[Federal Register Volume 64, Number 68 (Friday, April 9, 1999)]
[Notices]
[Pages 17424-17425]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-8872]
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NUCLEAR REGULATORY COMMISSION
[IA 98-058]
A. Abdulshafi, Ph.D.; Order Prohibiting Involvement in NRC-
Licensed Activities
I
Dr. A. Abdulshafi, Ph.D. (Dr. Abdulshafi) is the Owner, President,
and Radiation Safety Officer of DAS Consult, Inc. (DAS or Licensee), an
NRC licensee who is the holder of Byproduct Material License No. 34-
26551-01 issued by the Nuclear Regulatory Commission (NRC or
Commission) pursuant to 10 CFR part 30. The license authorizes
possession and use of moisture density gauges containing byproduct
material in accordance with the conditions specified therein. The
license was originally issued on February 2, 1994, and is due to expire
on February 28, 2004.
II
Between June 19 and 25, 1998, a special inspection of licensed
activities was conducted to determine if licensed material was being
used, stored, or transferred in accordance with NRC requirements. The
inspection was initiated because the Licensee failed to pay its annual
fee, and attempts to contact the Licensee by telephone and by mail were
unsuccessful. The inspector discovered that in January, 1997, the
Licensee had sold its physical assets, including six moisture density
gauges containing byproduct material, to Diversified Global Enterprises
Company (DGE), an entity which was not authorized to possess or use
such material either by the NRC or by an Agreement State. The gauges
contained sufficient quantities of cesium-137 and americium-241 to
require persons who possess these devices to hold a specific NRC
license. NRC regulations at 10 CFR 30.41, provide, in part, that
licensees may not transfer byproduct material except to a person
authorized to receive such byproduct material under the terms of a
specific or general license issued by the Commission or an Agreement
State.
In March 1997, two months after the sale of DAS physical assets to
DGE, by a letter to NRC Region III dated March 24, 1997, Dr. Abdulshafi
requested that the DAS license be amended to reflect a change in office
location. The letter forwarded payment for the amendment as well as the
annual fee. The letter did not indicate that the gauges had been sold
or transferred. After May 1997, DGE moved the gauges to another
location and the business association between Dr. Abdulshafi and DGE
ended. As a result of the NRC special inspection, Dr. Abdulshafi
retrieved the gauges from DGE and properly transferred them to another
company authorized to possess and receive them.
On June 29, 1998, an investigation was initiated by the NRC Office
of Investigations (OI) to determine whether the transfer of byproduct
material to DGE was a willful violation. At the predecisional
enforcement conference held with Dr. Abdulshafi and NRC staff by
telephone on January 5, 1999, Dr. Abdulshafi agreed that a violation
involving the improper transfer of licensed material occurred. He
maintained that his actions were not deliberate, but were the result of
personal problems and a misunderstanding between himself and DGE. In
his OI testimony, however, Dr. Abdulshafi stated that during the
negotiations preceding the January, 1997, sale of physical assets, he
advised DGE that DGE must have an NRC license to possess the gauges,
knowing that DGE did not possess a license. Moreover, Dr. Abdulshafi
acknowledged continuing to advise Dr. El-Naggar, President of DGE, and
possibly other DGE officials at various times between January and April
1997, that DGE needed to obtain an NRC license in order to possess the
gauges. Based on the evidence obtained by OI and a predecisional
enforcement conference with Dr. Abdulshafi on January 5, 1999, the NRC
staff concludes that in January, 1997, Dr. Abdulshafi, Owner, President
and Radiation Safety Officer of DAS,
[[Page 17425]]
deliberately transferred nuclear material to DGE, a person not
authorized to possess or use such material, in violation of 10 CFR
30.41.
III
Based on the above, it appears that Dr.Abbdulshafi engaged in
deliberate misconduct in violation of 10 CFR 30.10(a)(1), causing the
Licensee to be in violation of 10 CFR 30.41(a) and (b)(5). Dr.
Abdulshafi deliberately transferred six Troxler moisture density gauges
containing byproduct material to a person not authorized to possess or
use such material.
The NRC must be able to rely upon licensees and their employees to
comply with NRC requirements, including the requirement that byproduct
material may be transferred only to persons authorized to receive such
materials, in order to protect public health and safety. Dr.
Abdulshafi's deliberate action in causing the Licensee to violate 10
CFR 30.41 has 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 Dr. Abdulshafi were permitted at this time to be
involved in NRC-licensed activities. Therefore, the public health,
safety and interest require that Dr. Abdulshafi be prohibited from any
involvement in NRC-licensed activities for a period of one year from
the effective date of this Order. Additionally, Dr. Abdulshafi is
required to notify the NRC of his subsequent employment in NRC-licensed
activities for a one year period 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, 10 CFR 30.10, and 10 CFR 150.20, it is
hereby ordered that:
1. Dr. Abdulshafi 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 Dr. Abdulshafi 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 licensee, and provide a copy of this Order to the
licensee.
3. For a period of one year after the one year period of
prohibition has expired, Dr. Abdulshafi shall, within 20 days of
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, Dr. Abdulshafi 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, OE, may, in writing, relax or rescind any of the
above conditions upon a demonstration by Dr. Abdulshafi of good cause.
V
In accordance with 10 CFR 2.202, Dr. Abdulshafi 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 Dr. Abdulshafi 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 Deputy Assistant
General Counsel for Enforcement at the same address, to the Regional
Administrator, NRC Region III, 801 Warrenville Road, Lisle, IL 60532,
and to Dr. Abdulshafi if the answer or hearing request is by a person
other than Dr. Abdulshafi. If a person other than Dr. Abdulshafi
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 Dr. Abdulshafi, 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.
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.
Dated at Rockville, Maryland this 31st day of March 1999.
For the Nuclear Regulatory Commission.
Malcolm R. Knapp,
Deputy Executive Director for Regulatory Effectiveness.
[FR Doc. 99-8872 Filed 4-8-99; 8:45 am]
BILLING CODE 7590-01-P
