Mr. James Chaisson; Order Prohibiting Involvement in NRC-Licensed Activities, 30332-30335 [2012-12358]
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[FR Doc. 2012–12470 Filed 5–18–12; 11:15 am]
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VerDate Mar<15>2010
Dated: May 17, 2012.
Rochelle C. Bavol,
Policy Coordinator, Office of the Secretary.
Mr. James Chaisson; Order Prohibiting
Involvement in NRC–Licensed
Activities
I
Mr. James Chaisson was employed
from April 10, 2009, through April 30,
2010, as an area supervisor and lead
radiographer for the Wyoming
operations of Texas Gamma Ray, LLC
(TGR or Licensee), whose corporate
offices are located in Pasadena, Texas.
TGR is the former holder of License No.
42–29303–01 issued on January 6, 2009,
by the U.S. Nuclear Regulatory
Commission (NRC or the Commission),
pursuant to Title 10 of the Code of
Federal Regulations (10 CFR) part 34.
The license authorized industrial
radiographic operations in accordance
with conditions specified therein. The
license was terminated at the licensee’s
request on July 25, 2011.
II
From June 4, 2009, through November
30, 2010, the NRC conducted a safety
and security inspection of the use of
byproduct material for industrial
radiographic operations conducted
under TGR’s former NRC license. As a
result of this inspection, the NRC’s
Office of Investigations (OI), Region IV,
initiated two investigations (OI Report
Nos. 04–2009–066 and 04–2011–034) to
determine, in part, whether Mr.
Chaisson: (1) Deliberately stored
radiographic exposure devices at a
location he knew was not authorized by
TGR’s radioactive material license, and
(2) deliberately failed to implement NRC
security requirements for the use,
storage, and protection of licensed
material for radiographic operations.
By letter dated February 23, 2012
(ML12055A162), the NRC informed Mr.
Chaisson that the NRC was considering
escalated enforcement action for an
apparent violation of the NRC’s
deliberate misconduct rule, 10 CFR
30.10. The NRC offered Mr. Chaisson
the opportunity to request a
predecisional enforcement conference
(PEC), or request alternative dispute
resolution (ADR) with the NRC in an
attempt to resolve issues associated with
this matter. During a March 19, 2012,
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conference call between Mr. Chaisson
and NRC staff, Mr. Chaisson indicated
that he was not interested in a PEC or
ADR. Mr. Chaisson stated that he
would, however, submit a written
response to the NRC’s February 23rd
letter. On March 26, 2012, Region IV
received a written response from Mr.
Chaisson postmarked March 23, 2012
(ML12095A366).
Based on a review of the information
in Mr. Chaisson’s March 2012, letter,
and the results of the inspection and OI
investigations, the NRC has concluded
that Mr. Chaisson twice engaged in
deliberate misconduct in violation of 10
CFR 30.10(a)(1). First, Mr. Chaisson
engaged in deliberate misconduct that
caused Texas Gamma Ray, LLC (TGR),
at the time an NRC licensee, to be in
violation of License Condition 19 of its
NRC Radioactive Material License,
which required TGR to comply with
NRC security requirements. Mr.
Chaisson chose to store a radiographic
exposure device at a leased facility on
Elk Street in Rock Springs, Wyoming,
even though he knew the facility did not
comply with applicable NRC security
requirements pertaining to the use,
storage, and protection of licensed
material. He periodically stored the
radiographic exposure device at this
location from December 2009 through
April 30, 2010.
Second, by storing the radiographic
exposure device at the Elk Street
location, Mr. Chaisson engaged in
deliberate misconduct that caused TGR,
at the time an NRC licensee, to be in
violation of License Condition 11 of its
NRC Radioactive Material License,
which required TGR to limit the storage
of radioactive material approved on the
license to temporary job sites in NRC
jurisdiction. Specifically, Mr. Chaisson
chose to store a radiographic exposure
device at the leased facility on Elk Street
in Rock Springs, Wyoming, even though
he knew the facility was not an
authorized storage location listed on the
license.
Mr. Chaisson is a radiographer with
27 years experience, 8 of those years as
a radiation safety officer (RSO). TGR
assigned him as the area supervisor and
lead radiographer for Wyoming
operations and as such, he was
responsible for TGR’s radiographic
operations in Wyoming. He was listed
as the person to contact in case of an
emergency in Wyoming. Mr. Chaisson
was in possession of a copy of TGR’s
NRC license and was knowledgeable of
the restrictions and security
requirements associated with the use
and storage of radioactive material. Mr.
