82 FR 26716 - In the Matter of Toby Lashley

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 82, Issue 109 (June 8, 2017)

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.

[Federal Register Volume 82, Number 109 (Thursday, June 8, 2017)]
[Notices]
[Pages 26716-26719]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-11925]


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NUCLEAR REGULATORY COMMISSION

[IA-16-049; NRC-2017-0135]


In the Matter of Toby Lashley

AGENCY: Nuclear Regulatory Commission.

ACTION: Order; issuance.

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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: [email protected]. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly available documents online in the 
ADAMS Public 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 [email protected]. 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.

FOR FURTHER INFORMATION CONTACT: Thomas Marenchin, Office of 
Enforcement, U.S. Nuclear Regulatory Commission, Washington DC 20555-

[[Page 26717]]

0001; telephone: 301-287-9518; Email: [email protected].

SUPPLEMENTARY INFORMATION: The text of the Order is attached.

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

    For the Nuclear Regulatory Commission.
Patricia K. Holahan,
Director, Office of Enforcement.

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

[[Page 26718]]

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 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 [email protected], or by 
telephone at 301-415-1677, to (1) request a digital identification (ID) 
certificate, which allows the participant (or its counsel or 
representative) to digitally sign submissions and access the E-Filing 
system for any proceeding in which it is participating; and (2) advise 
the Secretary that the participant will be submitting a petition or 
other adjudicatory document (even in instances in which the 
participant, or its counsel or representative, already holds an NRC-
issued digital ID certificate). Based upon this information, the 
Secretary will establish an electronic docket for the hearing in this 
proceeding if the Secretary has not already established an electronic 
docket.
    Information about applying for a digital ID certificate is 
available on the NRC's Public Web site at http://www.nrc.gov/site-help/e-submittals/getting-started.html. Once a participant has obtained a 
digital ID certificate and a docket has been created, the participant 
can then submit adjudicatory documents. Submissions must be in Portable 
Document Format (PDF). Additional guidance on PDF submissions is 
available on the NRC's Public Web site at http://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is considered complete at the 
time the document is submitted through the NRC's E-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 [email protected], or by a toll-free call at 1-866-672-
7640. The NRC Electronic Filing Help Desk is available between 9 a.m. 
and 6 p.m., Eastern Time, Monday through Friday, excluding government 
holidays.
    Participants who believe that they have good cause for not 
submitting documents electronically must file an exemption request, in 
accordance with 10 CFR 2.302(g), with their initial paper filing 
stating why there is good cause for not filing electronically and 
requesting authorization to continue to submit documents in paper 
format. Such filings must be submitted by: (1) first class mail 
addressed to the Office of the Secretary of the Commission, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: 
Rulemaking and Adjudications Staff; or (2) courier, express mail, or 
expedited delivery service to the Office of the Secretary, 11555 
Rockville Pike, Rockville, Maryland, 20852, Attention: Rulemaking and 
Adjudications Staff. Participants filing adjudicatory documents in this 
manner are responsible for serving the document on all other 
participants. Filing is considered complete by first-class mail 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

[[Page 26719]]

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