[Federal Register Volume 61, Number 141 (Monday, July 22, 1996)]
[Notices]
[Pages 37938-37940]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18494]


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NUCLEAR REGULATORY COMMISSION
[IA 96-042]


Order Prohibiting Involvement in NRC-Licensed Activities

    In the Matter of Mark A. Jenson (Home Address Deleted Under 10 
CFR 2.2790).

I

    Mark A. Jenson was employed as President of NDT Services, Inc. in 
Caguas, Puerto Rico, in 1993. NDT Services, Inc. (NDTS or Licensee) 
holds License No. 52-19438-01, issued to the Licensee in 1987 and last 
amended by the Nuclear Regulatory Commission (NRC or Commission) 
pursuant to 10 CFR Part 30 on March 9, 1995. The license authorizes 
industrial gamma ray radiography in accordance with the conditions 
specified therein. Mr. Jenson was identified in a letter from the 
Licensee to NRC, dated September 4, 1993, and in other licensing and 
inspection correspondence, as the President, NDTS.

II

    On December 16-17, 1993, a special inspection of NDTS' activities 
was conducted at the Licensee's facility in Caguas, Puerto Rico, in 
response to notifications received in the NRC Region II office that on 
September 4, 1993, two contract radiographers \1\ employed by NDTS had 
been unable to return a radiography source to its shielded position 
following radiographic operations, which resulted in the evacuation of 
the Sun Oil Company refinery in Yabucoa, Puerto Rico, for several 
hours. Based on the results of the inspection, an investigation was 
initiated by the NRC Office of Investigations (OI) on December 30, 
1993.
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    \1\ The radiographers involved in the event were contracted by 
NDTS from National Inspection and Consultants (NIC), an Agreement 
State Licensee in Florida. While no written contract was established 
to outline the scope and conditions of work, based on the 
information available, the NRC concluded that the work performed on 
September 4, 1993, was performed under the provisions of the NDTS 
License.
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    On December 21, 1995, OI completed its investigation and concluded, 
in part, the NDTS, with the knowledge and approval of the former 
Radiation Safety Officer (RSO) and former President, deliberately 
utilized radiographers untrained in NDTS operating and emergency 
procedures. During an August 31, 1995 interview with OI, Mr. Jenson 
stated that he was aware that even a highly qualified radiographer from 
another company must received additional training before operating 
under NDTS' program. Mr. Jenson further stated that, prior to the 
September 4, 1993 incident, NDTS' former RSO told Mr. Jenson that the 
radiographers needed additional training prior to performing 
radiography. Nonetheless, Mr. Jenson allowed the radiographers to 
conduct licensed activities without the required training. In addition, 
Mr. Jenson stated that, following the September 4, 1993 incident, he 
requested both radiographers to sign a document certifying that the 
radiographers had been trained by NDTS, when in fact, they had not 
been. The radiographers refused to sign the document. Furthermore, 
during a May 19, 1995 transcribed interview with OI, one of the 
radiographers corroborated Mr. Jenson's admission (i.e., that Mr. 
Jenson asked the radiographer to sign a document indicating that the 
radiographer had been trained).
    By letter dated February 20, 1996, Mr. Jenson was informed of the 
inspection and investigation results and was provided the opportunity 
to participate in a predecisional enforcement conference. Although the 
NRC has confirmation that Mr. Jenson received the letter (i.e., 
returned certified mail

[[Page 37939]]

receipt as well as a telephone acknowledgement by his spouse to the NRC 
on February 29, 1996), Mr. Jenson never responded to the letter and, 
therefore, no conference has been conducted with him. However, on May 
17, 1996, a teleconference was conducted with Mr. Jenson to further 
discuss this case. Additionally, on February 29 and March 4, 1996, 
predecisional enforcement conferences were conducted with one of the 
contract radiographers, and NDTS, respectively.
    Based on the information gathered during the inspection, 
investigation, predecisional enforcement conferences, and subsequent 
interviews in this case, the NRC has determined that: (1) Mr. Jenson 
deliberately permitted unqualified radiographers to perform radiography 
for NDTS on September 4, 1993, in that he knew the radiographers had 
not been trained in NDTS procedures or equipment; and (2) Mr. Jenson 
attempted to generate a false, NRC-required training record for the 
contract radiographers involved in the source disconnect event when, 
subsequent to September 4, 1993, he requested both individuals to sign 
a document indicating that the individual had been trained in the NDTS 
radiation safety manual and procedure, when in fact, the contract 
radiographer had not been trained.

