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In the Matter of Toby Lashley

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AGENCY:

Nuclear Regulatory Commission.

ACTION:

Order; issuance.

SUMMARY:

The U.S. Nuclear Regulatory Commission (NRC) is issuing an Order prohibiting Mr. Toby Lashley from involvement in NRC-licensed activities for a period of 1 year. The Order also requires Mr. Lashley to notify the NRC of any current involvement in NRC-licensed activities. Additionally, Mr. Lashley is required to notify the NRC of his first employment in NRC-licensed activities for a period of one year following the 1-year prohibition period.

DATES:

Effective Date: See attachment.

ADDRESSES:

Please refer to Docket ID NRC-2017-0135 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 Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2017-0135. Address questions about NRC dockets to Carol Gallagher; telephone: 301-415-3463; email: Carol.Gallagher@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 Documents collection at http://www.nrc.gov/​reading-rm/​adams.html. To begin the search, select “ADAMS Public Documents” and then select “Begin Web-based ADAMS Search.” For problems with ADAMS, 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 document (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.
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FOR FURTHER INFORMATION CONTACT:

Thomas Marenchin, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington DC 20555-Start Printed Page 267170001; telephone: 301-287-9518; Email: Thomas.Marenchin@nrc.gov.

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SUPPLEMENTARY INFORMATION:

The text of the Order is attached.

Start Signature

Dated at Rockville, Maryland, this 1st day of June 2017.

For the Nuclear Regulatory Commission.

Patricia K. Holahan,

Director, Office of Enforcement.

End Signature

NUCLEAR REGULATORY COMMISSION

[IA-16-049]

In the Matter of Toby Lashley

Order Prohibiting Involvement in NRC Licensed Activities

I.

Mr. Toby Lashley was employed as a radiographer at JANX Integrity Group (JANX) located in Parma, Michigan. JANX Integrity Group holds License No. 21-16560-01, issued by the U.S. Nuclear Regulatory Commission (NRC or Commission) pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Part 34 on May 12, 2016. The license authorizes radiographic operations in accordance with the conditions specified in the license.

II.

On January 19, 2016, during a routine inspection at JANX, the radiation safety officer (RSO) informed the inspector that two individuals, Mr. Toby Lashley and another radiographer, were terminated in September 2015 for not following NRC regulations. As a result, the NRC Office of Investigations (OI) initiated an investigation to determine if JANX employees deliberately failed to follow NRC regulations. The OI investigation focused, in part, on whether Mr. Lashley deliberately failed to be present during radiographic operations performed away from a permanent radiographic installation, which require two qualified individuals to be present. The NRC completed its investigation on June 1, 2016.

The Region III OI interviewed a number of individuals, including a regional compliance manager, the RSO, Mr. Lashley, and two additional radiographers who had worked with Mr. Lashley. One of the radiographers who had worked with Mr. Lashley testified that Mr. Lashley would remain in the truck developing and reading the film while he performed most of the work. The radiographer raised the issue to JANX management. On August 12, 2015, during an audit, the regional compliance manager verbally reminded Mr. Lashley of the requirement for both qualified individuals to be present during radiographic operations. However, on August 13, 2015, the manager observed Mr. Lashley violate the requirement despite the verbal reminder the previous day.

During the above, the RSO stated that he had observed Mr. Lashley and another radiographer perform radiographic operations on September 18, 2015. According to the RSO, when the radiographic operations began, Mr. Lashley sat in the truck facing forward, using his phone and working on his computer, while the other radiographer worked at the rear of the truck.

During the OI interview, Mr. Lashley did not recall receiving any training from JANX; however, he acknowledged his experience in performing radiographic operations and was able to describe the equipment, its function, and methods in performing radiography. Mr. Lashley recalled the August 2015 events and not having both qualified individuals present during radiographic operations. He also recalled the September 18, 2015, confrontation with the RSO; however, he did not admit to violating the requirement.

