[Federal Register Volume 64, Number 68 (Friday, April 9, 1999)]
[Notices]
[Pages 17424-17425]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-8872]


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NUCLEAR REGULATORY COMMISSION

[IA 98-058]


A. Abdulshafi, Ph.D.; Order Prohibiting Involvement in NRC-
Licensed Activities

I

    Dr. A. Abdulshafi, Ph.D. (Dr. Abdulshafi) is the Owner, President, 
and Radiation Safety Officer of DAS Consult, Inc. (DAS or Licensee), an 
NRC licensee who is the holder of Byproduct Material License No. 34-
26551-01 issued by the Nuclear Regulatory Commission (NRC or 
Commission) pursuant to 10 CFR part 30. The license authorizes 
possession and use of moisture density gauges containing byproduct 
material in accordance with the conditions specified therein. The 
license was originally issued on February 2, 1994, and is due to expire 
on February 28, 2004.

II

    Between June 19 and 25, 1998, a special inspection of licensed 
activities was conducted to determine if licensed material was being 
used, stored, or transferred in accordance with NRC requirements. The 
inspection was initiated because the Licensee failed to pay its annual 
fee, and attempts to contact the Licensee by telephone and by mail were 
unsuccessful. The inspector discovered that in January, 1997, the 
Licensee had sold its physical assets, including six moisture density 
gauges containing byproduct material, to Diversified Global Enterprises 
Company (DGE), an entity which was not authorized to possess or use 
such material either by the NRC or by an Agreement State. The gauges 
contained sufficient quantities of cesium-137 and americium-241 to 
require persons who possess these devices to hold a specific NRC 
license. NRC regulations at 10 CFR 30.41, provide, in part, that 
licensees may not transfer byproduct material except to a person 
authorized to receive such byproduct material under the terms of a 
specific or general license issued by the Commission or an Agreement 
State.
    In March 1997, two months after the sale of DAS physical assets to 
DGE, by a letter to NRC Region III dated March 24, 1997, Dr. Abdulshafi 
requested that the DAS license be amended to reflect a change in office 
location. The letter forwarded payment for the amendment as well as the 
annual fee. The letter did not indicate that the gauges had been sold 
or transferred. After May 1997, DGE moved the gauges to another 
location and the business association between Dr. Abdulshafi and DGE 
ended. As a result of the NRC special inspection, Dr. Abdulshafi 
retrieved the gauges from DGE and properly transferred them to another 
company authorized to possess and receive them.
    On June 29, 1998, an investigation was initiated by the NRC Office 
of Investigations (OI) to determine whether the transfer of byproduct 
material to DGE was a willful violation. At the predecisional 
enforcement conference held with Dr. Abdulshafi and NRC staff by 
telephone on January 5, 1999, Dr. Abdulshafi agreed that a violation 
involving the improper transfer of licensed material occurred. He 
maintained that his actions were not deliberate, but were the result of 
personal problems and a misunderstanding between himself and DGE. In 
his OI testimony, however, Dr. Abdulshafi stated that during the 
negotiations preceding the January, 1997, sale of physical assets, he 
advised DGE that DGE must have an NRC license to possess the gauges, 
knowing that DGE did not possess a license. Moreover, Dr. Abdulshafi 
acknowledged continuing to advise Dr. El-Naggar, President of DGE, and 
possibly other DGE officials at various times between January and April 
1997, that DGE needed to obtain an NRC license in order to possess the 
gauges. Based on the evidence obtained by OI and a predecisional 
enforcement conference with Dr. Abdulshafi on January 5, 1999, the NRC 
staff concludes that in January, 1997, Dr. Abdulshafi, Owner, President 
and Radiation Safety Officer of DAS,

[[Page 17425]]

deliberately transferred nuclear material to DGE, a person not 
authorized to possess or use such material, in violation of 10 CFR 
30.41.

III

    Based on the above, it appears that Dr.Abbdulshafi engaged in 
deliberate misconduct in violation of 10 CFR 30.10(a)(1), causing the 
Licensee to be in violation of 10 CFR 30.41(a) and (b)(5). Dr. 
Abdulshafi deliberately transferred six Troxler moisture density gauges 
containing byproduct material to a person not authorized to possess or 
use such material.
    The NRC must be able to rely upon licensees and their employees to 
comply with NRC requirements, including the requirement that byproduct 
material may be transferred only to persons authorized to receive such 
materials, in order to protect public health and safety. Dr. 
Abdulshafi's deliberate action in causing the Licensee to violate 10 
CFR 30.41 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 Dr. Abdulshafi were permitted at this time to be 
involved in NRC-licensed activities. Therefore, the public health, 
safety and interest require that Dr. Abdulshafi be prohibited from any 
involvement in NRC-licensed activities for a period of one year from 
the effective date of this Order. Additionally, Dr. Abdulshafi is 
required to notify the NRC of his subsequent employment in NRC-licensed 
activities for a one year period 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. Dr. Abdulshafi 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 Dr. Abdulshafi 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 licensee, and provide a copy of this Order to the 
licensee.
    3. For a period of one year after the one year period of 
prohibition has expired, Dr. Abdulshafi shall, within 20 days of 
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, Dr. Abdulshafi 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, OE, may, in writing, relax or rescind any of the 
above conditions upon a demonstration by Dr. Abdulshafi of good cause.

V

    In accordance with 10 CFR 2.202, Dr. Abdulshafi 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 Dr. Abdulshafi 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 shall be sent to the Director, Office of Enforcement, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555, to the Deputy Assistant 
General Counsel for Enforcement at the same address, to the Regional 
Administrator, NRC Region III, 801 Warrenville Road, Lisle, IL 60532, 
and to Dr. Abdulshafi if the answer or hearing request is by a person 
other than Dr. Abdulshafi. If a person other than Dr. Abdulshafi 
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. Abdulshafi, 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 31st day of March 1999.

    For the Nuclear Regulatory Commission.
Malcolm R. Knapp,
Deputy Executive Director for Regulatory Effectiveness.
[FR Doc. 99-8872 Filed 4-8-99; 8:45 am]
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