[Federal Register Volume 59, Number 54 (Monday, March 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6558]
[[Page Unknown]]
[Federal Register: March 21, 1994]
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NUCLEAR REGULATORY COMMISSION
[IA 94-002]
William K. Headley; Order Requiring Notice to Certain Employers
and Prospective Employers and Notification of NRC of Certain Employment
in NRC-Licensed Activities (Effective Immediately)
I
William K. Headley is currently involved in NRC-licensed activities
as an employee at Morgan County Memorial Hospital, Martinsville,
Indiana. Morgan County Memorial Hospital (the licensee) is the holder
of Byproduct Material License No. 13-17449-01 issued by the Nuclear
Regulatory Commission (NRC or Commission) pursuant to 10 CFR parts 30
and 35. The license authorizes the possession and use of byproduct
material for medical use as described in 10 CFR 35.100, 35.200 and
35.300.
II
On September 28, 1993, the NRC conducted an inspection at the
licensee's facility. During the inspection, the NRC identified
irregularities in the licensee's records of routine daily area
radiation and weekly area radiation and contamination surveys conducted
by Mr. Headley. During discussions with the NRC inspector, Mr. Headley
admitted to deliberately falsifying the survey records and to
deliberately failing to perform the required daily, and some of the
required weekly, surveys for the past two and one half years. On
October 26, 1993 the NRC conducted an enforcement conference in the
Region III Office with the licensee and Mr. Headley. During the
enforcement conference, Mr. Headley reaffirmed his statements regarding
his deliberate failure to perform required surveys and his deliberate
falsification of survey records to make it appear that they had been
performed when, in fact, they had not. Mr. Headley stated that one of
the reasons for his actions was his full workload and his perceived
need to save time by not doing some activities that he considered of
minimal safety significance.
III
As discussed above, Mr. Headley deliberately failed to conduct
surveys required by 10 CFR 35.70 and, in violation of 10 CFR 30.9,
deliberately created survey records required to be maintained by
licensees pursuant to 10 CFR 35.70 and which he knew to be false.
Further, in violation of 10 CFR 30.10, Mr. Headley, an employee of the
licensee, has engaged in deliberate misconduct that has caused the
licensee to be in violation of 10 CFR 35.70 and 10 CFR 30.9.
The NRC must be able to rely on the Licensee and its employees to
comply with NRC requirements, including the requirement to maintain
records that are complete and accurate in all material respects. Mr.
Headley's actions have raised serious doubt as to whether he can be
relied upon to comply with NRC requirements and to provide complete and
accurate information to the NRC.
The licensee has counseled Mr. Headley that further failures on his
part will result in the licensee's removal of him from licensed
activities and may result in his termination by the licensee. The
licensee has also issued a letter of reprimand to Mr. Headley. Further,
the licensee has instituted procedures to ensure that each survey is
observed by the Department Head or designee.
Given the deliberate nature of Mr. Headley's conduct over an
extensive period of time, I lack the requisite reasonable assurance
that licensed activities can be conducted in compliance with the
Commission's requirements and that the health and safety of the public
will be protected, if Mr. Headley were permitted at this time to become
involved in licensed activities, other than those licensed activities
performed at Morgan County Memorial Hospital, without providing
specific notice to the NRC and the employing licensee as described
above. Therefore, the public health, safety, and interest require that
Mr. Headley be required to: (1) Provide a copy of this Order to any
employer or prospective employer, other than Morgan County Community
Hospital, engaged in licensed activities to assure that such employer
is aware of Mr. Headley's previous history, and (2) notify the NRC of
any involvement in licensed activities, other than those conducted at
Morgan County Memorial Hospital, to assure that the NRC can continue to
monitor the status of Mr. Headley's compliance with the Commission's
requirements. Furthermore, pursuant to 10 CFR 2.202, I find that the
significance of the conduct described above is such that the public
health, safety, and interest require that this Order be immediately
effective.
