In the Matter of Mr. Randy Bethea, 4858-4861 [2019-02667]
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Federal Register / Vol. 84, No. 33 / Tuesday, February 19, 2019 / Notices
scheduling priorities of the key
participants.
Patricia Rausch,
Advisory Committee Management Officer,
National Aeronautics and Space
Administration.
[FR Doc. 2019–02668 Filed 2–15–19; 8:45 am]
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NUCLEAR REGULATORY
COMMISSION
Advisory Committee on the Medical
Uses of Isotopes: Meeting Notice
U.S. Nuclear Regulatory
Commission.
ACTION: Notice of meeting.
The U.S. Nuclear Regulatory
Commission will convene a meeting of
the Advisory Committee on the Medical
Uses of Isotopes (ACMUI) on April 3–
4, 2019. A sample of agenda items to be
discussed during the public session
includes: A discussion on medicalrelated events; a discussion on the
ACMUI’s recommendations and
comments on revision 10 of the draft
Yttrium-90 Microsphere Brachytherapy
Sources and Devices TheraSphere® and
SIR_Spheres® Licensing Guidance; a
discussion on the summary of changes
to the NRC’s requirements regarding
medical use of byproduct material; a
discussion of the ACMUI’s
recommendations related to the
appropriateness of the required
reporting and notification of a medical
event; a presentation from Lucerno
Dynamics on the detection of nuclear
medicine injection infiltrations; and a
discussion on the ACMUI’s
recommendations and comments on the
draft Germanium-68/Gallium-68
Pharmacy Grade Generator Licensing
Guidance. The agenda is subject to
change. The current agenda and any
updates will be available at https://
www.nrc.gov/reading-rm/doccollections/acmui/meetings/2019.html
or by emailing Ms. Kellee Jamerson at
the contact information below.
FOR FURTHER INFORMATION CONTACT: Ms.
Kellee Jamerson, email:
Kellee.Jamerson@nrc.gov, telephone:
(301) 415–7408.
SUPPLEMENTARY INFORMATION:
Purpose: Discuss issues related to 10
CFR part 35 Medical Use of Byproduct
Material.
Date and Time for Open Sessions:
April 3, 2019, from 8:30 a.m. to 2:45
p.m. and April 4, 2019, from 8:30 a.m.
to 2:45 p.m. Eastern Standard Time.
Date and Time for Closed Session:
April 3, 2019, from 2:45 p.m. to 5:00
p.m. Eastern Standard Time.
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NUCLEAR REGULATORY
COMMISSION
Public Participation
AGENCY:
Any member of the public who
wishes to participate in the meeting in
person or via phone should contact Ms.
Jamerson using the information below.
The meeting will also be webcast live at
https://video.nrc.gov/.
SUMMARY:
Conduct of the Meeting
AGENCY:
SUMMARY:
Address for Public Meeting: U.S.
Nuclear Regulatory Commission, Three
White Flint North Building, Rooms
3WFN–1C03/1–C05, 11601 Landsdown
Street, North Bethesda, Maryland 20852.
Christopher J. Palestro, M.D., will
chair the meeting. Dr. Palestro will
conduct the meeting in a manner that
will facilitate the orderly conduct of
business. The following procedures
apply to public participation in the
meeting:
1. Persons who wish to provide a
written statement should submit an
electronic copy to
Ms. Jamerson using the contact
information listed above. All submittals
must be received by March 29, 2019,
three business days before the meeting,
and must pertain to the topics on the
agenda for the meeting.
2. Questions and comments from
members of the public will be permitted
during the meeting, at the discretion of
the Chairman.
3. The draft transcript and meeting
summary will be available on ACMUI’s
website https://www.nrc.gov/reading-rm/
doc-collections/acmui/meetings/
2019.html on or about May 16, 2019.
4. Persons who require special
services, such as those for the hearing
impaired, should notify Ms. Jamerson of
their planned attendance.
This meeting will be held in
accordance with the Atomic Energy Act
of 1954, as amended (primarily Section
161a); the Federal Advisory Committee
Act (5 U.S.C. App); and the
Commission’s regulations in title 10 of
the Code of Federal Regulations, Part 7.
Dated at Rockville, Maryland, on February
13, 2019.
For the U.S. Nuclear Regulatory
Commission.
Russell E. Chazell,
Federal Advisory Committee Management
Officer.
[FR Doc. 2019–02694 Filed 2–15–19; 8:45 am]
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[IA–18–043; NRC–2019–0039]
In the Matter of Mr. Randy Bethea
Nuclear Regulatory
Commission.
ACTION: Order; issuance.
The U.S. Nuclear Regulatory
Commission (NRC) is issuing an order
prohibiting involvement in NRClicensed 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
https://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:
Krupskaya.Castellon@nrc.gov. 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 pdr.resource@
nrc.gov. 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–
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001; telephone: 301–287–9249, email:
Leelavathi.Sreenivas@nrc.gov.
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.12-16559-02, 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.
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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,
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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
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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-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 NRClicensed activities. NRC-licensed
activities are those activities that are
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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-licensed activities has
expired, Mr. Randy Bethea shall, within
20 days of acceptance of his first
employment offer involving NRClicensed 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 205550001, 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. 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.
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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.
