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Escalated Enforcement Actions Issued to Individuals - M

Name and NRC Action Number	NRC Action Type	Date Issued	Description
James Francis Mattocks IA-07-008	IAORDER	03/21/2007	On March 21, 2007, an Order (Immediately Effective) Prohibiting Involvement in NRC-Licensed Activities was issued to Mr. Mattocks for engaging in deliberate misconduct as defined in 10 CFR 50.5, "Deliberate misconduct." Specifically, while Mr. Mattocks was employed as a security officer at the St. Lucie Nuclear Power Plant, he deliberately removed a Bushmaster .223 caliber assault rifle and thermal imaging scope from the facility without authorization, causing an NRC licensee to be in violation of its Physical Security Plan. This order is in effect for five years from its issuance.
Scot A. Menzies IA-07-010	NOV SLIII	09/10/2008	On September 10, 2008, a Notice of Violation was issued for a Severity Level III violation involving a deliberate failure to use a minimum of two independent physical controls that formed tangible barriers to secure portable gauges from unauthorized removal, when the portable gauges were not under the control and constant surveillance of the licensee. Specifically, Mr. Menzies did not use tangible barriers to secure portable gauges from unauthorized removal while in storage in the R&M Engineering-Ketchikan, Inc., facility located in Ketchikan, Alaska.
Dale Miller IA-05-053	SETTLEMENT AGREEMENT	09/29/2006	On January 4, 2006, an immediately effective Order Prohibiting Involvement in NRC-Licensed activities was issued based on the individual's deliberate misconduct while employed at the Davis-Besse Nuclear Power Station operated by FirstEnergy Nuclear Operating Company (licensee). On February 23, 2006, Mr. Miller answered the Order, denied the allegations in the Order, and requested an expedited hearing. During the hearing process before the Atomic Safety and Licensing Board, the NRC staff and Mr. Miller entered into settlement discussions using alternative dispute resolution. The Staff and Mr. Miller reached an agreement which was submitted to the Board for approval. Upon review of the Settlement Agreement, the Board was satisfied that its terms reflected a fair and reasonable settlement of this matter, in keeping with the objectives of the NRC’s Enforcement Policy, and that no further adjudication of any matter was required in the public interest. The Order issued on January 4, 2006 to Mr. Dale Miller was superceded by the Board's Order dated September 29, 2006, approving the settlement.
Donald M. Miller IA-08-007	NOV SL III	08/20/2008	On August 20, 2008, a Notice of Violation was issued for a Severity Level III violation involving deliberate misconduct on the part of the individual which caused his employer, Alaska Industrial X-Ray, Inc. to be in violation of 10 CFR 34.41(a). Specifically, the individual deliberately performed radiography, on multiple occasions, without being accompanied by at least one other qualified radiographer or an individual who had at a minimum met the requirements of § 34.43(c).
Steven Moffitt IA-05-054	SETTLEMENT AGREEMENT	12/13/2006	On January 4, 2006, an Order (Effective Immediately) Prohibiting Involvement in NRC-Licensed Activities was issued based on the individual's deliberate misconduct while employed at the Davis-Besse Nuclear Power Station operated by FirstEnergy Nuclear Operating Company (licensee). As the Technical Services Director, the individual provided incomplete and inaccurate information concerning the licensees written and oral responses to NRC Bulletin 2001-001, Circumferential Cracking of Reactor Pressure Vessel Head Penetration Nozzles. The Order is effective for 5 years from the date of issuance of the Order. During the hearing process before the Atomic Safety and Licensing Board, the NRC staff and Mr. Moffitt entered into settlement discussions using alternative dispute resolution. The Staff and Mr. Moffitt reached an agreement which was submitted to the Board for approval. Upon review of the Settlement Agreement, the Board was satisfied that its terms reflected a fair and reasonable settlement of this matter, in keeping with the objectives of the NRC’s Enforcement Policy, and that no further adjudication of any matter was required in the public interest. The Order issued on January 4, 2006, to Mr. Moffitt was superceded by the Board's Order dated December 13, 2006, approving the settlement.
John Myers IA-05-042	IAORDER	09/09/2005	On September 9, 2005, an immediately effective Order Prohibiting Involvement in NRC-Licensed Activities was issued based on the individual's deliberate activities involving his possession of byproduct material without an NRC or an Agreement State license. As owner, President, and sole employee of Universal Calibrations, the individual deliberately took possession of several portable gauging devices containing licensed radioactive material without a NRC or Agreement State license to possess byproduct material. The Order is effective for 5 years from the date of issuance of the Order.