[Federal Register Volume 62, Number 90 (Friday, May 9, 1997)]
[Notices]
[Pages 25674-25675]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-12160]


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NUCLEAR REGULATORY COMMISSION

[IA-97-024]


Roy Sadovsky, D.V.M. Floral Park, New York; Order Prohibiting 
Involvement in NRC-Licensed Activities (Effective Immediately)

I

    Roy Sadovsky, D.V.M., (Licensee or Dr. Sadovsky) is the holder of 
Byproduct Nuclear Material License No. 31-28369-01 (License) issued by 
the Nuclear Regulatory Commission (NRC or Commission) pursuant to 10 
CFR Part 30. The License authorizes possession and use of licensed 
material (i.e., gold-198 seeds) for implantation in horses for the 
treatment of leg injuries and diseases in accordance with the 
conditions specified therein. Condition 10 of the License requires that 
licensed material be used only at the Meadowlands Race Track in East 
Rutherford,New Jersey, or Showplace Farm and Gaitway Farm in Millstone 
Township, New Jersey. The License, originally issued on December 22, 
1989, was amended on January 10, 1992, and was due to expire on January 
31, 1995. The license has remained in effect, however, pursuant to 10 
CFR 30.36(a), based on a request made by the Licensee in an application 
for renewal filed on January 24, 1995.

II

    As noted in a Notice of Denial of License Renewal and Order 
Terminating License issued to Dr. Sadovsky concurrently on this date, 
the NRC has found, based on an inspection and investigation, that Dr. 
Sadovsky has deliberately engaged in violations of NRC requirements, as 
detailed in the Notice of Denial of License Renewal And Order 
Terminating License. Notwithstanding the denial of Dr. Sadovsky's 
license renewal, given Dr. Sadovsky's deliberate failure to adhere to 
regulatory requirements, as well as the significance of additional 
violations of other requirements as set forth in the Notice of Denial 
of License Renewal and Order Terminating License, the NRC no longer has 
the necessary assurance that Dr. Sadovsky's activities, if performed 
under any other NRC license, would be performed safely and in 
accordance with 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 Dr. Sadovsky were permitted at this

[[Page 25675]]

time to be involved in NRC-licensed activities. Therefore, the public 
health, safety and interest require that Dr. Sadovsky be prohibited 
from any involvement in NRC-licensed activities for a period of one 
year 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. Additionally, Dr. Sadovsky 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 willfulness and significance of Dr. Sadovsky's conduct described 
above is such that the public health, safety and interest require that 
this Order be immediately effective.

III

    Accordingly, pursuant to sections 81, 151b, 161i, 161o, 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, Part 35, and 10 CFR 
150.20, it is hereby ordered, immediately effective, that:
    1. For a period of one year from the date of this Order, Roy 
Sadovsky, D.V.M., is prohibited 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 in areas of NRC jurisdiction pursuant to the 
authority granted by 10 CFR 150.20.
    2. For a period of one year from the date of this Order, Dr. 
Sadovsky shall provide a copy of this Order to any prospective employer 
who engages in NRC-licensed activities (as described in Section III.1 
above) prior to his acceptance of employment involving non-NRC-licensed 
activities with such prospective employer. The purpose of this 
requirement is to ensure that the employer is aware of the prohibition 
on Dr. Sadovsky from engaging in NRC-licensed activities.
    3. The first time Dr. Sadovsky is employed in NRC-licensed 
activities following the one year prohibition, he shall notify the 
Regional Administrator, NRC Region I, 475 Allendale Road, King of 
Prussia, Pennsylvania 19406, prior to engaging in NRC-licensed 
activities, including activities under an Agreement State license when 
activities under that license are conducted in areas of NRC 
jurisdiction pursuant to 10 CFR 150.20. The notice shall include the 
name, address, and telephone number of the NRC or Agreement State 
licensee and the location where licensed activities will be performed.
    The Director, Office of Enforcement, may, in writing, relax or 
rescind any of the above conditions upon demonstration by the Licensee 
of good cause.

IV

    In accordance with 10 CFR 2.202, Dr. Sadovsky 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 Dr. Sadovsky 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 Hearings and Enforcement at the same address, to 
the Regional Administrator, NRC Region I, 475 Allendale Road, King of 
Prussia, Pennsylvania 19406, to Dr. Sadovsky if the answer or hearing 
request is by a person other than Dr. Sadovsky. If a person other than 
Dr. Sadovsky 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 Dr. Sadovsky, 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), Dr. Sadovsky 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, or written approval of 
an extension of time in which to request a 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. An answer or a request for 
hearing shall not stay the immediate effectiveness of this order.

    For the Nuclear Regulatory Commission.

    Dated at Rockville, Maryland this 1st day of May 1997.
Edward L. Jordan,
Deputy Executive Director for Regulatory Effectiveness, Program 
Oversight, Investigations and Enforcement.
[FR Doc. 97-12160 Filed 5-8-97; 8:45 am]
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