[Federal Register Volume 64, Number 145 (Thursday, July 29, 1999)]
[Notices]
[Pages 41169-41171]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-19365]
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NUCLEAR REGULATORY COMMISSION
[IA 99-019]
Richard A. Speciale; Order Prohibiting Involvement in NRC-
Licensed Activities (Effective Immediately)
I
Mr. Richard A. Speciale (Mr. Speciale) was formerly Director, and
Radiation Safety Officer of Special Testing Laboratories, Inc. (Special
Testing or Licensee). Special Testing is the holder of Byproduct
Nuclear Material License No. 06-30361-01 issued by the Nuclear
Regulatory Commission (NRC or Commission) pursuant to 10 CFR Part 30.
The license authorizes possession and use of Troxler Electronics
Laboratories, Campbell Pacific Nuclear, Humbolt Scientific, Seamen
Nuclear, or Soiltest nuclear gauges. The license was issued on August
6, 1997, and is due to expire on August 31, 2007.
Mr. Speciale was also the Director of Testwell Craig Laboratories
of Connecticut, Inc. (Testwell Craig), which previously held License
No. 06-19720-01 authorizing possession and use of portable nuclear
density gauges. This license was suspended on July 1, 1996, due to non-
payment of fees.
II
On October 14, 15, and 16, 1998, and November 9-10, 1998, an NRC
Region I inspector, accompanied by an investigator from the NRC Office
of Investigations, conducted an inspection/investigation at the
Licensee's facility in Bethel, Connecticut. During the inspection/
investigation, the NRC determined that: (1) Portable gauges containing
NRC-licensed material were routinely used by some Licensee employees
who had not received the required training; (2) some Licensee employees
were using the gauges without being provided the required personnel
dosimeters; and (3) leak tests of the gauges were not being performed
at the required frequency.
During the October inspection/investigation, Mr. Speciale was
interviewed by the inspector and investigator. In that interview, Mr.
Speciale, when questioned concerning the scope of the Licensee's
program, informed the NRC that the Licensee possessed four Troxler
portable gauges that were used by three or four authorized users,
including himself. He also stated that he did not believe any of his
field technicians were operating gauges without training.
The NRC inspector and investigator returned to the facility on
November 9-10, 1998, to complete the inspection/investigation, at which
time the NRC was provided records indicating that nine individuals had
received manufacturer's training on October 29, 1998, which was
subsequent to the NRC's October 1998 visit. Mr. Speciale was questioned
as to why nine individuals had received such training when he had
previously stated that gauges were used by three or four users.
Although Mr. Speciale initially maintained that only three individuals
were using four gauges, he subsequently stated, and available records
showed, that Speciale Testing possessed 13 gauges, and these gauges
were used by as many as 14 individuals. Also, during the November
inspection/investigation, seven gauge users stated that they used
portable gauges without formal training for periods ranging from
several weeks to four years prior to October 29, 1998. The NRC also
learned, based on discussions with Mr. Speciale, that there were
periods when gauge users were not provided personnel dosimeters.
Further, three gauge users stated that they operated portable gauges
without wearing ``film badges'' for periods ranging from one to several
months prior to October 1998. When questioned as to why individuals
were using gauges without training or personnel dosimeters, Mr.
Speciale indicated that the required training and dosimeters were not
previously provided due to financial considerations, even though he
continued to direct the individuals to use the gauges.
During a subsequent interview with the OI investigator on November
19, 1998, Mr. Speciale admitted that he ``never stopped using nuclear
gauges'' after the Testwell Craig license was suspended for non-payment
of fees and before the Special Testing license was issued. He stated
that he failed to do so because Testwell Craig had ``job commitments to
finish.'' Thus, on numerous occasions between July 1, 1996, and August
6, 1997, Mr. Speciale continued to use these gauges without an NRC
license.
As a result, prior to completion of the investigation, the NRC
issued to Special Testing an Order Suspending License on December 23,
1998. The suspension order was rescinded on January 22, 1999, after
Special Testing consented to issuance of a Confirmatory Order Modifying
License that required, in part: (1) Mr. Speciale not be involved in
NRC-licensed activities at Special Testing; and (2) Special Testing
take corrective actions to prevent recurrence of the violations.