Chaisson admitted that he stored the
radiographic exposure device at the Elk
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Street location from December 2009
through April 30, 2010. However, Mr.
Chaisson asserted that he had only done
as TGR managers instructed him when
he stored the radiographic exposure
device at the Elk Street location. The
NRC has concluded that this statement
lacks credibility. Mr. Chaisson’s
statements varied each time OI
interviewed him, and again in his
March 2012, letter to the NRC, as to
which manager provided him with the
instruction to store licensed material at
the Elk Street location. At first he
claimed the corporate RSO gave him the
permission, but later when he found out
that the corporate RSO had been out of
the country, and not reachable by
phone, he stated it was the Operations
Manager who gave him the permission.
As a trained RSO, Mr. Chaisson is fully
knowledgeable of the requirements for
storage of radiographic exposure devices
and knew that the devices should not be
stored at a location not authorized by
the license. Also, he had previously met
the security requirements for storing the
radiographic exposure devices inside
his company truck at his former
residence. Yet, he claimed that he was
not responsible for meeting the security
requirements at the leased facility; a
claim disputed by multiple TGR
officials who pointed out he was
responsible for Wyoming operations,
including meeting NRC license
requirements (as he had done at his
residence).
In addition, Mr. Chaisson arranged to
have another NRC licensee lease the Elk
Street facility just prior to the expiration
of TGR’s lease of the same facility. Mr.
Chaisson then went to work for the
other NRC licensee and instructed TGR
to remove their radiographic exposure
devices, which TGR did. Mr. Chaisson
then ensured all the security
requirements were met at the same
facility for his new employer.
The NRC concluded that Mr.
Chaisson’s claims were not credible;
that Mr. Chaisson understood the terms
of TGR’s license and NRC security
requirements; that he knew at the time
that the Elk Street facility was not an
authorized storage location; and that
security requirements had not been met
at that location.
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III
Based on the above, the NRC has
concluded that Mr. James Chaisson, a
former area site supervisor and lead
radiographer employed by Texas
Gamma Ray, LLC, violated 10 CFR
30.10(a)(1) by engaging in deliberate
misconduct that caused Texas Gamma
Ray, LLC, to be in violation of License
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Conditions 11 and 19 of NRC license
42–29303–01.
The NRC must be able to rely on
licensees and their employees to comply
with the NRC requirements, including
the requirement that specific licensees
comply with their license conditions.
Mr. Chaisson’s actions caused the
licensee to violate their license
conditions and have raised serious
doubt as to whether he can be relied
upon to comply with the NRC
requirements and to provide complete
and accurate information to the NRC.
Consequently, I lack the requisite
reasonable assurance that licensed
activities can be conducted in
compliance with the Commission’s
requirements and that health and safety
of the public will be protected if Mr.
Chaisson were permitted at this time to
be involved in NRC-licensed activities.
Therefore, the public health and safety
and interest require that Mr. Chaisson
be prohibited from any involvement in
NRC-licensed activities for a period of 3
years from the effective date of this
Order, as defined in Section V.
Additionally, Mr. Chaisson is required
to notify the NRC of his first
employment in NRC-licensed activities
for a period of 1 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 and 10 CFR
parts 20 and 34, it is hereby ordered
that:
1. Mr. James Chaisson is prohibited
for 3 years from the effective date of this
Order, as defined in Section V, from
engaging in NRC-licensed activities.
NRC-licensed activities are those
activities 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 pursuant to the
authority granted by 10 CFR 150.20.
Specifically, Mr. Chaisson is prohibited
from performing, supervising, assisting
or otherwise engaging in (1) industrial
radiographic operations for an
Agreement State licensee that are
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) industrial radiographic operations
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 (3) any
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30333
other licensed activity under NRC
jurisdiction.
2. As of the effective date of this
Order, if Mr. Chaisson is currently
involved in NRC-licensed activity, 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 1 year after the
3-year period of prohibition has expired,
Mr. Chassion 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 entity where he is, or will be,
involved in the NRC-licensed activities.
In the notification, Mr. Chaisson 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. Chaisson of good
cause.
V
In accordance with 10 CFR 2.202,
Mr. James Chaisson must, and any other
person adversely affected by this Order
may, submit an answer to this Order
within 30 days of its issuance date. In
addition, Mr. Chaisson and any other
person adversely affected by this Order
may request a hearing on this Order
within 30 days of its issuance date.
