[Federal Register Volume 59, Number 174 (Friday, September 9, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22249]


[[Page Unknown]]

[Federal Register: September 9, 1994]


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NUCLEAR REGULATORY COMMISSION
[IA 94-019]

 

In the Matter of: Larry S. Ladner; Order Prohibiting Involvement 
in NRC-Licensed Activities (Effective Immediately)

I

    Larry S. Ladner has been employed as a radiographer in the field of 
industrial radiography since approximately 1964. In October, 1989, Mr. 
Ladner was hired by the American Inspection Company, Inc. (AMSPEC). 
AMSPEC held Materials License No. 12-24801-01 issued by the Nuclear 
Regulatory Commission (NRC or Commission) pursuant to 10 CFR Parts 30 
and 34. This license authorized the conduct of industrial radiography 
activities in accordance with certain specified conditions. On April 
30, 1992, the license was suspended as a result of significant safety 
violations and related safety concerns. Mr. Ladner worked as both a 
radiographer and a supervisor until his dismissal by AMSPEC in the 
latter part of 1991.

II

    Between August 22, 1991 and November 12, 1992, the NRC Office of 
Investigations (OI) conducted an investigation of licensed activities 
of AMSPEC. During the course of this investigation, the AMSPEC license 
was suspended when a significant number of safety violations were 
identified. In addition, the investigation revealed that Mr. Ladner, in 
his position as a supervisor (1) Deliberately allowed radiographers' 
assistants to work unsupervised on numerous occasions, (2) deliberately 
falsified in excess of 100 quarterly personnel audits, and (3) 
deliberately gave false information to NRC officials regarding the 
unauthorized use of licensed material.
    10 CFR 34.44 requires that a radiographer's assistant shall be 
under the personal supervision of a radiographer whenever he uses 
radiographic exposure devices, sealed sources or related source 
handling tools, or conducts radiation surveys required by 10 CFR 
34.43(b) to determine that the sealed source has returned to the 
shielded position after an exposure. The personal supervision shall 
include:
    (a) The radiographer's personal presence at the site where the 
sealed sources are being used;
    (b) The ability of the radiographer to give immediate assistance if 
required; and
    (c) The radiographer watching the assistant's performance of the 
operations referred to in this section. In addition, 10 CFR 34.11(d)(1) 
requires, in part, that an applicant have an inspection program that 
requires the observation of the performance of each radiographer and 
radiographer's assistant during an actual radiographic operation at 
intervals not to exceed three months.
    10 CFR 30.9(a) requires, in part, that information provided to the 
Commission by a licensee, and information required by the Commission's 
regulations to be maintained by the licensee, shall be complete and 
accurate in all material respects.
    While functioning as a radiation protection officer, Mr. Ladner 
deliberately caused a violation of 10 CFR 34.44 in December 1990 and 
February through May 1991 by allowing three radiographers' assistants 
to work independently and without personal supervision. During this 
same period, Mr. Ladner also authorized others to use his name on 
check-out logs, in violation of 10 CFR 30.10. Moreover, Mr. Ladner's 
employer (AMSPEC) had an approved program that required the observation 
of radiographers and radiographers' assistants at the required interval 
as prescribed by 10 CFR 34.11(d); however, between September 1990 and 
November 1991, he deliberately disregarded the licensee's program in 
excess of 100 times by falsifying records of audits that were never 
performed, causing a violation of 10 CFR 30.9. During an NRC inspection 
conducted on July 22-23, 1991, Mr. Ladner deliberately provided 
inaccurate information to NRC inspectors when he claimed no knowledge 
of a reported unauthorized use of licensed material, when in fact he 
was aware of such use.
    On January 15, 1993, Mr. Ladner pled guilty to one felony count 
involving deliberate violations of the Atomic Energy Act based on his 
violations of these requirements.

III

    Based on the above, Mr. Ladner engaged in deliberate misconduct 
which caused AMSPEC to be in violation of 10 CFR 30.9 and 34.11(d). The 
NRC must be able to rely on licensees and their employees to comply 
with NRC requirements, including the requirements to supervise 
radiographer's assistants performing licensed activities and to 
maintain and compile records that are complete and accurate in all 
material respects. Mr. Ladner's deliberate actions in causing AMSPEC to 
be in violation of NRC requirements (e.g., 30.9 and 34.11(d)), and his 
deliberate submittal to AMSPEC of false audit records, which are 
violations of 10 CFR 30.10, have raised serious doubt as to whether he 
can be relied on to comply with NRC requirements and to provide 
complete and accurate information to the NRC. Mr. Ladner's deliberate 
misconduct, including his deliberate false statements to Commission 
officials, cannot and will not be tolerated.
    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. Ladner were permitted at this time to 
supervise or perform licensed activities in any area where the NRC 
maintains jurisdiction. Therefore, the public health, safety and 
interest require that Mr. Ladner be prohibited from engaging in NRC 
licensed activities (including supervising, training and auditing) for 
either an NRC licensee or an Agreement State licensee in areas of NRC 
jurisdiction in accordance with 10 CFR 150.20 for a period of three 
years from the date of this Order. In addition, for a period of two 
years commencing after completion of the three year period of 
prohibition, Mr. Ladner is required to notify the NRC of his employment 
by any person or entity engaged in NRC-licensed activities to ensure 
that the NRC can monitor the status of Mr. Ladner's compliance with the 
Commission's requirements and his understanding of his commitment to 
compliance. Furthermore, pursuant to 10 CFR 2.202, I find that the 
significance of the conduct described above is such that the public 
health, safety and interest require that this order be effective 
immediately.

IV

    Accordingly, pursuant to sections 81, 161b, 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 30.10, and 10 CFR 150.20, it is 
hereby ordered, effective immediately, that:
    1. Larry S. Ladner is prohibited for three years from the date of 
this Order from engaging 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. During this time 
period, Mr. Ladner must also provide a copy of this Order to 
prospective employers who engage in NRC-licensed activities, at the 
time he accepts employment.
    2. For a period of two years after the three-year period of 
prohibition has expired, Larry S. Ladner shall within 20 days of his 
acceptance of an employment offer involving NRC-licensed activities or 
his 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, D.C. 
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. Ladner 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. Ladner of 
good cause.
    In accordance with 10 CFR 2.202, Larry S. Ladner 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 Larry S. Ladner 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, N.W., Suite 2900, 
Atlanta, Georgia 30323; and to Larry S. Ladner if the answer or hearing 
request is by a person other than Larry S. Ladner. If a person other 
than Larry S. Ladner 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 Larry S. Ladner or another 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), Larry S. Ladner, 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 26th day of August 1994.

    For the Nuclear Regulatory Commission.
James Lieberman,
Director, Office of Enforcement.
[FR Doc. 94-22249 Filed 9-8-94; 8:45 am]
BILLING CODE 7590-01-M