[Federal Register Volume 62, Number 10 (Wednesday, January 15, 1997)]
[Pages 2181-2182]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-980]


[Docket No. 030-32908, License No. 29-28784-01, EAs 96-152 and 96-301]

Shashi K. Agarwal, M.D., Orange, New Jersey; Settlement Order 
Terminating License and Prohibiting Involvement in Licensed Activities


    Shashi K. Agarwal, M.D. (Dr. Agarwal or licensee) is the holder of 
Byproduct Materials License No. 29-28784-01 (license) issued by the 
Nuclear Regulatory Commission (NRC or Commission) pursuant to 10 CFR 
Parts 30 and 35. The license authorizes the possession and use of any 
byproduct material identified in 10 CFR 35.200 for any imaging and 
localization procedure approved in 10 CFR 35.200. The license was 
issued on November 27, 1992, and is due to expire on December 31, 1997.


    On September 12, 1996, an Order Suspending License (Effective 
Immediately) and Demand for Information (Order and Demand) was issued 
to the licensee based on the licensee's: (1) Failure to comply with 
numerous NRC requirements, as identified during an NRC inspection 
conducted at the licensee's facility April 18 and 30, 1996; (2) 
providing apparent inaccurate information to the NRC; and (3) failure 
to cooperate with the NRC or appear for a predecisional enforcement 
conference. The Order and Demand required that the licensee provide 
responses in writing by October 2, 1996, and contained instructions for 
providing the responses. To date, the licensee has not provided the 
required written responses.


    On October 7, 1996, Dr. Agarwal, through his attorney, contacted 
the NRC and indicated that he desired to terminate his license and 
resolve all matters pending between himself and the NRC. As the parties 
desire to resolve all matters pending between them, the

[[Page 2182]]

licensee has entered into a Settlement Agreement with the NRC executed 
on January 3, 1997. Under the terms of the Settlement Agreement, Dr. 
Agarwal agrees to the termination of his NRC license and that he will 
not apply for an NRC license or engage in NRC-licensed activities for a 
period of five years from the date of the execution of the Settlement 
Agreement; and the NRC agrees that it will take no further enforcement 
action for the matters set forth in the Order and Demand.


    Accordingly, pursuant to sections 81, 161b, 161i, 161o, 186, and 
234 of the Atomic Energy Act of 1954, as amended, and the Commission's 
regulations in 10 CFR 2.202, 2.204, and 10 CFR Parts 30 and 35, It is 
hereby ordered that:
    A. By February 7, 1997, Dr. Agarwal shall transfer all NRC-licensed 
material to an authorized recipient.
    B. Within seven days following the completion of the transfer, Dr. 
Agarwal shall provide to the Regional Administrator, Region I:
    1. a completed NRC Form 314 to certify that the licensed material 
has been transferred, and
    2. the results of a radiation survey, conducted and prepared in 
accordance with 10 CFR 30.36(j)(2), of the premises where licensed 
activities were carried out.
    C. Upon written approval by NRC Region I of the information 
submitted under Section IV.B., NRC Byproduct Materials License No. 29-
28784-01 is hereby terminated.
    D. For a period of five years from November 22, 1996, neither Dr. 
Agarwal nor a successor entity shall be involved in or exercise any 
control over licensed activities within the jurisdiction of the NRC, 
including, but not limited to, involvement as owner, authorized user, 
controlling shareholder, or radiation safety officer.

    Dated at Rockville, Maryland this 6th day of January 1997.

    For the Nuclear Regulatory Commission.
James Lieberman,
Director, Office of Enforcement.
[FR Doc. 97-980 Filed 1-14-97; 8:45 am]