[Federal Register Volume 64, Number 46 (Wednesday, March 10, 1999)]
[Notices]
[Pages 11956-11958]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-5873]


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NUCLEAR REGULATORY COMMISSION

[IA 99-001]


Peter Kint; Order Prohibiting Involvement in NRC-Licensed 
Activities

I

    Mr. Peter Kint (Mr. Kint) was employed as a radiographer by XRI 
Testing (Licensee). The Licensee is the holder of License No. 21-05472-
01 issued by the Nuclear Regulatory Commission (NRC or Commission) 
pursuant to 10 CFR Parts 30 and 34 and last renewed on January 28, 
1998. The license authorizes possession and use of sealed sources in 
the conduct of industrial radiography in accordance with the conditions 
specified therein.

II

    On August 24 through 27, 1998, a special inspection of licensed 
activities was conducted in response to the Licensee's notification to 
the NRC on August 21, 1998, of a potential overexposure which had 
occurred during radiographic operations on August 21, 1998. The 
inspection disclosed that Mr. Kint was not wearing an alarming 
ratemeter as required. An investigation of this event was conducted by 
the NRC Office of

[[Page 11957]]

Investigations (OI) from August 30 to October 8, 1998.
    During the week of August 17, 1998, Mr. Kint and another 
radiographer conducted radiographic operations at a temporary jobsite 
in Mishawaka, Indiana. Both individuals were certified in 1995 as 
radiographers by the State of Illinois and had received instruction in 
the Licensee's procedures and NRC regulations.
    NRC regulations require, in part, that the licensee may not permit 
any individual to act as radiographer at a temporary jobsite unless at 
all times during radiographic operations each individual wears on the 
trunk of the body an alarming ratemeter (10 CFR 34.47).
    On August 21, 1998, while at the Mishawaka temporary jobsite, Mr. 
Kint was exposed to a radiography source (92 curies of iridium-192) 
when he entered the area of operations and manipulated the collimator. 
Mr. Kint apparently did not realize that the source was unshielded 
until he returned to the radiographic exposure device. Mr. Kint was not 
wearing his alarming ratemeter and he received a radiation dose 
(shallow dose equivalent) of 20 rems to his extremities (hand). Had he 
worn the alarm ratemeter as required, Mr. Kint most probably would have 
been alerted to the unshielded source before receiving the 20 rems 
shallow dose equivalent. Mr. Kint stated to OI that he intentionally 
failed to wear his alarm ratemeter on that occasion, stating that he 
wore it only about 25 percent of the time that it was required to be 
worn. In addition, (1) Mr. Kint was trained on using the alarm 
ratemeter; (2) Mr. Kint was provided with an alarming ratemeter which 
he had with him at the jobsite; and (3) in his September 11, 1998, 
testimony to the OI investigators, Mr. Kint stated that he deliberately 
did not wear the alarm ratemeter because it was inconvenient, 
uncomfortable, and required a belt which he did not normally wear. In 
addition, Mr. Kint did not perform a radiation survey as required by 10 
CFR Section 34.49 or maintain continuous direct visual surveillance of 
the operation as required by 10 CFR Section 34.51.

III

    Based on the above, the NRC has determined that Mr. Kint, an 
employee of the Licensee, engaged in deliberate misconduct in violation 
of 10 CFR 30.10 (a)(1), causing the Licensee to be in violation of 10 
CFR 34.47 (a). Specifically, the NRC has concluded that Mr. Kint 
deliberately failed to wear his alarming ratemeter while conducting 
radiography at a temporary jobsite during the week of August 17, 1998. 
As a result of not wearing his alarm ratemeter on August 21, 1998, Mr. 
Kint received an unnecessary radiation exposure to his hand during an 
incident when he handled a collimator while the iridium source was in 
the unshielded position.
    The NRC must be able to rely on the Licensee and its employees to 
comply with NRC requirements, including the requirement to wear 
appropriate personal radiation monitoring devices during radiographic 
operations at a temporary jobsite. This deliberate act is significant 
because Mr. Kint, an experienced radiographer, failed to observe the 
safeguards designed to protect him from potentially dangerous radiation 
exposures. In addition, there were violations caused by Mr. Kint which 
do not appear to be wilful and which include Mr. Kint's failure to 
perform a radiation survey and failure to maintain direct visual 
surveillance of the radiographic operations. Mr. Kint's actions during 
this incident have 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. Kint were permitted at this time to be 
involved in NRC-licensed activities. Therefore, the NRC has determined 
that the public health, safety and interest require that Mr. Kint be 
prohibited from any involvement in NRC-licensed activities for a period 
of one year from the effective date of this Order. If Mr. Kint is 
involved in NRC-licensed activities on the effective date of this 
Order, 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, Mr. Kint is required 
to notify the NRC of his first employment in NRC-licensed activities 
following the 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, 10 CFR 30.10, and 10 CFR 150.20, it is 
hereby ordered, that:
    1. Mr. Kint is prohibited from engaging in NRC-licensed activities 
for one year from the effective date of this Order. 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. If Mr. Kint is involved in NRC-licensed activities on the 
effective date of this Order, 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.
    3. For a period of one year after the one year period of 
prohibition has expired, Mr. Kint 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 IV.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, Mr. Kint 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. Kint of 
good cause.

V

    In accordance with 10 CFR 2.202, Mr. Kint 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, DC 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. Kint 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: 
Rulemakings and Adjudications Staff, Washington, DC 20555. Copies also

[[Page 11958]]

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 III, 801 Warrenville Road, Lisle, 
Illinois 60532, and to Mr. Kint if the answer or hearing request is by 
a person other than Mr. Kint. If a person other than Mr. Kint 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 Mr. Kint 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.
    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 effective and 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.

    Dated at Rockville, Maryland this 1st day of March 1999.

    For the Nuclear Regulatory Commission.
Malcolm R. Knapp,
Deputy Executive Director for Regulatory Effectiveness.
[FR Doc. 99-5873 Filed 3-9-99; 8:45 am]
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