[Federal Register Volume 60, Number 158 (Wednesday, August 16, 1995)]
[Notices]
[Pages 42633-42635]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20241]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 030-31252, License No. 35-26996-01, IA 95-028]
Maria Hollingsworth, Tulsa, Oklahoma; Order Prohibiting
Involvement in NRC-Licensed Activities and Requiring Certain
Notification to NRC (Effective Immediately)
I
Maria Hollingsworth is the owner and operator of Blackhawk
Engineering, Inc. (Licensee or Blackhawk) and served as the radiation
safety officer with respect to its Nuclear Regulatory Commission (NRC
or Commission) license. Blackhawk was issued Byproduct Materials
License No. 35-26996-01 by the NRC, pursuant to 10 CFR Part 30, on
August 22, 1989. The license authorized Blackhawk to possess and
utilize sealed sources of radioactive material contained in moisture/
density gauges in accordance with the conditions specified therein. The
license expired on August 31, 1994, and Blackhawk did not submit a
renewal application as provided in 10 CFR 30.37. On February 14, 1995,
the NRC issued an order requiring Blackhawk to cease use of, and
transfer, all NRC-licensed material in its possession to a person
authorized to receive and possess such material (EA 95-018). Blackhawk
complied with the terms of the order and on May 17, 1995, the NRC
issued a Notice of Termination of Blackhawk's NRC license.
II
The February 14, 1995 order was issued to Blackhawk because: (1)
Blackhawk continued to utilize gauges containing NRC-licensed material
after
[[Page 42634]]
the NRC license had expired, and Ms. Hollingsworth had specifically
agreed not to utilize this material, as confirmed by a Confirmatory
Action Letter (CAL) from the NRC to Blackhawk on November 8, 1994; and
(2) Ms. Hollingsworth was not truthful in statements made to NRC
personnel regarding the continued use of the gauges. Ms.
Hollingsworth's actions were in violation of 10 CFR 30.10, a regulation
prohibiting deliberate misconduct by any licensee or employee of a
licensee. Deliberate misconduct includes an intentional act or omission
that a person knows would cause a licensee to be in violation of NRC
requirements, or deliberate submission to the NRC of material
information that the person submitting the information knows to be
incomplete or inaccurate. In brief, Ms. Hollingsworth violated 10 CFR
30.10 because, as she admitted to NRC investigators: (1) She understood
in November 1994 that she no longer was authorized to use the gauges
but did use the gauges until December 22, 1994, to complete a
construction job; and (2) she deliberately provided false information
when she told an NRC inspector on December 19, 1994 that she had not
used the gauges since 1992.
On June 5, 1995, the NRC conducted a telephonic enforcement
conference with Ms. Hollingsworth to determine whether her deliberate
misconduct warranted enforcement action directly against her as an
individual. Ms. Hollingsworth stated that prior to November 1994, she
had responded to NRC inquiries regarding the renewal of Blackhawk's
license and believed that she had taken care of it. However, she
admitted that, after being contacted by the regional office in November
1994 and receiving a November 8, 1994 Confirmatory Action Letter (CAL)
from NRC, she made a conscious decision to continue using the gauges,
contrary to the terms of the CAL, to complete a construction job. Ms.
Hollingsworth also stated that she did so without contacting the NRC
for further guidance or assistance because she believed that NRC would
not have allowed her to continue using licensed material. Ms.
Hollingsworth stated that she would comply with all NRC regulations in
the future.
III
Ms. Hollingsworth admits both to deliberately violating NRC
requirements by using NRC-licensed material after being made aware of
the expiration of Blackhawk's license, and to deliberately making a
false statement to an NRC inspector. Given Ms. Hollingsworth's position
as owner and operator of Blackhawk and her role as the radiation safety
officer with respect to the NRC license, the NRC considers her
deliberate misconduct particularly significant. NRC must be able to
rely on licensee management to comply with NRC requirements, especially
the requirement to provide accurate information to the NRC. Despite her
commitment to comply with NRC requirements in the future, Ms.
Hollingsworth's past deliberate misrepresentation to the NRC and
deliberate violation of other NRC requirements raise serious doubt as
to whether she can be relied upon to comply with NRC requirements in
the future, including the requirement to provide complete and accurate
information to the NRC.
Consequently, I lack the requisite reasonable assurance that
licensed activities would be conducted in compliance with the
Commission's requirements and that the health and safety of the public
would be protected if Ms. Hollingsworth were permitted at this time to
be involved in NRC-licensed activities. Therefore, the public health,
safety and interest require that Ms. Hollingsworth be prohibited from
any involvement in NRC-licensed activities for a period of one year.
Additionally, Ms. Hollingsworth is required to notify the NRC of her
involvement in NRC-licensed activities for one year following the one
year prohibition period. Furthermore, pursuant to 10 CFR 2.202, I find
that the significance of Maria Hollingsworth'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. Maria Hollingsworth is prohibited from engaging in NRC-licensed
activities for a period of one year 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. For a period of one year after the one year period of
prohibition has expired, Maria Hollingsworth 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. Hollingsworth shall include
a statement of her commitment to compliance with NRC 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 Ms.
Hollingsworth of good cause.
V
In accordance with 10 CFR 2.202, Maria Hollingsworth 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, 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 Ms.
Hollingsworth 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 Hearings 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.
Hollingsworth if the answer or hearing request is by a person other
than Ms. Hollingsworth. If a person other than Ms. Hollingsworth
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).
[[Page 42635]]
If a hearing is requested by Ms. Hollingsworth 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), Maria Hollingsworth, or any
other person adversely affected by this Order 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 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 Part IV shall be final when the extension
expires if a hearing request has not been received. An answer or a
request for a hearing shall not stay the immediate effectiveness of
this Order.
Dated at Rockville, Maryland this 3rd day of August 1995.
For the Nuclear Regulatory Commission
James Lieberman,
Director, Office of Enforcement.
[FR Doc. 95-20241 Filed 8-15-95; 8:45 am]
BILLING CODE 7590-01-P
