[Federal Register Volume 64, Number 89 (Monday, May 10, 1999)]
[Notices]
[Pages 25083-25085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-11670]
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NUCLEAR REGULATORY COMMISSION
[IA 98-067]
In the Matter of Sheila N. Burns; Order Prohibiting Involvement
in NRC-Licensed Activities (Effective Immediately)
I
Sheila N. Burns was employed as a radiographer's assistant by
International Radiography and Inspection Services, Inc. (IRIS or
Licensee), Tulsa, Oklahoma. IRIS holds License No. 35-30246-01 issued
by the Nuclear Regulatory Commission (NRC or Commission) pursuant to 10
CFR Part 34. The license authorizes IRIS to possess and utilize sealed
radiation sources in the performance of industrial radiography in
accordance with the conditions specified in the license.
[[Page 25084]]
II
On November 7, 1998, Ms. Burns and another IRIS employee were
performing radiography at Sagebrush Pipeline Equipment Company in
Sapulpa, Oklahoma, using a radiographic exposure device (camera)
containing approximately 87 curies of iridium-192. Ms. Burns was the
radiographer's assistant on this job; the other IRIS employee was a
radiographer. In accordance with 10 CFR 34.46, the radiographer's
assistant was required to be under the personal supervision of the
radiographer when using the radiographic exposure device or performing
radiation surveys.
On November 9, 1998, the radiation safety officer for IRIS notified
the NRC Operations Center in Rockville, Maryland, of an incident that
occurred on November 7, 1998, involving Ms. Burns and the radiographer.
The incident resulted in a radiation exposure to Ms. Burns in excess of
the annual limit in 10 CFR 20.1201.
The NRC conducted an inspection and investigation to review the
circumstances surrounding this incident, and identified numerous
apparent violations of radiation safety requirements associated with
this incident, many of which were committed deliberately. The results
of the NRC investigation were described in an investigation report
issued on January 5, 1999. The results of the inspection were described
in an inspection report issued on March 3, 1999. On January 25,
February 4, and March 18, 1999, respectively, the NRC conducted
separate predecisional enforcement conferences with Ms. Burns, the
radiographer, and IRIS representatives. The conferences were conducted
to discuss the apparent violations and to assist the NRC in reaching
enforcement decisions in this matter.
With respect to Ms. Burns, the NRC has determined that she engaged
in the following acts of deliberate misconduct prohibited by 10 CFR
30.10(a)(i) that caused IRIS to be in willful violation of regulatory
requirements by: (1) Knowingly conducting radiography at a site at
which there was no radiation survey instrument, contrary to the
requirements of 10 CFR 34.25(a); (2) knowingly conducting radiography
without performing radiation surveys each time the radiographic source
was returned to its shielded position following an exposure, contrary
to the requirements of 10 CFR 34.49(b); and (3) knowingly conducting
radiography without wearing all required personal radiation monitoring
equipment, contrary to the requirements of 10 CFR 34.47(a). In
addition, Ms. Burns knowingly provided false and misleading information
to IRIS's radiation safety officer following the incident, contrary to
the requirements of 10 CFR 30.10(a)(2). With regard to the latter
violation, Ms. Burns knowingly provided IRIS officials with false
information which was intended to cause them to believe that the
radiographer was in the restroom at the time of the exposure incident,
that she and the radiographer had followed radiation safety
requirements regarding the use of radiation survey instruments and
personal dosimetry, that she had inadvertently used a faulty alarm
ratemeter that night, and that she and the radiographer had halted
radiography work following her pocket dosimeter going off-scale.
III
The NRC must be able to rely on the Licensee and its employees to
comply with NRC requirements, including the requirement to provide
information that is complete and accurate in all material respects. Ms.
Burns' deliberate misconduct, which caused IRIS to violate the
Commission's regulations and resulted in a radiation exposure in excess
of the annual limit in 10 CFR 20.1201, and her misrepresentations to
IRIS officials, have raised serious doubt as to whether she can be
relied upon to comply with NRC requirements, and to provide complete
and accurate information to the NRC and its licensees.
Consequently, I lack the requisite reasonable assurance that
licensed activities will be conducted in compliance with the
Commission's requirements and that the health and safety of the public
will be protected if Sheila N. Burns were permitted at this time to be
involved in NRC-licensed activities. Therefore, the public health,
safety and interest require that Sheila N. Burns be prohibited from any
involvement in NRC-licensed activities for a period of 3 years from the
date of this Order. Additionally, Sheila N. Burns is required to notify
the NRC of her first employment in NRC-licensed activities following
the prohibition period. Furthermore, pursuant to 10 CFR 2.202, I find
that the significance of Sheila N. Burns'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. Sheila N. Burns is prohibited for 3 years from the date of this
Order from engaging in 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 pursuant to the
authority granted by 10 CFR 150.20.
2. If Sheila N. Burns is currently involved with another licensee
in NRC-licensed activities, she must immediately cease those
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 3 years after the 3-year period of prohibition
has expired, Sheila N. Burns shall, within 20 days of her acceptance of
each employment offer involving NRC-licensed activities or her 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 she
is, or will be, involved in NRC-licensed activities. In the first
notification Ms. Burns shall include a statement of her commitment to
compliance with regulatory requirements and the basis why the
Commission should have confidence that she 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 Sheila N.
Burns of good cause.
V
In accordance with 10 CFR 2.202, Ms. Burns 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
[[Page 25085]]
each allegation or charge made in this Order and shall set forth the
matters of fact and law on which Ms. Burns 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
Materials Litigation and Enforcement at the same address, to the
Regional Administrator, NRC Region IV, 611 Ryan Plaza Drive, Suite 400,
Arlington, Texas 76011, and to Ms. Burns if the answer or hearing
request is by a person other than Ms. Burns. If a person other than Ms.
Burns 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 Ms. Burns 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), Ms. Burns 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 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 29th day of April 1999.
For the Nuclear Regulatory Commission.
Malcolm R. Knapp,
Deputy Executive Director for Regulatory Effectiveness.
[FR Doc. 99-11670 Filed 5-7-99; 8:45 am]
BILLING CODE 7590-01-P