III

    Based on the above, the staff concludes that Mr. Jenson engaged in 
deliberate misconduct, a violation of 10 CFR 30.10, which caused the 
Licensee to be in violation of 10 CFR 34.31(a) by failing to utilize 
trained and qualified individuals for the conduct of radiographic 
operations at the Sun Oil Company refinery on September 4, 1993. Mr. 
Jenson's attempt to generate a falsified training record for the 
radiographer also demonstrates a lack of integrity which cannot be 
tolerated. As the former President of NDTS, Mr. Jenson was responsible 
for ensuring that NDTS conducted activities in accordance with NRC 
requirements. The NRC must be able to rely on the Licensee, its 
officials and employees to comply with NRC requirements, including the 
requirements to train radiographers in accordance with NRC regulations 
and to maintain complete and accurate information required by the NRC. 
Mr. Jenson's deliberate misconduct in causing the Licensee to violate 
10 CFR 34.31(a) is a violation of 10 CFR 30.10 and has raised serious 
doubt as to whether he can be relied upon to comply with NRC 
requirements.
    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. Jenson were permitted at this time to be 
involved in NRC-licensed activities. Therefore, the public health, 
safety and interest require that Mr. Jenson be prohibited from any 
involvement in NRC-licensed activities for a period of five years, and, 
if he is currently involved with another licensee in NRC-licensed 
activities, he must, following the effective date of this Order, 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. Additionally, Mr. Jenson is required to notify the NRC of his 
first employment involving NRC-licensed activities within a period of 
five years following the five-year prohibition period.

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, and 10 CFR 30.10, it is hereby ordered 
that:
    A. For a period of five years from the effective date of this 
Order, Mark A. Jenson is prohibited from engaging in, or exercising 
control over individuals engaged 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. This prohibition 
includes, but is not limited to: (1) Using licensed materials or 
conducting licensed activities in any capacity within the jurisdiction 
of the NRC; and (2) supervising or directing any licensed activities 
conducted within the jurisdiction of the NRC.
    B. At least five days prior to the first time that Mark A. Jenson 
engages in, or exercises control over, NRC-licensed activities within a 
period of five years following the five-year prohibition period 
outlined in Section IV.A above, he shall notify the Director, Office of 
Enforcement, U.S. Nuclear Regulatory Commission, Washington, D.C. 
20555, of the name, address, and telephone number of the NRC or 
Agreement State licensee and the location where the licensed activities 
will be performed. The notice shall be accompanied by a statement, 
under oath or affirmation, that Mark A. Jenson understands NRC 
requirements, that he is committed to compliance with NRC requirements, 
and that provides a 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. Jenson of 
good cause.

V

    In accordance with 10 CFR 2.202, Mark A. Jenson 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, U.S. Nuclear Regulatory Commission, Washington, D.C. 
20555, 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 Mr. Jenson 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 Hearing and Enforcement at the 
same address, to the Regional Administrator, NRC Region II, Suite 2900, 
101 Marietta Street, Atlanta, GA 30323, and to Mark A. Jenson, if the 
answer or hearing request is by a person other than Mark A. Jenson. If 
a person other than Mark A. Jenson 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 Mark A. Jenson, 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.
    In the absence of any request for hearing, or written approval of 
an extension of time in which to request a

[[Page 37940]]

hearing, the provisions specified in Section IV above shall be 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 Section IV shall be final when the extension 
expires if a hearing request has not been received.

    For the Nuclear Regulatory Commission.

    Dated at Rockville, Maryland, this 16th day of July 1996.
Hugh L. Thompson, Jr.,
Deputy Executive Director for Nuclear Materials Safety, Safeguards and 
Operations Support.
[FR Doc. 96-18494 Filed 7-19-96; 8:45 am]
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