IV
Accordingly, pursuant to sections 81, 161b, 161c, 161i, 161o, 182
and 186 of the Atomic Energy Act of 1954, as amended, and the
Commission's regulations in 10 CFR 2.202 and 10 CFR 30.10, it is hereby
ordered, effective immediately, that:
1. Should William K. Headley seek employment involving NRC-licensed
activities during the two year period from the date of this Order, Mr.
Headley shall provide a copy of this Order to the prospective employer
at the time that Mr. Headley is soliciting or negotiating employment so
that the person is aware of the Order prior to making an employment
decision.
2. For a two year period from the date of this Order, William K.
Headley shall, within 10 business days of his acceptance of an
employment offer involving NRC-licensed activities, provide notice to
the Director, Office of Enforcement, U.S. Nuclear Regulatory
Commission, Washington, DC 20555, of the name, address, and telephone
number of the employer.
3. If William K. Headley is currently involved in NRC-licensed
activities at any employer other than Morgan County Community Hospital,
Mr. Headley shall, within 30 days of the date of this Order, provide a
copy of this Order to any such employer and provide notice to the
Director, Office of Enforcement, at the address in 2. above, of the
name, address, and telephone number of any such employer.
The Director, Office of Enforcement, may, in writing, relax or
rescind any of the above conditions upon demonstrations by Mr. Headley
of good cause.
V
In accordance with 10 CFR 2.202, William K. Headley must, and any
other person adversely affected by this Order may, submit an answer to
this Order, and may request a hearing on this Order, within 20 days of
the date of this Order. The answer may consent to this Order. Unless
the answer consents to this Order, the answer shall, in writing and
under oath or affirmation, specifically admit or deny each allegation
or charge made in this Order and shall set forth the matters of fact
and law on which William K. Headley or other person adversely affected
relies and the reasons as to why the Order should not have been issued.
Any answer or request for a hearing shall not have been issued. Any
answer or request for a hearing shall be submitted to the Secretary,
U.S. Nuclear Regulatory Commission, Attn: Chief, Docketing and Service
Section, Washington, DC 20555. Copies also shall be sent to the
Director, Office of Enforcement, U.S. Nuclear Regulatory Commission,
Washington, DC 20555, to the Assistant General Counsel for Hearings and
Enforcement at the same address, to the Regional Administrator, U.S.
Nuclear Regulatory Commission, Region III, 801 Warrenville Road, Lisle,
Illinois 60532-4351, and to William K. Headley if the answer or hearing
request is by a person other than William K. Headley. If a person other
than William K. Headley requests a hearing, that person shall set forth
with particularity the manner in which his or her interest is adversely
affected by this Order and shall address the criteria set forth in 10
CFR 2.714(d).
If a hearing is requested by William K. Headley or a person whose
interest is adversely affected, the Commission will issue an Order
designating the time and place of any hearing. If a hearing is held,
the issue to be considered at such hearing shall be whether this Order
should be sustained.
Pursuant to 10 CFR 2.202(c)(2)(i), William K. Headley, or any other
person adversely affected by this Order, may, in addition to demanding
a hearing, at the time the answer is filed or sooner, move the
presiding officer to set aside the immediate effectiveness of the Order
on the ground that the Order, including the need for immediate
effectiveness, is not based on adequate evidence but on mere suspicion,
unfounded allegations, or error.
In the absence of any request for hearing, the provisions specified
in Section IV above shall be final 20 days from the date of this Order
without further order or proceedings. An answer or a request for
hearing shall not stay the immediate effectiveness of this order.
For the Nuclear Regulatory Commission.
Dated at Rockville, Maryland this 14th day of March 1994.
Hugh L. Thompson, Jr.,
Deputy Executive Director for Nuclear Materials Safety, Safeguards and
Operations Support.
[FR Doc. 94-6558 Filed 3-18-94; 8:45 am]
BILLING CODE 7590-01-M
