[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]
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