[Federal Register Volume 59, Number 140 (Friday, July 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-17844]


[[Page Unknown]]

[Federal Register: July 22, 1994]


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NUCLEAR REGULATORY COMMISSION
[IA 94-015]

 

John W. Boomer, Address Deleted; Order Prohibiting Involvement in 
NRC-Licensed Activities (Effective Immediately)

I

    John W. Boomer has been a nuclear medicine technologist since 1972. 
On February 11, 1993, Mr. Boomer, as the President of Chesapeake 
Imaging Center, Inc. (CIC or Licensee) applied for an NRC license. On 
March 23, 1993 Materials License No. 47-25238-01 was issued to CIC by 
the Nuclear Regulatory Commission (NRC or Commission) pursuant to 10 
CFR parts 30 and 35. The license authorized the possession and use of 
radiopharmaceuticals for nuclear medicine activities in accordance with 
the conditions specified therein. The license was terminated this date.

II

    On July 30, 1993, the NRC conducted an initial inspection of CIC at 
its facility located in Chesapeake, West Virginia. As a result of the 
inspection, multiple violations of NRC requirements were identified. 
One specific violation identified involved the failure to perform 
weekly surveys for removable contamination in the nuclear medicine 
department between March 24 and July 30, 1993. As a result of this 
inspection, a Notice of Violation is being issued contemporaneously 
with this Order.
    Between August 3 and September 30, 1993, an investigation was 
conducted by the NRC Office of Investigations (OI) to determine if 
certain violations identified during the July 30, 1993, inspection were 
the result of deliberate misconduct. Based on investigative findings, 
the NRC staff concludes that Mr. Boomer deliberately caused CIC to 
violate the requirement to perform the weekly contamination surveys, 
after being advised by the CIC facility Manager and CIC technical 
consultant that such surveys were required. Mr. Boomer was aware of the 
NRC requirement to perform weekly contamination surveys, yet 
deliberately failed to meet the requirement in violation of 10 CFR 
35.70(e) and 10 CFR 30.10.
    A transcribed telephone enforcement conference between the NRC 
staff and Mr. Boomer was held on March 8, 1994. Mr. Boomer indicated 
during the enforcement conference that he had significant difficulties 
in obtaining the funds from investors and did not recognize the 
severity of the noncompliance but rather focused on the needs of 
patients traveling miles to obtain the studies. Mr. Boomer also stated 
during the enforcement conference that he did accept responsibility for 
not obtaining the equipment in a more timely fashion and for not 
notifying NRC and indicated that he would exercise better judgment in 
the future. From the discussions at the enforcement conference, the 
staff believes an order to remove Mr. Boomer from involvement in NRC-
licensed activities is warranted based on (1) The deliberate 
noncompliance with the NRC's weekly survey requirement, (2) the 
fundamental lack of assurance that he will in the future comply with 
Commission requirements, (3) his position as President, (4) his 
approximate 20 years experience in NRC-licensed activities, and (5) his 
decision to continue operations although he knew he was not in 
compliance with the weekly survey requirement.

III

    Based on the above, Mr. Boomer engaged in deliberate misconduct 
which caused the licensee to be in violation of 10 CFR 35.70(e). The 
NRC must be able to rely on the Licensee and its employees to comply 
with NRC requirements, including the requirement to perform weekly 
contamination surveys. Compliance with the NRC requirement to perform 
weekly contamination surveys is necessary to protect members of the 
public as well as Licensee employees from unnecessary radiation 
exposure that could result from undetected radioactive contamination. 
Performance of weekly contamination surveys is an important safety 
requirement intended to prevent radioactive contamination of patients, 
employees and other members of the public. Mr. Boomer's deliberate 
actions in causing the Licensee to violate these requirements have 
raised serious doubts as to whether he can be relied on to be involved 
in NRC-licensed activities.
    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. Boomer were permitted at this time to be 
involved in NRC-licensed activities. Therefore, the public health, 
safety and interest require that Mr. Boomer be prohibited from any 
involvement in NRC-licensed activities for a period of three years from 
the date of this Order, and if he is currently involved with another 
licensee in NRC-licensed activities, he 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. During this period Mr. Boomer also shall be required to 
provide a copy of this Order to any prospective employer who engages in 
NRC-licensed activities prior to the time that Mr. Boomer accepts 
employment with such prospective employer. The purpose of this notice 
is so that any prospective employer is aware of Mr. Boomer's 
prohibition from engaging in NRC-licensed activities. Additionally, Mr. 
Boomer 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. Boomer'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, 161c, 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. Mr. John W. Boomer is prohibited for three years from the date 
of this Order from any involvement 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.
    2. For a period of three years from the date of this Order, Mr. 
John W. Boomer shall provide a copy of this Order to any prospective 
employer who engages in NRC-licensed activities (as defined in 1 above) 
prior to his acceptance of employment with such prospective employer. 
The purpose of this requirement is to ensure that the employer is aware 
of Mr. Boomer's prohibition from engaging in NRC-licensed activities.
    3. The first time Mr. Boomer is employed in NRC-licensed activities 
following the three year prohibition, he shall notify the Regional 
Administrator, NRC Region II, 101 Marietta Street, NW., Suite 2900, 
Atlanta, Georgia 30323, at least five days prior to the performance of 
licensed activities or his being employed to perform NRC-licensed 
activities (as described in 1 above). The notice shall include the 
name, address, and telephone number of the NRC or Agreement State 
licensee and the location where the licensed activities will be 
performed.
    4. If Mr. Boomer is currently involved in NRC-licensed activities 
at an employer or entity, Mr. Boomer shall, in accordance with 
Paragraph 1 above, immediately cease such activities and provide notice 
within 20 days of the date of this Order 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 entity 
where the licensed activities are being conducted. Further, Mr. Boomer 
shall provide a copy of this Order to his employer if his employer is 
engaged in NRC-licensed activities.
    The Director, Office of Enforcement, may, in writing, relax or 
rescind any of the above conditions upon a showing by Mr. Boomer of 
good cause.

V

    In accordance with 10 CFR 2.202, Mr. Boomer 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. 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. Boomer or any 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 II, 101 Marietta Street NW., suite 2900, Atlanta, Georgia 30323, 
and to Mr. Boomer if the answer or hearing request is by a person other 
than Mr. Boomer. If a person other than Mr. Boomer 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 Mr. Boomer 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), Mr. Boomer, 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, the provisions specified 
in Section IV above shall be final 20 days from the date of this Order 
without further Order or processing. An answer or a request for hearing 
shall not stay the immediate effectiveness of this Order.

    Dated at Rockville, Maryland this 14th day of July 1994.

    For the Nuclear Regulatory Commission.
Hugh L. Thompson, Jr.,
Deputy Executive Director for Nuclear Materials Safety, Safeguards and 
Operations Support.
[FR Doc. 94-17844 Filed 7-21-94; 8:45 am]
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