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 of the extension.
All documents filed in the NRC
adjudicatory proceedings, including a
request for a 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 NRC E–Filing rule
(72 FR 49139, August 28, 2007). The E–
Filing process requires participants to
submit and serve all adjudicatory
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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
hearing.docket@nrc.gov, 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 NRCissued digital certificate). Based on 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 https://
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 https://
www.nrc.gov/site-help/esubmittals.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 https://www.nrc.gov/site-help/esubmittals.html.
Once a participant has obtained a
digital ID certificate and a docket has
been created, the participant can then
submit a request for a hearing or
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17:20 May 21, 2012
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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 https://
www.nrc.gov/site-help/esubmittals.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 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 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
contracting the NRC Meta System Help
Desk thorough the ‘‘Contact Us’’ link
located on the NRC’s Web site at
https://www.nrc/gov/site-help/esubmittals.html, by email at
MSHD.Resource@nrc.gov, 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
extension 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, MD
20852, Attention: Rulemaking and
Adjudications Staff. Participants filing a
document in this manner are
responsible for serving the document on
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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 using 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://
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
submissions.
If a person other than Mr. James
Chaisson 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).
If a hearing is requested by Mr.
Chaisson or any other 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 a hearing shall
be whether this Order should be
sustained. In the absence of any request
for hearing or ADR, or written approval
of an extension of time in which to
request a hearing, the effective date of
this Order (the date that the provisions
specified in Section IV above become
final and effective) shall be 30 days from
the issuance date of this Order without
further order or proceedings. If an
extension of time for requesting a
hearing has been approved, the effective
date of this Order shall be when the
extension expires if a hearing request
has not been received. If a hearing or
ADR is requested, the effective date of
this Order shall be determined in
accordance with the hearing or ADR
process.
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A request for hearing shall not stay
the immediate effectiveness of this
order.
For the Nuclear Regulatory Commission.
Dated at Rockville, MD, this 15th day of
May 2012.
Roy P. Zimmerman,
Director, Office of Enforcement.
[FR Doc. 2012–12358 Filed 5–21–12; 8:45 am]
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[NRC–2012–0113]
Proposed Revision 3 to Standard
Review Plan, Section 19.1 on
Determining the Technical Adequacy
of Probabilistic Risk Assessment for
Risk-Informed License Amendment
Requests After Initial Fuel Load
Nuclear Regulatory
Commission.
ACTION: Solicitation of public comment.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is soliciting public
comment on NUREG–0800, ‘‘Standard
Review Plan for the Review of Safety
Analysis Reports for Nuclear Power
Plants: LWR Edition,’’ on a proposed
Revision 3 to Standard Review Plan
(SRP), Section 19.1, ‘‘Determining the
Technical Adequacy of Probabilistic
Risk Assessment for Risk-Informed
License Amendment Requests After
Initial Fuel Load’’ (Agencywide
Documents Access and Management
System (ADAMS) Accession No.
ML112990771). The Office of New
Reactors and Office of Nuclear Reactor
Regulation are revising SRP Section
19.1, which updates Revision 2
(ADAMS Accession No. ML071700657)
dated June 2007, to reflect the changes
as listed in the description of changes.
These changes include (1) the regulatory
requirements in Title 10 of the Code of
Federal Regulations (10 CFR),
50.71(h)(1), (h)(2), and (h)(3) for new
reactors, (2) applicability of the National
Fire Protection Association 805
transition, and (3) latest information on
probabilistic risk assessment technical
adequacy for risk-informed license
amendment requests after initial fuel
load. A redline document comparing
Revision 2 and the current proposed
Revision 3 can be found under ADAMS
Accession No. ML112990870.
The NRC staff issues Federal Register
notices to facilitate timely
implementation of the current staff
guidance and to facilitate activities
associated with the review of
amendment applications
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SUMMARY:
VerDate Mar<15>2010
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Comments must be filed no later
than 30 days from the date of
publication of this notice in the Federal
Register. Comments received after this
date will be considered, if it is practical
to do so, but the Commission is able to
ensure consideration only for comments
received on or before this date.
ADDRESSES: You may access information
and comment submissions related to
this document by searching on https://
www.regulations.gov under Docket ID
NRC–2012–0113. You may submit
comments by the following methods:
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2012–0113. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–492–3668;
email: Carol.Gallagher@nrc.gov.
