[Federal Register Volume 84, Number 33 (Tuesday, February 19, 2019)]
[Notices]
[Pages 4858-4861]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02667]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[IA-18-043; NRC-2019-0039]
In the Matter of Mr. Randy Bethea
AGENCY: Nuclear Regulatory Commission.
ACTION: Order; issuance.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an
order prohibiting involvement in NRC-licensed activities to Mr. Randy
Bethea. Mr. Bethea was employed as a radiographer at Mistras Group,
Inc., (Mistras). Mr. Bethea engaged in deliberate misconduct in
violation of the regulations that caused Mistras to be in violation of
the regulations and license condition 9.A of its license.
DATES: The Order prohibiting involvement in NRC-licensed activities was
issued on February 13, 2019.
ADDRESSES: Please refer to Docket ID NRC-2019-0039 when contacting the
NRC about the availability of information regarding this document. You
may obtain publicly-available information related to this document
using any of the following methods:
Federal Rulemaking Website: Go to http://www.regulations.gov and search for Docket ID NRC-2019-0039. Address
questions about dockets in Regulations.gov to Krupskaya Castellon;
telephone: 301-287-9221; email: [email protected]. For
technical questions, contact the individual listed in the FOR FURTHER
INFORMATION CONTACT section of this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly available documents online in the
ADAMS Public Document collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS
Search.'' For problems with ADAMS, contact the NRC's Public Document
Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by email
to [email protected]. The ADAMS accession number for each document
referenced (if it is available in ADAMS) is provided the first time
that it is mentioned in this document.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT: Leelavathi Sreenivas, Office of
Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
[[Page 4859]]
001; telephone: 301-287-9249, email: [email protected].
SUPPLEMENTARY INFORMATION: The text of the Order is attached.
Dated at Rockville, Maryland, this 13th day of February 2019.
For the Nuclear Regulatory Commission.
George A. Wilson Jr.,
Acting Director Office of Enforcement.
UNITED STATES OF AMERICA
NUCLEAR REGULATORY COMMISSION
In the Matter of Randy Bethea
IA-18-043
ORDER PROHIBITING INVOLVEMENT IN NRC-LICENSED ACTIVITIES
I
At the time of the incident described below, Mr. Randy Bethea was
employed as a radiographer at Mistras Group, Inc., (Mistras or
licensee) located in Burr Ridge, Illinois. Mistras holds License
No.12[dash]16559[dash]02, as amended on October 31, 2018, by the U.S.
Nuclear Regulatory Commission (NRC or Commission) pursuant to Part 34
of Title 10 of the Code of Federal Regulations (10 CFR). The license
authorizes radiographic operations in accordance with the conditions
specified in the license.
II
On September 8, 2017, a Sinclair Oil Refinery (Sinclair) quality
assurance department employee was reviewing production radiography film
packets provided by a Mistras employee and identified a radiograph of a
human hand. Sinclair staff notified Mistras management personnel of the
radiograph, who verified it was a radiograph of a hand. On the day the
radiograph was submitted to Sinclair staff, only two Mistras employees
were at the Sinclair facility. In a written report, dated October 2,
2017, Mistras' corporate radiation safety officer notified the NRC of
an industrial radiographer possibly exceeding the annual occupational
dose limit in 10 CFR 20.1201(a)(1)(i). The written report also
indicated that the radiographer admitted to intentionally radiographing
his own hand. The NRC staff reviewed the written report and noted
several items concerning NRC regulations for conducting radiographic
operations that required further agency review.
The NRC Office of Investigations (OI), Region III Field Office,
initiated an investigation to determine whether: (1) a radiographer
willfully failed to use iridium-192 for industrial radiography as
authorized by the NRC license issued to Mistras while at a refinery in
Sinclair, Wyoming; (2) a radiographer willfully conducted radiographic
operations without being accompanied by another qualified radiographer
or an individual who has met the necessary training requirements; (3)
Mistras willfully permitted an individual to act as a radiographer
during radiographic operations without wearing on the body a personal
dosimeter that is processed and evaluated by an accredited National
Voluntary Laboratory Accreditation Program processor; (4) a
radiographer willfully failed to conduct a survey of the radiographic
device after each radiographic exposure to determine that the sealed
source had been returned to its shielded position; and (5) Mistras
willfully failed to control the annual occupational dose of an
individual adult to 5 rem.
