[Federal Register Volume 60, Number 128 (Wednesday, July 5, 1995)]
[Notices]
[Pages 35057-35058]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16371]
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NUCLEAR REGULATORY COMMISSION
[IA 95-022]
In the Matter of: Marc W. Zuverink, Holland, Michigan; Order
Prohibiting Involvement in NRC-Licensed Activities and Requiring
Certain Notification to NRC
I
Cammenga Associates, Inc. (Cammenga or Licensee) holds Byproduct
Material License No. 21-26460-01 issued by the U.S. Nuclear Regulatory
Commission (NRC or Commission) pursuant to 10 CFR Part 30 on September
27, 1993. The license authorizes the use of byproduct material,
hydrogen-3 (tritium), in sealed vials for the production of tritium
radioluminescent devices. The license is due to expire on January 31,
1998. From July 29, 1994, to September 16, 1994, Marc W. Zuverink was
contracted to Cammenga through a temporary hiring service.
II
The Licensee trained Mr. Zuverink as a radiation worker. The
training included a discussion of potential sanctions against employees
who misused, mishandled, or stole radioactive material. Mr. Zuverink's
answers on a comprehensive written exam given by the Licensee indicate
that he was aware of potential civil and criminal penalties for
employees who deliberately violate federal regulations or license
requirements governing the use of tritium. The radiation safety
training allowed Mr. Zuverink to enter the Licensee's restricted area
and to have access to licensed material as part of the process of
manufacturing tritium illuminated compasses under contract to the
United States military.
III
On September 30, 1994, the Licensee undertook an inventory of NRC-
licensed material in its possession. Upon completion, the inventory
determined that 1099 vials, containing a total of 49.11 curies of
tritium, were missing. The Licensee notified the NRC and the Ottawa
County, Michigan, Sheriff's Department. An inspection was conducted by
NRC Region III personnel on October 7 and 8, 1994, to evaluate the
radiological consequences of the missing material and to monitor the
retrieval of the tritium sources. Investigations were conducted by the
NRC Office of Investigations (OI), the Ottawa County Sheriff's
Department, and the Department of Defense Criminal Investigation
Service.
Mr. Zuverink admitted to the investigators that he took tritium
vials and completed compasses with tritium inserts from the Licensee on
more than one occasion. The largest theft apparently took place on
September 10, 1994, when he took nine bags of vials from the Licensee,
each bag containing 100 vials of tritium, 50 millicuries per vial. Mr.
Zuverink stated that he gave the tritium vials and compasses to various
members of the public, including approximately 100 vials (5,000
millicuries) to a teenage skateboarder whom he did not know. Mr.
Zuverink also admitted that he crushed a tritium vial on a kitchen
table at his home in the presence of another individual. This action
contaminated the tabletop and caused the other individual to receive a
minor tritium uptake (internal tritium contamination). Minor
contamination of a countertop and tables was also found in a restaurant
where Mr. Zuverink had given one or more vials to another member of the
public. Mr. Zuverink was able to arrange for the return of 548 tritium
vials, leaving 551 vials unaccounted for (401 vials at 50 millicuries,
57 vials at 25 millicuries, and 93 vials at 5 millicuries).
OI also found that Mr. Zuverink made false statements to an OI
investigator and an NRC inspector during an interview on October 7,
1994. During that interview, Mr. Zuverink stated that he never had any
tritium vials at his home, had given tritium vials to only two
individuals, and had stolen only one compass. These statements were
contradicted by Mr. Zuverink's sworn testimony on October 17, 1994.
Mr. Zuverink's acquisition, possession and transfer of NRC-licensed
material, tritium, is a deliberate violation of 10 CFR 30.3,
``Activities requiring license.'' 10 CFR 30.3 requires that no person
shall manufacture, produce, transfer, receive, acquire, own, possess,
or use byproduct material except as authorized in a specific or general
license. Mr. Zuverink was not authorized in a specific or general
license to acquire, possess or transfer byproduct material, including
tritium.