• Mail Comments To: Cindy Bladey,
Chief, Rules, Announcements, and
Directives Branch (RADB), Office of
Administration, Mail Stop: TWB–05–
B01M, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001.
• Fax Comments To: RADB at 301–
492–3446.
For additional direction on accessing
information and submitting comments,
see ‘‘Accessing Information and
Submitting Comments’’ in the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT: Ms.
Amy E. Cubbage, Chief, Policy Branch,
Division of Advanced Reactors and
Rulemaking, Office of New Reactors,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555–0001; telephone:
301–415–2875 or email at: amy.
cubbage@nrc.gov.
SUPPLEMENTARY INFORMATION:
DATES:
I. Accessing Information and
Submitting Comments
A. Accessing Information
Please refer to Docket ID NRC–2012–
0113 when contacting the NRC about
the availability of information regarding
this document. You may access
information related to this document,
which the NRC possesses and is
publicly available, by any of the
following methods:
• Federal Rulemaking Web Site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2012–0113.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may access publicly
available documents online in the NRC
Library at https://www.nrc.gov/readingrm/adams.html. To begin the search,
select ‘‘ADAMS Public Documents’’ and
then select ‘‘Begin Web-based ADAMS
Search.’’ For problems with ADAMS,
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please contact the NRC’s Public
Document Room (PDR) reference staff at
1–800–397–4209, 301–415–4737, or by
email to pdr.resource@nrc.gov. The
ADAMS accession number for each
document referenced in this notice (if
that document is available in ADAMS)
is provided the first time that a
document is referenced.
• 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.
B. Submitting Comments
Please include Docket ID NRC–2012–
0113 in the subject line of your
comment submission, in order to ensure
that the NRC is able to make your
comment submission available to the
public in this docket.
The NRC cautions you not to include
identifying or contact information in
comment submissions that you do not
want to be publicly disclosed. The NRC
posts all comment submissions at
https://www.regulations.gov as well as
enters the comment submissions into
ADAMS. The NRC does not routinely
edit comment submissions to remove
identifying or contact information.
If you are requesting or aggregating
comments from other persons for
submission to the NRC, then you should
inform those persons not to include
identifying or contact information in
their comment submissions that they do
not want to be publicly disclosed. Your
request should state that the NRC does
not routinely edit comment submissions
to remove such information before
making the comment submissions
available to the public or entering the
comment submissions into ADAMS.
The NRC is issuing this notice to
solicit public comments on this SRP
section 19.1, Revision 3. After the NRC
staff considers public comments, it will
make a determination regarding
issuance of the final guidance.
Dated at Rockville, Maryland, this 14th day
of May 2012.
For the Nuclear Regulatory Commission.
Amy E. Cubbage,
Chief, Policy Branch, Division of Advanced
Reactors and Rulemaking, Office of New
Reactors.
[FR Doc. 2012–12359 Filed 5–21–12; 8:45 am]
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[Docket Nos. MC2012–22 and CP2012–28;
Order No. 1345]
Product List Changes
AGENCY:
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[Federal Register Volume 77, Number 99 (Tuesday, May 22, 2012)]
[Notices]
[Pages 30332-30335]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-12358]
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NUCLEAR REGULATORY COMMISSION
[NRC-2012-0114; IA-12-009]
Mr. James Chaisson; Order Prohibiting Involvement in NRC-Licensed
Activities
I
Mr. James Chaisson was employed from April 10, 2009, through April
30, 2010, as an area supervisor and lead radiographer for the Wyoming
operations of Texas Gamma Ray, LLC (TGR or Licensee), whose corporate
offices are located in Pasadena, Texas. TGR is the former holder of
License No. 42-29303-01 issued on January 6, 2009, by the U.S. Nuclear
Regulatory Commission (NRC or the Commission), pursuant to Title 10 of
the Code of Federal Regulations (10 CFR) part 34. The license
authorized industrial radiographic operations in accordance with
conditions specified therein. The license was terminated at the
licensee's request on July 25, 2011.
II
From June 4, 2009, through November 30, 2010, the NRC conducted a
safety and security inspection of the use of byproduct material for
industrial radiographic operations conducted under TGR's former NRC
license. As a result of this inspection, the NRC's Office of
Investigations (OI), Region IV, initiated two investigations (OI Report
Nos. 04-2009-066 and 04-2011-034) to determine, in part, whether Mr.
