRC-issued digital ID 
certificate). Based upon this information, the Secretary will establish 
an electronic docket for the hearing in this proceeding if the 
Secretary has not already established an electronic docket.
    Information about applying for a digital ID certificate is 
available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/apply-certificates.html. System requirements for accessing 
the E-Submittal server are detailed in the NRC's ``Guidance for 
Electronic Submission,'' which is available on the agency's public Web 
site at http://www.nrc.gov/site-help/e-submittals.html. Participants 
may attempt to use other software not listed on the Web site, but 
should note that the NRC's E-Filing system does not support unlisted 
software, and the NRC Meta System Help Desk will not be able to offer 
assistance in using unlisted software.
    If a participant is electronically submitting a document to the NRC 
in accordance with the E-Filing rule, the participant must file the 
document using the NRC's online, web-based submission form. In order to 
serve documents through the Electronic Information Exchange System, 
users will be required to install a web browser plug-in from the NRC's 
Web site.
    Further information on the web-based submission form, including the 
installation of the Web browser plug-in, is available on the NRC's 
public Web site at http://www.nrc.gov/site-help/e-submittals.html.
    Once a participant has obtained a digital ID certificate and a 
docket has been created, the participant can then submit a request for 
hearing or petition for leave to intervene. Submissions should be in 
Portable Document Format (PDF) in accordance with the NRC guidance 
available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the 
documents are submitted through the NRC's E-Filing system. To be 
timely, an electronic filing must be submitted to the E-Filing system 
no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of 
a transmission, the E-Filing system time-stamps the document and sends 
the submitter an email notice confirming receipt of the document. The 
E-Filing system also distributes an email notice that provides access 
to the document to the NRC's Office of the General Counsel and any 
others who have advised the Office of the Secretary that they wish to 
participate in the proceeding, so that the filer need not serve the 
documents on those participants separately. Therefore, applicants and 
other participants (or their counsel or representative) must apply for 
and receive a digital ID certificate before a hearing request/petition 
to intervene is filed so that they can obtain access to the document 
via the E-Filing system.
    A person filing electronically using the agency's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System 
Help Desk through the ``Contact Us'' link located on the NRC's Web site 
at http://www.nrc.gov/site-help/e-submittals.html, by email at 
[email protected], or by a toll-free call at 1-866-672-7640. The 
NRC Meta System Help Desk is available between 8 a.m. and 8 p.m., 
Eastern Time, Monday through Friday, excluding government holidays.
    Participants who believe that they have a good cause for not 
submitting documents electronically must file an exemption request, in 
accordance with 10 CFR 2.302(g), with their initial paper filing 
requesting authorization to continue to submit documents in paper 
format. Such filings must be submitted by: (1) First class mail 
addressed to the Office of the Secretary of the Commission, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: 
Rulemaking and Adjudications Staff; or (2) courier, express mail, or 
expedited delivery service to the Office of the Secretary, Sixteenth 
Floor, One White Flint North, 11555 Rockville Pike, Rockville, 
Maryland, 20852, Attention: Rulemaking and Adjudications Staff. 
Participants filing a document in this manner are responsible for 
serving the document on all other participants. Filing is considered 
complete by first-class mail as of the time of deposit in the mail, or 
by courier, express mail, or expedited delivery service upon depositing 
the document with the provider of the service. A presiding officer, 
having granted an exemption request from using E-Filing, may require a 
participant or party to use E-Filing if the presiding officer 
subsequently determines that the reason for granting the exemption from 
use of E-Filing no longer exists.
    Documents submitted in adjudicatory proceedings will appear in the 
NRC's electronic hearing docket, which is available to the public at 
http://ehd1.nrc.gov/ehd, unless excluded pursuant to an order of the 
Commission, or the presiding officer. Participants are requested not to 
include personal privacy information, such as social security numbers, 
home addresses, or home phone numbers in their filings, unless an NRC 
regulation or other law requires submission of such information. With 
respect to copyrighted works, except for limited excerpts that serve 
the purpose of the adjudicatory filings and would constitute a Fair Use 
application, participants are requested not to include copyrighted 
materials in their submission.
    If a person other than Mr. Goold requests a hearing, that person 
shall set forth with particularity the manner in which his interest is 
adversely affected by this Order and shall address the criteria set 
forth in 10 CFR 2.309(d) and (f).
    If a hearing is requested by the recipient or a person whose 
interest is adversely affected, the Commission will issue an Order 
designating the time and place of any hearings. If a hearing is held, 
the issue to be considered at such hearing shall be whether this Order 
should be sustained. In the absence of any request for hearing, or 
written approval of an extension of time in which to request a hearing, 
the provisions specified in Section IV above shall be final 20 days 
from the date this Order is published in the Federal Register without 
further order or proceedings. If an extension of time for requesting a 
hearing has been approved, the provisions specified in Section IV shall 
be final when the extension expires if a hearing request has not been 
received.

     Dated this 25th day of June 2012.


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    For the Nuclear Regulatory Commission.
Roy P. Zimmerman,
Director, Office of Enforcement.
[FR Doc. 2012-16172 Filed 6-29-12; 8:45 am]
BILLING CODE 7590-01-P