III
The NRC's requirements in 10 CFR 30.10(a)(1) prohibit an individual
from engaging in deliberate misconduct that causes or, but for
detection, would have caused, a licensee to be in violation of any
rule, regulation, or order, or any term, condition, or limitation of
any license, issued by the Commission. In addition, 10 CFR 30.10(a)(2)
prohibits an individual from deliberately submitting to the NRC
information that the individual submitting the information knows to be
incomplete or inaccurate in some respect material to
[[Page 41170]]
the NRC. 10 CFR 30.9 requires, in part, that information provided to
the Commission by a licensee be complete and accurate in all material
respects.
Based on the inspection/investigation, the NRC has concluded that
Mr. Speciale violated 10 CFR 30.10. Specifically, Mr. Speciale violated
10 CFR 30.10(a)(1) in that he deliberately caused the Licensee to
violate NRC requirements by: (1) Allowing untrained individuals to use
gauges, contrary to License Condition 11.A of Special Testing's
license; (2) not providing these individuals with the necessary
dosimetry while they were using the gauges, contrary to License
Condition 19 of Special Testing's license; (3) providing to the NRC
inaccurate information concerning the number of gauges possessed and
used by the Licensee and concerning the training of gauge users,
contrary to 10 CFR 30.9; and (4) while in the position of Director of
Testwell Craig, directing the use of gauges even though Testwell
Craig's license had been suspended for nonpayment of fees and Special
Testing's license had not yet been issued, contrary to Section III.A of
the Order Suspending License issued to Testwell Craig. Mr. Speciale
also violated 10 CFR 30.10(a)(2) by deliberately providing to the NRC
inaccurate information concerning the number of gauges possessed and
used by the Licensee and concerning the training of gauge users.
IV
Deliberately violating NRC requirements is of significant concern
because the NRC must be able to rely on the integrity of Licensee
employees to comply with NRC requirements. Directing untrained
individuals to conduct NRC-licensed activities and not providing
dosimetry is significant because misuse of gauges (which contain NRC-
licensed material) could result in unnecessary radiation exposures to
workers and members of the public. Moreover, deliberately providing
false information to the NRC is significant because the Commission must
be able to rely on its licensees to provide complete and accurate
information. Given the above, it appears that Mr. Speciale is either
unwilling or unable to comply with the Commission's requirements.
The NRC must be able to rely on the Licensee, and the Licensee
employees, to comply with NRC requirements, including the requirement
to provide information that is complete and accurate in all material
respects. Mr. Speciale's action in deliberately violating Commission
regulations, raises serious questions as to whether he can be relied
upon to comply with NRC requirements and to provide or maintain
complete and accurate information to the NRC, and raises questions
about his trustworthiness and reliability.
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
would be protected if Richard A. Speciale 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
Richard A. Speciale be prohibited from any involvement in NRC-licensed
activities for a period of five years. If Richard A. Speciale is
currently involved in NRC-licensed activities, Mr. Speciale 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, Mr. Speciale is required to
notify the NRC of his first employment in NRC-licensed activities
following the prohibition period. Furthermore, pursuant to 10 CFR
2.202, I find that the significance of Mr. Speciale's conduct described
above is such that the public health, safety and interest require that
this Order be immediately effective.
V
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. Richard A. Speciale is prohibited from engaging in NRC licensed
activities for five years from the 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 Richard A. Speciale is currently involved in NRC-licensed
activities, Mr. Speciale 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 five year period of
prohibition has expired, Mr. Speciale shall, within 20 days of his
acceptance of each employment offer involving 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 notification, Mr. Speciale 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. Speciale
of good cause.
VI
In accordance with 10 CFR 2.202, Richard A. Speciale 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. Speciale 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, 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 I, U.S. Nuclear Regulatory, 475
Allendale Road, King of Prussia, Pennsylvania 19406, and to Mr.
Speciale if the answer or hearing request is by a person other than Mr.
Speciale. If a person other than Mr. Speciale requests a hearing, that
person shall set forth with particularity the manner in which that
person's 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. Speciale or a person whose
interest is
[[Page 41171]]
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. Speciale 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 at Rockville, Maryland this 21st day of July, 1999.
For the Nuclear Regulatory Commission.
Malcolm R. Knapp,
Deputy Executive Director for Regulatory Effectiveness.
[FR Doc. 99-19365 Filed 7-28-99; 8:45 am]
BILLING CODE 7590-01-P