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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 20555001, 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
hearing.docket@nrc.gov, 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 https://
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
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(PDF). Additional guidance on PDF
submissions is available on the NRC’s
public Web site at https://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-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 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 https://
www.nrc.gov/site-help/esubmittals.html, by e-mail to
MSHD.Resource@nrc.gov, or by a tollfree 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
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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
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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 13th day of February 2019
[FR Doc. 2019–02667 Filed 2–15–19; 8:45 am]
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COMMISSION
661st Meeting of the Advisory
Committee on Reactor Safeguards
(ACRS)
In accordance with the purposes of
Sections 29 and 182b of the Atomic
Energy Act (42 U.S.C. 2039, 2232b), the
Advisory Committee on Reactor
Safeguards (ACRS) will hold meetings
on March 7–9, 2019, Two White Flint
North, 11545 Rockville Pike, Conference
Room T3D50, Rockville, MD 20852.
Thursday, March 7, 2019, Conference
Room T3D50
8:30 a.m.–8:35 a.m.: Opening
Remarks by the ACRS Chairman
(Open)—The ACRS Chairman will make
opening remarks regarding the conduct
of the meeting.
8:35 a.m.–12:30 p.m.: NuScale Safety
Evaluation Report with Open Items for
Chapters 10, 11, 12, 13 and 18 (Open/
Closed)—The Committee will have
briefings by and discussion with
representatives of the NRC staff and
NuScale regarding the identified
chapters. [Note: This session may be
closed in order to discuss and protect
information designated as proprietary,
pursuant to 5 U.S.C. 552b(c)(4)].
1:30 p.m.–6:00 p.m.: Preparation of
ACRS Reports (Open/Closed)—The
Committee will continue its discussion
of proposed ACRS reports. [Note: A
portion of this session may be closed in
order to discuss and protect information
designated as proprietary, pursuant to 5
U.S.C 552b(c)(4)].
Friday, March 8, 2019, Conference
Room T3D50
8:30 a.m.–10:00 a.m.: Future ACRS
Activities/Report of the Planning and
Procedures Subcommittee and
Reconciliation of ACRS Comments and
Recommendations (Open/Closed)—The
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4861
Committee will hear discussion of the
recommendations of the Planning and
Procedures Subcommittee regarding
items proposed for consideration by the
Full Committee during future ACRS
meetings. [Note: A portion of this
meeting may be closed pursuant to 5
U.S.C. 552b(c)(2) and (6) to discuss
organizational and personnel matters
that relate solely to internal personnel
rules and practices of the ACRS, and
information the release of which would
constitute a clearly unwarranted
invasion of personal privacy]. [Note: A
portion of this session may be closed in
order to discuss and protect information
designated as proprietary, pursuant to 5
U.S.C. 552b(c)(4)].
10:15 a.m.–12:00 p.m.: Preparation of
ACRS Reports (Open/Closed)—The
Committee will continue its discussion
of proposed ACRS reports. [Note: A
portion of this session may be closed in
order to discuss and protect information
designated as proprietary, pursuant to 5
U.S.C. 552b(c)(4)].
1:00 p.m.–6:00 p.m.: Preparation of
ACRS Reports/Retreat (Open/Closed)—
The Committee will continue its
discussion of proposed ACRS reports
and retreat items. [Note: A portion of
this session may be closed in order to
discuss and protect information
designated as proprietary, pursuant to 5
U.S.C. 552b(c)(4)]. [Note: A portion of
this meeting may be closed pursuant to
5 U.S.C. 552b(c)(2) and (6) to discuss
organizational and personnel matters
that relate solely to internal personnel
rules and practices of the ACRS, and
information the release of which would
constitute a clearly unwarranted
invasion of personal privacy.]
Saturday, March 9, 2019, Conference
Room T3D50
8:30 a.m.–12:00 p.m.: Preparation of
ACRS Reports/Retreat (Open/Closed)—
The Committee will continue its
discussion of proposed ACRS reports
and retreat items. [Note: A portion of
this session may be closed in order to
discuss and protect information
designated as proprietary, pursuant to 5
U.S.C. 552b(c)(4)]. [Note: A portion of
this meeting may be closed pursuant to
5 U.S.C. 552b(c)(2) and (6) to discuss
organizational and personnel matters
that relate solely to internal personnel
rules and practices of the ACRS, and
information the release of which would
constitute a clearly unwarranted
invasion of personal privacy.]
Procedures for the conduct of and
participation in ACRS meetings were
published in the Federal Register on
December 7, 2018 (83 FR 26506). In
accordance with those procedures, oral
or written views may be presented by
E:\FR\FM\19FEN1.SGM
19FEN1
]]>Agencies
[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]
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NUCLEAR REGULATORY COMMISSION
[IA-18-043; NRC-2019-0039]
In the Matter of Mr. Randy Bethea
AGENCY: Nuclear Regulatory Commission.
ACTION: Order; issuance.
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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 https://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: Krupskaya.Castellon@nrc.gov. 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 pdr.resource@nrc.gov. 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: Leelavathi.Sreenivas@nrc.gov.
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
hearing.docket@nrc.gov, 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 https://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 https://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 https://www.nrc.gov/site-help/e-submittals.html, by
e-mail to MSHD.Resource@nrc.gov, 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