Based on the evidence gathered during the OI investigation, on September 18, 2015, Mr. Lashley deliberately failed to accompany the radiographer during radiographic operations as required by 10 CFR 34.41(a).

III.

Based on the above, the NRC has concluded that Mr. Toby Lashley engaged in deliberate misconduct in violation of 10 CFR 30.10(a)(1) that caused JANX to be in violation of 10 CFR 34.41(a). The NRC must be able to rely on JANX and its employees to comply with NRC requirements. Mr. Lashley'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 could be conducted in compliance with the Commission's requirements and that the health and safety of the public would be protected if Mr. Lashley were permitted at this time to be involved in NRC-licensed activities. Therefore, the public health, safety, and interest require that Mr. Lashley be prohibited from any involvement in NRC-licensed activities for a period of 1 year from the date of this Order. Additionally, Mr. Lashley 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, 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. Toby Lashley is prohibited for 1 year from the date of this Order from engaging in, supervising, directing, or in any other way conducting 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 in the NRC's jurisdiction pursuant to the authority granted by 10 CFR 150.20.

2. If Mr. Toby Lashley is currently engaged in NRC-licensed activities with any licensee, he must immediately cease those activities; inform the NRC of the name, address, and telephone number of the licensee; and provide a copy of this Order to the licensee.

3. For a period of 1 year after the 1-year period of prohibition has expired, Mr. Toby Lashley 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-licensed activities. In the notification, Mr. Lashley 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, withdraw, or rescind any of the above conditions upon demonstration by Mr. Toby Lashley of good cause.

V.

In accordance with 10 CFR 2.202, Mr. Toby Lashley must submit a written answer to this Order under oath or affirmation within 30 days of its publication in the Federal Register. Mr. Lashley'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. Lashley or any other Start Printed Page 26718person 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 and petition for leave to intervene (petition), 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 that request to participate 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 at 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. Detailed guidance on making electronic submissions may be found in the Guidance for Electronic Submissions to the NRC and on the NRC's Web site at http://www.nrc.gov/​site-help/​e-submittals.html. 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 (1) request a digital identification (ID) certificate, which allows the participant (or its counsel or representative) to digitally sign submissions and access the E-Filing system for any proceeding in which it is participating; and (2) advise the Secretary that the participant will be submitting a petition or other adjudicatory document (even in instances in which the participant, or its counsel or representative, already holds an NRC-issued digital ID certificate). Based upon this information, the Secretary will establish an electronic docket for the hearing in this proceeding if the Secretary has not already established an electronic docket.

Information about applying for a digital ID certificate is available on the NRC's Public Web site at http://www.nrc.gov/​site-help/​e-submittals/​getting-started.html. Once a participant has obtained a digital ID certificate and a docket has been created, the participant can then submit adjudicatory documents. Submissions must be in Portable Document Format (PDF). Additional guidance on PDF submissions is available on the NRC's Public Web site at http://www.nrc.gov/​site-help/​electronic-sub-ref-mat.html. A filing is considered complete at the time the document is submitted through the NRC's E-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 adjudicatory documents are filed so that they can obtain access to the documents via the E-Filing system.

A person filing electronically using the NRC's adjudicatory E-Filing system may seek assistance by contacting the NRC's Electronic Filing Help Desk through the “Contact Us” link located on the NRC's Public Web site at http://www.nrc.gov/​site-help/​e-submittals.html, by email 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 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.

If a person other than Mr. Toby Lashley 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 Mr. Toby Lashley or 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 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 30 days from the date this Start Printed Page 26719Order is published in the Federal Register without further order or proceedings. If an extension of time for requesting a hearing has been approved, the provisions specified in Section IV shall be final when the extension expires if a hearing request has not been received.

Dated at Rockville, Maryland, this 1st day of June 2017.

For the Nuclear Regulatory Commission.

Patricia K. Holahan,

Director,

Office of Enforcement.

End Supplemental Information

[FR Doc. 2017-11925 Filed 6-7-17; 8:45 am]

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