[Federal Register Volume 61, Number 141 (Monday, July 22, 1996)]
[Notices]
[Pages 37938-37940]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18494]
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NUCLEAR REGULATORY COMMISSION
[IA 96-042]
Order Prohibiting Involvement in NRC-Licensed Activities
In the Matter of Mark A. Jenson (Home Address Deleted Under 10
CFR 2.2790).
I
Mark A. Jenson was employed as President of NDT Services, Inc. in
Caguas, Puerto Rico, in 1993. NDT Services, Inc. (NDTS or Licensee)
holds License No. 52-19438-01, issued to the Licensee in 1987 and last
amended by the Nuclear Regulatory Commission (NRC or Commission)
pursuant to 10 CFR Part 30 on March 9, 1995. The license authorizes
industrial gamma ray radiography in accordance with the conditions
specified therein. Mr. Jenson was identified in a letter from the
Licensee to NRC, dated September 4, 1993, and in other licensing and
inspection correspondence, as the President, NDTS.
II
On December 16-17, 1993, a special inspection of NDTS' activities
was conducted at the Licensee's facility in Caguas, Puerto Rico, in
response to notifications received in the NRC Region II office that on
September 4, 1993, two contract radiographers \1\ employed by NDTS had
been unable to return a radiography source to its shielded position
following radiographic operations, which resulted in the evacuation of
the Sun Oil Company refinery in Yabucoa, Puerto Rico, for several
hours. Based on the results of the inspection, an investigation was
initiated by the NRC Office of Investigations (OI) on December 30,
1993.
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\1\ The radiographers involved in the event were contracted by
NDTS from National Inspection and Consultants (NIC), an Agreement
State Licensee in Florida. While no written contract was established
to outline the scope and conditions of work, based on the
information available, the NRC concluded that the work performed on
September 4, 1993, was performed under the provisions of the NDTS
License.
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On December 21, 1995, OI completed its investigation and concluded,
in part, the NDTS, with the knowledge and approval of the former
Radiation Safety Officer (RSO) and former President, deliberately
utilized radiographers untrained in NDTS operating and emergency
procedures. During an August 31, 1995 interview with OI, Mr. Jenson
stated that he was aware that even a highly qualified radiographer from
another company must received additional training before operating
under NDTS' program. Mr. Jenson further stated that, prior to the
September 4, 1993 incident, NDTS' former RSO told Mr. Jenson that the
radiographers needed additional training prior to performing
radiography. Nonetheless, Mr. Jenson allowed the radiographers to
conduct licensed activities without the required training. In addition,
Mr. Jenson stated that, following the September 4, 1993 incident, he
requested both radiographers to sign a document certifying that the
radiographers had been trained by NDTS, when in fact, they had not
been. The radiographers refused to sign the document. Furthermore,
during a May 19, 1995 transcribed interview with OI, one of the
radiographers corroborated Mr. Jenson's admission (i.e., that Mr.
Jenson asked the radiographer to sign a document indicating that the
radiographer had been trained).
By letter dated February 20, 1996, Mr. Jenson was informed of the
inspection and investigation results and was provided the opportunity
to participate in a predecisional enforcement conference. Although the
NRC has confirmation that Mr. Jenson received the letter (i.e.,
returned certified mail
[[Page 37939]]
receipt as well as a telephone acknowledgement by his spouse to the NRC
on February 29, 1996), Mr. Jenson never responded to the letter and,
therefore, no conference has been conducted with him. However, on May
17, 1996, a teleconference was conducted with Mr. Jenson to further
discuss this case. Additionally, on February 29 and March 4, 1996,
predecisional enforcement conferences were conducted with one of the
contract radiographers, and NDTS, respectively.
Based on the information gathered during the inspection,
investigation, predecisional enforcement conferences, and subsequent
interviews in this case, the NRC has determined that: (1) Mr. Jenson
deliberately permitted unqualified radiographers to perform radiography
for NDTS on September 4, 1993, in that he knew the radiographers had
not been trained in NDTS procedures or equipment; and (2) Mr. Jenson
attempted to generate a false, NRC-required training record for the
contract radiographers involved in the source disconnect event when,
subsequent to September 4, 1993, he requested both individuals to sign
a document indicating that the individual had been trained in the NDTS
radiation safety manual and procedure, when in fact, the contract
radiographer had not been trained.
III
Based on the above, the staff concludes that Mr. Jenson engaged in
deliberate misconduct, a violation of 10 CFR 30.10, which caused the
Licensee to be in violation of 10 CFR 34.31(a) by failing to utilize
trained and qualified individuals for the conduct of radiographic
operations at the Sun Oil Company refinery on September 4, 1993. Mr.
Jenson's attempt to generate a falsified training record for the
radiographer also demonstrates a lack of integrity which cannot be
tolerated. As the former President of NDTS, Mr. Jenson was responsible
for ensuring that NDTS conducted activities in accordance with NRC
requirements. The NRC must be able to rely on the Licensee, its
officials and employees to comply with NRC requirements, including the
requirements to train radiographers in accordance with NRC regulations
and to maintain complete and accurate information required by the NRC.
Mr. Jenson's deliberate misconduct in causing the Licensee to violate
10 CFR 34.31(a) is a violation of 10 CFR 30.10 and 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 Mr. Jenson were permitted at this time to be
involved in NRC-licensed activities. Therefore, the public health,
safety and interest require that Mr. Jenson be prohibited from any
involvement in NRC-licensed activities for a period of five years, and,
if he is currently involved with another licensee in NRC-licensed
activities, he must, following the effective date of this Order, 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, Mr. Jenson is required to notify the NRC of his
first employment involving NRC-licensed activities within a period of
five years following the five-year 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, and 10 CFR 30.10, it is hereby ordered
that:
A. For a period of five years from the effective date of this
Order, Mark A. Jenson is prohibited from engaging in, or exercising
control over individuals engaged in, NRC-licensed activities. NRC-
licensed activities are those activities which 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. This prohibition
includes, but is not limited to: (1) Using licensed materials or
conducting licensed activities in any capacity within the jurisdiction
of the NRC; and (2) supervising or directing any licensed activities
conducted within the jurisdiction of the NRC.
B. At least five days prior to the first time that Mark A. Jenson
engages in, or exercises control over, NRC-licensed activities within a
period of five years following the five-year prohibition period
outlined in Section IV.A above, he shall notify the Director, Office of
Enforcement, U.S. Nuclear Regulatory Commission, Washington, D.C.
20555, of the name, address, and telephone number of the NRC or
Agreement State licensee and the location where the licensed activities
will be performed. The notice shall be accompanied by a statement,
under oath or affirmation, that Mark A. Jenson understands NRC
requirements, that he is committed to compliance with NRC requirements,
and that provides a basis as to 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. Jenson of
good cause.
V
In accordance with 10 CFR 2.202, Mark A. Jenson 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, D.C.
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. Jenson 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: Chief, Docketing and Service Section, 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 Hearing and Enforcement at the
same address, to the Regional Administrator, NRC Region II, Suite 2900,
101 Marietta Street, Atlanta, GA 30323, and to Mark A. Jenson, if the
answer or hearing request is by a person other than Mark A. Jenson. If
a person other than Mark A. Jenson 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 Mark A. Jenson, or another 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
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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.
For the Nuclear Regulatory Commission.
Dated at Rockville, Maryland, this 16th day of July 1996.
Hugh L. Thompson, Jr.,
Deputy Executive Director for Nuclear Materials Safety, Safeguards and
Operations Support.
[FR Doc. 96-18494 Filed 7-19-96; 8:45 am]
BILLING CODE 7590-01-M
