The NRC’s Office of Investigations (OI) recently published its Annual Report for Fiscal Year 2024, summarizing its activities from October 1, 2023 through September 30, 2024. According to the annual report, OI opened 82 new cases in FY 2024, the same number it opened in FY 2023. But OI increased its number of case closures in FY 2024 and closed 82 cases compared to 72 closures in FY 2023, a 14% increase. In total, OI conducted 129 investigations in FY 2024. Below, we analyze how OI investigations compare to the previous fiscal year and significant OI investigations highlighted in the Annual Report.
By the Numbers
OI’s total case inventory in FY 2024 increased 8%—from 119 in FY 2023 to 129 in FY 2024. This inventory comprises 92 OI investigations, 40 of which were carried over from FY 2023, and 37 assists to staff, seven of which were carried over from FY 2023. While OI’s total case inventory continues to rise from a COVID-19 pandemic-era low of 84 in FY 2022, it has not yet fully returned to pre-pandemic levels.
OI opened 82 cases in FY 2024. A breakdown of these cases and trends from the prior fiscal year follows:
- Seven suspected materially false statements (a 30% decrease from FY 2023)
- 26 potential violations of other NRC regulatory requirements (a 30% increase)
- 30 assists to staff (a 20% decrease)
- 19 allegations of discrimination (i.e., retaliation) (a 19% increase)
The 82 opened cases also break down along the following program categories:
- 38 were reactor investigations (a 12% increase from FY 2023)
- 19 were reactor assists to staff (a 36% increase)
- 14 were materials investigations (a 17% increase)
- 11 material assists to staff (a 50% decrease)
Comparing the categories of these 82 cases shows an increase in discrimination investigations (i.e., potential violations of NRC’s whistleblower employee protection provisions), with 19 such investigations opened in FY 2024. This is a 19% increase from FY 2023 and is the highest number since FY 2019 (22 cases). Investigations of potential violations of other NRC requirements also increased by 30% from FY 2023, while investigations of materially false statements and assists to staff saw decreases of 33% and 17%, respectively. The annual report also shows a significant rise in new discrimination investigations (i.e., potential violations of NRC’s whistleblower employee protection provisions), jumping to 19 new cases, the highest level since FY 2019 (22 new cases).
OI closed 82 cases in FY 2024, a 14% increase from the number of cases closed in FY 2023. Out of these 82 cases, OI developed sufficient information to either substantiate or not substantiate allegations of willful wrongdoing in 48 investigations. These findings were all reached within 12 months or less, which exceeds OI’s performance metric of 90%. OI also closed 34 assists to staff in FY 2024, each closing within 90 days, exceeding OI’s 90% performance metric.
Significant Investigations
OI’s annual report summarized the following investigations involving deliberate misconduct:
- OI substantiated an allegation of a licensee providing materially false statements in its materials license application. OI determined that the licensee had provided inaccurate and false information regarding its Radiation Safety Officer (RSO) qualifications and that the licensee lacked a qualified RSO. The investigation eventually led to the revocation of the licensee’s NRC license. On November 4, 2021, the individual who failed to provide complete and accurate information to the NRC was indicted in the US District Court for the District of Hawaii and charged with making a false statement, violations of the Atomic Energy Act, and bank fraud. On September 30, 2024, the individual pled guilty to one count of violating the Atomic Energy Act and received two years of probation, including six months of home confinement.
- OI substantiated an allegation that a licensee contractor’s employees falsified testing equipment calibration records. After negotiations with the US Department of Justice in October 2023, the subjects pled guilty to knowingly and willfully falsifying testing equipment calibration records within the jurisdiction of the NRC. In January 2024, one employee was banned from participation or employment in NRC-licensed activities for five years, and the other employee was banned for two years.
- OI did not substantiate an allegation that licensee employees were falsifying radiation surveys to avoid complying with procedures required for locked high radiation areas. Rather, OI determined that an employee made an appropriate correction to a previously submitted radiation survey. Therefore, OI found that the employee did not willfully violate procedures and did not find evidence that the employee was forced or coerced to make the correction, as initially alleged.
- OI concluded that an employee of a materials licensee directed a radiographer to conduct radiographic operations without a required second qualified individual. The NRC determined that such actions constituted deliberate misconduct under 10 CFR 30.10(a)(1) and caused a violation of 10 CFR 34.41(a). In December 2024, the NRC issued an order prohibiting the employee from participating in NRC-licensed activities for three years.
How We Can Help
Our team stands ready to assist licensees in connection with NRC allegations, investigations, and enforcement. We will continue closely following and reporting on these topics.