Chaisson: (1) Deliberately stored radiographic exposure devices at a
location he knew was not authorized by TGR's radioactive material
license, and (2) deliberately failed to implement NRC security
requirements for the use, storage, and protection of licensed material
for radiographic operations.
By letter dated February 23, 2012 (ML12055A162), the NRC informed
Mr. Chaisson that the NRC was considering escalated enforcement action
for an apparent violation of the NRC's deliberate misconduct rule, 10
CFR 30.10. The NRC offered Mr. Chaisson the opportunity to request a
predecisional enforcement conference (PEC), or request alternative
dispute resolution (ADR) with the NRC in an attempt to resolve issues
associated with this matter. During a March 19, 2012, conference call
between Mr. Chaisson and NRC staff, Mr. Chaisson indicated that he was
not interested in a PEC or ADR. Mr. Chaisson stated that he would,
however, submit a written response to the NRC's February 23rd letter.
On March 26, 2012, Region IV received a written response from Mr.
Chaisson postmarked March 23, 2012 (ML12095A366).
Based on a review of the information in Mr. Chaisson's March 2012,
letter, and the results of the inspection and OI investigations, the
NRC has concluded that Mr. Chaisson twice engaged in deliberate
misconduct in violation of 10 CFR 30.10(a)(1). First, Mr. Chaisson
engaged in deliberate misconduct that caused Texas Gamma Ray, LLC
(TGR), at the time an NRC licensee, to be in violation of License
Condition 19 of its NRC Radioactive Material License, which required
TGR to comply with NRC security requirements. Mr. Chaisson chose to
store a radiographic exposure device at a leased facility on Elk Street
in Rock Springs, Wyoming, even though he knew the facility did not
comply with applicable NRC security requirements pertaining to the use,
storage, and protection of licensed material. He periodically stored
the radiographic exposure device at this location from December 2009
through April 30, 2010.
Second, by storing the radiographic exposure device at the Elk
Street location, Mr. Chaisson engaged in deliberate misconduct that
caused TGR, at the time an NRC licensee, to be in violation of License
Condition 11 of its NRC Radioactive Material License, which required
TGR to limit the storage of radioactive material approved on the
license to temporary job sites in NRC jurisdiction. Specifically, Mr.
Chaisson chose to store a radiographic exposure device at the leased
facility on Elk Street in Rock Springs, Wyoming, even though he knew
the facility was not an authorized storage location listed on the
license.
Mr. Chaisson is a radiographer with 27 years experience, 8 of those
years as a radiation safety officer (RSO). TGR assigned him as the area
supervisor and lead radiographer for Wyoming operations and as such, he
was responsible for TGR's radiographic operations in Wyoming. He was
listed as the person to contact in case of an emergency in Wyoming. Mr.
Chaisson was in possession of a copy of TGR's NRC license and was
knowledgeable of the restrictions and security requirements associated
with the use and storage of radioactive material. Mr. Chaisson admitted
that he stored the radiographic exposure device at the Elk
[[Page 30333]]
Street location from December 2009 through April 30, 2010. However, Mr.
Chaisson asserted that he had only done as TGR managers instructed him
when he stored the radiographic exposure device at the Elk Street
location. The NRC has concluded that this statement lacks credibility.
Mr. Chaisson's statements varied each time OI interviewed him, and
again in his March 2012, letter to the NRC, as to which manager
provided him with the instruction to store licensed material at the Elk
Street location. At first he claimed the corporate RSO gave him the
permission, but later when he found out that the corporate RSO had been
out of the country, and not reachable by phone, he stated it was the
Operations Manager who gave him the permission. As a trained RSO, Mr.
Chaisson is fully knowledgeable of the requirements for storage of
radiographic exposure devices and knew that the devices should not be
stored at a location not authorized by the license. Also, he had
previously met the security requirements for storing the radiographic
exposure devices inside his company truck at his former residence. Yet,
he claimed that he was not responsible for meeting the security
requirements at the leased facility; a claim disputed by multiple TGR
officials who pointed out he was responsible for Wyoming operations,
including meeting NRC license requirements (as he had done at his
residence).
In addition, Mr. Chaisson arranged to have another NRC licensee
lease the Elk Street facility just prior to the expiration of TGR's
lease of the same facility. Mr. Chaisson then went to work for the
other NRC licensee and instructed TGR to remove their radiographic
exposure devices, which TGR did. Mr. Chaisson then ensured all the
security requirements were met at the same facility for his new
employer.
