[Federal Register Volume 64, Number 213 (Thursday, November 4, 1999)]
[Notices]
[Pages 60242-60243]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-28864]
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NUCLEAR REGULATORY COMMISSION
[IA 99-047]
Order Prohibiting Involvement in NRC-Licensed Activities
(Effective Immediately)
I
In the Matter of Jasen Mallahan.
Mr. Jasen Mallahan (Mr. Mallahan) was employed as a radiographer by
Professional Service Industries, Inc. (PSI or Licensee). The Licensee
is the holder of License No. 12-16941-03 issued by the Nuclear
Regulatory Commission (NRC or Commission) pursuant to 10 CFR Parts 30
and 34 on September 13, 1995. The license authorizes possession and use
of sealed sources in the conduct of industrial radiography in
accordance with the conditions specified therein.
II
On April 6, 1999, an investigation was initiated by the NRC Office
of Investigations (OI) to determine if a radiographer and a
radiographer's assistant, employees of an NRC licensee, deliberately
violated NRC requirements at a jobsite in Pocatello, Idaho. Mr.
Mallahan and a radiographer's assistant conducted radiographic
operations at a plant in Idaho during the evening of September 14 and
early morning of September 15, 1998. A radiography camera containing a
sealed source of about 60 curies of cobalt-60 was being used to
complete panoramic radiographic testing of a large steel tank. The tank
had four welded seams and each one required a one-hour shot and about
36 pieces of film. After the last shot, two plant employees breached
the boundary set by the PSI workers. The plant employees became
concerned that they may have received radiation exposures. However, it
was determined that the source had been returned to its shielded
position and locked prior to the employees' entry into the barricaded
area. Therefore, the individuals did not receive a radiation exposure.
As a result of this incident, OI determined that several violations of
NRC requirements occurred during the third and fourth radiographic
shots and that two violations occurred because of the deliberate
actions of Mr. Mallahan. The violations include failure to supervise
the radiographer's assistant (10 CFR 34.46) and to follow the two-
person rule (10 CFR 34.41). Specifically, after the third one-hour shot
was started, Mr. Mallahan began developing film in the dark room,
leaving the assistant alone to maintain constant surveillance of the
barricaded area. At the conclusion of the shot, Mr. Mallahan came out
of the dark room and retracted the source into the device. After the
fourth shot was started, Mr. Mallahan returned to the dark room, as
before, leaving the assistant to maintain constant surveillance of the
barricaded area. Upon completion of the 4th shot, Mr. Mallahan remained
in the dark room and the assistant retracted the source, completed
surveys of the device and guide tube, locked the device, and removed
the key. According to the interview with OI, Mr. Mallahan acknowledged
receiving radiation safety training which included the requirement for
two-person surveillance during the conduct of radiographic operations.
He further acknowledged receiving training on the prohibition of
allowing a radiographer's assistant to conduct radiographic operations
without direct supervision of a radiographer.
III
Based on the above, the NRC has determined that Mr. Mallahan, an
employee of the Licensee, engaged in deliberate misconduct in violation
of 10 CFR 30.10(a)(1), causing the Licensee to be in violation of 10
CFR 34.41(a) and 34.46. Specifically, the NRC has concluded that Mr.
Mallahan deliberately failed to observe the two-person rule and failed
to supervise a radiographer's assistant at a temporary jobsite on
September 14 and 15, 1998. The NRC must be able to rely on the
[[Page 60243]]
Licensee and its employees to comply with NRC requirements. This
deliberate act is significant because Mr. Mallahan, an experienced
radiographer, failed to observe the safeguards designed to protect him
and others from potentially dangerous radiation exposures. Mr.
Mallahan's actions during this incident have raised serious doubt as to
whether he can be relied upon to comply with NRC requirements.
Consequently, 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. Mallahan were permitted at this time to be
involved in NRC-licensed activities. Therefore, the NRC has determined
that the public health, safety and interest require that Mr. Mallahan
be prohibited from any involvement in NRC-licensed activities for a
period of one year from the effective date of this Order. If Mr.
Mallahan is involved in NRC-licensed activities on the effective date
of this Order, he must immediately cease such activities, and inform
the NRC of the name, address and telephone number of the employer, and
provide a copy of this Order to the employer. Additionally for a period
of one year after the one year period of prohibition has expired, Mr.
Mallahan is required to notify the NRC of his first employment in NRC-
licensed activities. Furthermore, pursuant to 10 CFR 2.202, I find that
the significance of Mr. Mallahan's 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, 161i, 161o, 182 and 186
of the Atomic Energy Act of 1954, as amended, and the Commission's
regulations in 10 CFR 2.202, 10 CFR 30.10, and 10 CFR 150.20, It is
hereby ordered, effective immediately, that:
1. Mr. Mallahan is prohibited from engaging in NRC-licensed
activities for one year from the effective date of this Order. 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
pursuant to the authority granted by 10 CFR 150.20.
2. If Mr. Mallahan is involved in NRC-licensed activities on the
effective date of this Order, he must immediately cease such
activities, and inform the NRC of the name, address and telephone
number of the employer, and provide a copy of this Order to the
employer.
3. For a period of one year after the one year period of
prohibition has expired, Mr. Mallahan shall, within 20 days of his
acceptance of each 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,
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 first such notification, Mr. Mallahan 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, may, in writing, relax or
rescind any of the above conditions upon demonstration by Mr. Mallahan
of good cause.
V
In accordance with 10 CFR 2.202, Mr. Mallahan 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. Where good cause is shown, consideration will be
given to extending the time to 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,
and include a statement of good cause for the extension. 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 Mr. Mallahan 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
be submitted to the Secretary, U.S. Nuclear Regulatory Commission,
ATTN: Rulemakings and Adjudications Staff, 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, NRC Region III, 801 Warrenville Road, Lisle,
Illinois 60532, and to Mr. Mallahan if the answer or hearing request is
by a person other than Mr. Mallahan. If a person other than Mr.
Mallahan 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 Mr. Mallahan 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), Mr. Mallahan 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, or written approval of
an extension of time in which to request a hearing, the provisions
specified in Section IV above shall be effective and final 20 days from
the date of this Order 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. AN ANSWER OR A
REQUEST FOR HEARING SHALL NOT STAY THE IMMEDIATE EFFECTIVENESS OF THIS
ORDER.
Dated this 22nd day of October 1999, Rockville, Maryland.
For the Nuclear Regulatory Commission,
Carl J. Paperiello,
Deputy Executive Director for Materials, Research and State Programs.
[FR Doc. 99-28864 Filed 11-3-99; 8:45 am]
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