[Federal Register Volume 59, Number 65 (Tuesday, April 5, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8068]


[[Page Unknown]]

[Federal Register: April 5, 1994]


=======================================================================
-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[Docket No. 030-00274 License No. 21-04109-08 EA 94-046]

 

Confirmatory Order Rescinding Confirmatory Order Dated July 17, 
1984

    In the Matter of: Henry Ford Hospital, Detroit, Michigan.

I

    Henry Ford Hospital (Licensee) is the holder of NRC License No. 21-
04109-08 issued by the Nuclear Regulatory Commission (NRC or 
Commission) pursuant to 10 CFR part 35. The license authorizes the 
Licensee to possess and use cobalt-60 for medical use as described in 
10 CFR 35.600 in an AECL Theratron 780 teletherapy unit, and for 
irradiation of animals. The license was issued on August 2, 1957, was 
most recently amended in its entirety on February 14, 1994, and is due 
to expire on November 30, 1988.

II

    As a result of a teletherapy misadministration which occurred in 
early 1984, the NRC issued a Confirmatory Order dated July 17, 1984, 
which ordered the Licensee to implement a Teletherapy Treatment Quality 
Assurance Program as described in Section II of the Order (EA 84-067). 
In accordance with 10 CFR 35.32(f)(2) the Licensee submitted a written 
quality management program to the NRC on January 23, 1992. In a letter 
dated April 8, 1993, the Licensee requested the NRC to rescind the 1984 
Order for the following reasons: (1) All subsequent NRC inspections 
have found the Licensee to be in compliance with the 1984 Order; (2) No 
therapeutic misadministrations have occurred at Henry Ford Hospital 
since the 1984 Order was issued; and (3) Regulatory changes in 10 CFR 
part 35 pertaining to the Quality Management Program encompass all 
aspects of the 1984 Order.

III

    In December 1993 the NRC's Division of Industrial and Medical 
Nuclear Safety completed a review of the licensee's 1992 Quality 
Management Program submittal. Subsequently, in a letter dated March 1, 
1994, the NRC notified the Licensee that its Quality Management 
Program, as set forth in its letter dated January 23, 1992, appears to 
meet the requirements of 10 CFR 35.32. In addition, the NRC staff 
agrees with the Licensee that the actions required by the 1984 Order 
are superseded by current regulatory requirements.
    I find that the Licensee's Quality Management Program encompasses 
the requirements of the Teletherapy Treatment Quality Assurance Program 
required by the 1984 Order. Therefore, the 1984 Order should be 
rescinded.

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 and 10 CFR part 35, it is hereby ordered 
that the confirmatory order issued to the licensee on July 17, 1984 (EA 
84-067) is rescinded.
    Any person adversely affected by this Confirmatory Order, other 
than the Licensee, may request a hearing within 20 days of its 
issuance. Any 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 for Hearings 
and Enforcement at the same address, to the Regional Administrator, NRC 
Region III, 801 Warren Road, Lisle, Illinois 60532-4351, and to the 
Licensee. If such a person requests a hearing, that person shall set 
forth with particularity the manner in which his 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 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 Confirmatory Order should be 
sustained.
    In the absence of any request for hearing, the provisions specified 
in Section IV above shall be final 20 days from the date of this Order 
without further order or proceedings.

    Dated at Rockville, Maryland this 28th day of March 1994.

    For the Nuclear Regulatory Commission.
James Lieberman,
Director, Office of Enforcement.
[FR Doc. 94-8068 Filed 4-4-94; 8:45 am]
BILLING CODE 7590-01-M