The NRC concluded that Mr. Chaisson's claims were not credible;
that Mr. Chaisson understood the terms of TGR's license and NRC
security requirements; that he knew at the time that the Elk Street
facility was not an authorized storage location; and that security
requirements had not been met at that location.
III
Based on the above, the NRC has concluded that Mr. James Chaisson,
a former area site supervisor and lead radiographer employed by Texas
Gamma Ray, LLC, violated 10 CFR 30.10(a)(1) by engaging in deliberate
misconduct that caused Texas Gamma Ray, LLC, to be in violation of
License Conditions 11 and 19 of NRC license 42-29303-01.
The NRC must be able to rely on licensees and their employees to
comply with the NRC requirements, including the requirement that
specific licensees comply with their license conditions. Mr. Chaisson's
actions caused the licensee to violate their license conditions and
have raised serious doubt as to whether he can be relied upon to comply
with the NRC requirements and to provide complete and accurate
information to the NRC.
Consequently, I lack the requisite reasonable assurance that
licensed activities can be conducted in compliance with the
Commission's requirements and that health and safety of the public will
be protected if Mr. Chaisson were permitted at this time to be involved
in NRC-licensed activities. Therefore, the public health and safety and
interest require that Mr. Chaisson be prohibited from any involvement
in NRC-licensed activities for a period of 3 years from the effective
date of this Order, as defined in Section V. Additionally, Mr. Chaisson
is required to notify the NRC of his first employment in NRC-licensed
activities for a period of 1 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 and 10 CFR parts 20 and 34,
it is hereby ordered that:
1. Mr. James Chaisson is prohibited for 3 years from the effective
date of this Order, as defined in Section V, from engaging in NRC-
licensed activities. NRC-licensed activities are those activities 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 pursuant to the authority granted by 10 CFR 150.20.
Specifically, Mr. Chaisson is prohibited from performing, supervising,
assisting or otherwise engaging in (1) industrial radiographic
operations for an Agreement State licensee that are 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) industrial radiographic
operations 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 (3) any other licensed activity under NRC
jurisdiction.
2. As of the effective date of this Order, if Mr. Chaisson is
currently involved in NRC-licensed activity, 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 1 year after the 3-year period of prohibition
has expired, Mr. Chassion 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 entity where he is, or
will be, involved in the NRC-licensed activities. In the notification,
Mr. Chaisson 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. Chaisson
of good cause.
V
In accordance with 10 CFR 2.202, Mr. James Chaisson must, and any
other person adversely affected by this Order may, submit an answer to
this Order within 30 days of its issuance date. In addition, Mr.
Chaisson and any other person adversely affected by this Order may
request a hearing on this Order within 30 days of its issuance date.
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 of the
extension.
All documents filed in the NRC adjudicatory proceedings, including
a request for a 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 NRC E-Filing rule (72 FR 49139, August
28, 2007). The E-Filing process requires participants to submit and
serve all adjudicatory
[[Page 30334]]
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 hearing.docket@nrc.gov, 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
certificate). Based on 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 https://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 https://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 https://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
a 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 https://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
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 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 contracting the NRC Meta System
Help Desk thorough the ``Contact Us'' link located on the NRC's Web
site at https://www.nrc/gov/site-help/e-submittals.html, by email at
MSHD.Resource@nrc.gov, 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 extension 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, MD
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 using 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://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 submissions.
If a person other than Mr. James Chaisson 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).
If a hearing is requested by Mr. Chaisson or any other 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 a hearing shall be whether this
Order should be sustained. In the absence of any request for hearing or
ADR, or written approval of an extension of time in which to request a
hearing, the effective date of this Order (the date that the provisions
specified in Section IV above become final and effective) shall be 30
days from the issuance date of this Order without further order or
proceedings. If an extension of time for requesting a hearing has been
approved, the effective date of this Order shall be when the extension
expires if a hearing request has not been received. If a hearing or ADR
is requested, the effective date of this Order shall be determined in
accordance with the hearing or ADR process.
[[Page 30335]]
A request for hearing shall not stay the immediate effectiveness of
this order.
For the Nuclear Regulatory Commission.
Dated at Rockville, MD, this 15th day of May 2012.
Roy P. Zimmerman,
Director, Office of Enforcement.
[FR Doc. 2012-12358 Filed 5-21-12; 8:45 am]
BILLING CODE 7590-01-P