The Region III OI interviewed a number of individuals including:
(1) Sinclair quality assurance staff; (2) Mistras staff and management;
(3) Mr. Bethea, the Mistras radiographer assigned to the Sinclair site
at the time of the hand radiography; and (4) the radiographer's
assistant assigned to the Sinclair site at the time of the hand
radiography. During the OI investigation, Mr. Bethea admitted to
radiographing his own hand. The individual indicated that he took two
radiographs of his hand. Mr. Bethea indicated that he took the
radiographs of his hand by himself, without the knowledge of the
radiographer's assistant. Mr. Bethea also indicated that he did not
intend to provide the hand radiographs to anyone. However, one of the
hand radiographs was in the packet of radiographs provided to Sinclair
quality assurance staff on September 8, 2017.
During the OI investigation, Mr. Bethea indicated that he wore his
personal dosimeter and performed a survey of the guide tube and
exposure device after each radiographic exposure of his hand. The
results of the OI investigation also indicated the licensee had
originally calculated that Mr. Bethea had received an occupational dose
of 5.311 rem for the year. However, after the licensee performed a
recalculation of Mr. Bethea's exposure using the actual strength of the
source used for the hand radiographs, the licensee determined that the
radiographer's occupational dose was 4.897 rem for the year.
In a letter received by the NRC on January 3, 2019, Mr. Bethea
stated the reason for the violation was too much stress from personal
issues at home including a sick family member. Mr. Bethea also stated
there was no excuse for his actions and that corrective actions
included not working away from home for extended periods of time and
stating that any blatant disrespect to the NRC regulations will never
happen again.
Based on a review of the OI report, training records, statements
from the radiographer, and statements from Mistras personnel, it
appears that on September 8, 2017, Mr. Bethea deliberately radiographed
his own hand, a use not authorized by Condition 9.A of Mistras' NRC
license and contrary to 10 CFR 30.34(c), which limits the use of
radioactive material to the purposes authorized in the license.
III
Based on the above, the NRC has concluded that Mr. Randy Bethea
engaged in deliberate misconduct in violation of 10 CFR 30.10(a)(1)
that caused Mistras to be in violation of 10 CFR 30.34(c) and License
Condition 9.A of its license. The NRC must be able to rely on the
licensee and its employees to comply with NRC requirements. Mr.
Bethea's actions raised serious doubt as to whether he can be relied
upon to comply with NRC requirements.
Consequently, the NRC lacks 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. Bethea were permitted at this time to be
involved in NRC[dash]licensed activities. Therefore, the public's
health, safety, and interest require that Mr. Bethea be prohibited from
any involvement in NRC-licensed activities for a period of one year
from the date of this Order. Additionally, Mr. Bethea is prohibited
from acting as the lead radiographer, or from supervising or directing
radiographic operations, for a period of three years from the date of
this Order. Finally, Mr. Bethea is required to notify the NRC of his
first employment in NRC-licensed activities for a period of one year
following the one-year prohibition period for having any involvement in
NRC licensed activities.
IV
Accordingly, pursuant to sections 81, 161b, 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 THAT:
1. Mr. Randy Bethea is prohibited for one year from the date of
this Order from engaging in, supervising, directing, or in any other
way conducting NRC-licensed activities. NRC[dash]licensed activities
are those activities that are
[[Page 4860]]
conducted pursuant to a specific or general license issued by the NRC,
including, but not limited to, those activities of Agreement State
licensees conducted in the NRC's jurisdiction pursuant to the authority
granted by 10 CFR 150.20.
2. Mr. Randy Bethea is prohibited for three years from the date of
this Order from acting as the lead radiographer, or from supervising or
directing radiographic operations that are conducted pursuant to a
specific or general license issued by the NRC, including, but not
limited to, those activities of Agreement State licensees conducted in
the NRC's jurisdiction pursuant to the authority granted by 10 CFR
150.20.
3. If Mr. Randy Bethea is currently engaged in NRC-licensed
activities with any licensee, he must immediately cease those
activities, and inform the NRC of the name, address and telephone
number of the licensee, and provide a copy of this Order to the
licensee.