Pursuant to a plea arrangement dated February 3, 1995, Mr. Zuverink
agreed to plead guilty in the U.S. District Court for the Western
District of Michigan to one criminal count of violating 18 U.S.C. 641,
a misdemeanor. Specifically, the agreement describes the charge as
stealing compasses, containing the radioactive substance tritium, which
belonged to the United States and which were manufactured under
contract for the United States. As a result, on April 18, 1995, a
judgment was entered whereby Mr. Zuverink was sentenced to serve one
year in federal custody, pay a fine of $500, make restitution to
Cammenga in the amount of $1,000, and pay a $25 special assessment to
the court.
IV
Based on the above, the NRC concludes that Marc W. Zuverink engaged
in deliberate misconduct that constituted a violation of 10 CFR 30.3
when he stole and transferred NRC-licensed material. The NRC must be
able to rely on its licensees, and the employees of licensees and
licensee contractors, to comply with NRC requirements, including the
requirement that licensed material cannot be acquired, possessed or
distributed without a specific or general license. The deliberate
violation of 10 CFR 30.3 by Marc W. Zuverink, as discussed above, has
raised serious doubt as to whether he can be relied on to comply with
NRC requirements.
[[Page 35058]]
Consequently, I lack the requisite assurance that Marc W. Zuverink
will conduct licensed activities in compliance with the Commission's
requirements or that the health and safety of the public will be
protected if Marc W. Zuverink were permitted at this time to be
involved in NRC-licensed activities. Therefore, the public health,
safety and interest require that for a period of ten years from the
date of this Order, Marc W. Zuverink be prohibited from any involvement
in NRC-licensed activities for either: (1) An NRC licensee, or (2) an
Agreement State licensee performing licensed activities in areas of NRC
jurisdiction in accordance with 10 CFR 15.020. In addition, for a
period of five years commencing after the ten year period of
prohibition, Mr. Zuverink must notify the NRC of his employment or
involvement in NRC-licensed activities to ensure that the NRC can
monitor the status of Mr. Zuverink's compliance with the Commission's
requirements and his understanding of his commitment to compliance.
V
Accordingly, pursuant to sections 81, 1761b, 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 Part 30, and 10 CFR 150.20, it is
hereby ordered that:
1. Marc W. Zuverink is prohibited for a period of ten 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. For a period of five years, after the above ten year period of
prohibition has expired, Marc W. Zuverink 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 V.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, Marc W. Zuverink shall
include a statement of his commitment to compliance with regulatory
requirements and the 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. Zuverink
of good cause.
VI
In accordance with 10 CFR 2.202, Marc W. Zuverink 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 45 days of
the date of this Order. 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. Zuverink 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, and to the Regional Administrator, NRC Region
III, 801 Warrenville Road, Lisle, Illinois 60632-4531, if the answer or
hearing request is by a person other than Mr. Zuverink. If a person
other than Mr. Zuverink requests a hearing, that person shall set forth
with particularity the manner in which his or her interest is adversely
affected by the Order and shall address the criteria set forth in 10
CFR 2.714(d).
If a hearing is requested by Mr. Zuverink 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. Since Mr. Zuverink is currently in Federal
custody, if a hearing is requested, the Commission will not act on the
hearing request until Mr. Zuverink is released from Federal custody. If
Mr. Zuverink requests a hearing, the hearing request will not be
granted unless Mr. Zuverink: (1) Notifies the Secretary, U.S. Nuclear
Regulatory Commission, at the address given above, within 20 days of
his release from Federal custody, that he has been released from
Federal custody; and (2) provides in the notice his then-current
address where he can be contacted and a statement that he continues to
desire the hearing. A copy of the notice shall also be sent to the
Director, Office of Enforcement, and the Assistant General Counsel for
Hearings and Enforcement, at the address given above.
In the absence of any request for hearing, the provisions specified
in Section V above shall be effective and final 45 days from the date
of this Order without further order or proceedings. In the event that
Mr. Zuverink makes the sole request for a hearing and fails to comply
with the notification requirements above, the provisions specified in
Section V above shall be effective and final 20 days after he is
released from Federal custody.
Dated at Rockville, Maryland this 27th day June 1995.
For the Nuclear Regulatory Commission.
Hugh L. Thompson, Jr.,
Deputy Executive Director for Nuclear Materials Safety, Safeguards and
Operations Support.
[FR Doc. 95-16371 Filed 7-3-95; 8:45 am]
BILLING CODE 7590-01-M