4. For a period of one year after the one-year period of
prohibition for conducting NRC[dash]licensed activities has expired,
Mr. Randy Bethea shall, within 20 days of acceptance of his first
employment offer involving NRC-licensed activities or his becoming
involved in NRC-licensed activities, as defined in Paragraph IV.1
above, 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[dash]licensed activities. In the
notification, Mr. Bethea shall include a statement of his commitment to
compliance with regulatory requirements and the basis why the
Commission should have confidence that he will now comply with
applicable NRC requirements.
The Director, Office of Enforcement, or designee, may, in writing,
relax or rescind any of the above conditions upon demonstration by Mr.
Bethea of good cause.
V
In accordance with 10 CFR 2.202, Mr. Bethea must submit a written
answer to this Order under oath or affirmation within 30 days of its
publication in the Federal Register. Mr. Bethea's failure to respond to
this Order could result in additional enforcement action in accordance
with the Commission's Enforcement Policy. Any person adversely affected
by this Order may submit a written answer to this Order within 30 days
of its publication in the Federal Register. In addition, Mr. Bethea and
any other person adversely affected by this Order may request a hearing
on this Order within 30 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 made in writing to the Director, Office of
Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
001, 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 (hereinafter
``petition''), and documents filed by interested governmental entities
participating under 10 CFR 2.315(c), must be filed in accordance with
the NRC's E-Filing rule (72 FR 49139; August 28, 2007, as amended by 77
FR 46562, August 3, 2012). The E-Filing process requires participants
to 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
ten (10) calendar days prior to the filing deadline, the participant
should contact the Office of the Secretary by e-mail at
[email protected], or by telephone at 301-415-1677, to: (1)
request a digital identification (ID) certificate, which allows the
participant (or its counsel or representative) to digitally sign
submissions and access the E-Filing system for any proceeding in which
it is participating; and (2) advise the Secretary that the participant
will be submitting a petition or other adjudicatory document (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/getting-started.html. Once a participant has obtained a
digital ID certificate and a docket has been created, the participant
can then submit adjudicatory documents. Submissions must be in Portable
Document Format (PDF). Additional guidance on PDF submissions is
available on the NRC's public Web site at http://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is considered complete at the
time the document is submitted through the NRC's E[dash]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[dash]Filing system time-stamps the
document and sends the submitter an e-mail notice confirming receipt of
the document. The E-Filing system also distributes an e-mail 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 document on those participants separately. Therefore,
applicants and other participants (or their counsel or representative)
must apply for and receive a digital ID certificate before adjudicatory
documents are filed so that they can obtain access to the documents via
the E-Filing system.
A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC's Electronic
Filing Help Desk through the ``Contact Us'' link located on the NRC's
Public Web site at http://www.nrc.gov/site-help/e-submittals.html, by
e-mail to [email protected], or by a toll-free call at 1-866-672-
7640. The NRC Electronic Filing Help Desk is available between 9 a.m.
and 6 p.m., Eastern Time, Monday through Friday, excluding government
holidays.
Participants who believe that they have 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
stating why there is good cause for not filing electronically and
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, 11555
Rockville Pike, Rockville, Maryland, 20852, Attention: Rulemaking and
Adjudications Staff. Participants filing adjudicatory documents in this
manner are responsible for serving the document on all other
participants. Filing is considered complete by first-class mail
[[Page 4861]]
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
https://adams.nrc.gov/ehd, unless excluded pursuant to an Order of the
Commission or the presiding officer. If you do not have an NRC-issued
digital ID certificate as described above, click ``Cancel'' when the
link requests certificates and you will be automatically directed to
the NRC's electronic hearing dockets where you will be able to access
any publicly available documents in a particular hearing docket.
Participants are requested not to include personal privacy information,
such as social security numbers, home addresses, or personal phone
numbers in their filings, unless an NRC regulation or other law
requires submission of such information. For example, in some
instances, individuals provide home addresses in order to demonstrate
proximity to a facility or site. 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.
The Commission will issue a notice or Order granting or denying a
hearing request or intervention petition, designating the issues for
any hearing that will be held and designating the Presiding Officer. A
notice granting a hearing will be published in the Federal Register and
served on the parties to the hearing.
If a person (other than Randy Bethea) 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 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 thirty (30) calendar days from the date
of issuance of this Order 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.
FOR THE NUCLEAR REGULATORY COMMISSION
George A. Wilson Jr.,
Acting Director Office of Enforcement
Dated this 13\th\ day of February 2019
[FR Doc. 2019-02667 Filed 2-15-19; 8:45 am]
BILLING CODE 7590-01-P