[Federal Register Volume 64, Number 89 (Monday, May 10, 1999)]
[Notices]
[Pages 25083-25085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-11670]


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NUCLEAR REGULATORY COMMISSION

[IA 98-067]


In the Matter of Sheila N. Burns; Order Prohibiting Involvement 
in NRC-Licensed Activities (Effective Immediately)

I

    Sheila N. Burns was employed as a radiographer's assistant by 
International Radiography and Inspection Services, Inc. (IRIS or 
Licensee), Tulsa, Oklahoma. IRIS holds License No. 35-30246-01 issued 
by the Nuclear Regulatory Commission (NRC or Commission) pursuant to 10 
CFR Part 34. The license authorizes IRIS to possess and utilize sealed 
radiation sources in the performance of industrial radiography in 
accordance with the conditions specified in the license.

[[Page 25084]]

II

    On November 7, 1998, Ms. Burns and another IRIS employee were 
performing radiography at Sagebrush Pipeline Equipment Company in 
Sapulpa, Oklahoma, using a radiographic exposure device (camera) 
containing approximately 87 curies of iridium-192. Ms. Burns was the 
radiographer's assistant on this job; the other IRIS employee was a 
radiographer. In accordance with 10 CFR 34.46, the radiographer's 
assistant was required to be under the personal supervision of the 
radiographer when using the radiographic exposure device or performing 
radiation surveys.
    On November 9, 1998, the radiation safety officer for IRIS notified 
the NRC Operations Center in Rockville, Maryland, of an incident that 
occurred on November 7, 1998, involving Ms. Burns and the radiographer. 
The incident resulted in a radiation exposure to Ms. Burns in excess of 
the annual limit in 10 CFR 20.1201.
    The NRC conducted an inspection and investigation to review the 
circumstances surrounding this incident, and identified numerous 
apparent violations of radiation safety requirements associated with 
this incident, many of which were committed deliberately. The results 
of the NRC investigation were described in an investigation report 
issued on January 5, 1999. The results of the inspection were described 
in an inspection report issued on March 3, 1999. On January 25, 
February 4, and March 18, 1999, respectively, the NRC conducted 
separate predecisional enforcement conferences with Ms. Burns, the 
radiographer, and IRIS representatives. The conferences were conducted 
to discuss the apparent violations and to assist the NRC in reaching 
enforcement decisions in this matter.
    With respect to Ms. Burns, the NRC has determined that she engaged 
in the following acts of deliberate misconduct prohibited by 10 CFR 
30.10(a)(i) that caused IRIS to be in willful violation of regulatory 
requirements by: (1) Knowingly conducting radiography at a site at 
which there was no radiation survey instrument, contrary to the 
requirements of 10 CFR 34.25(a); (2) knowingly conducting radiography 
without performing radiation surveys each time the radiographic source 
was returned to its shielded position following an exposure, contrary 
to the requirements of 10 CFR 34.49(b); and (3) knowingly conducting 
radiography without wearing all required personal radiation monitoring 
equipment, contrary to the requirements of 10 CFR 34.47(a). In 
addition, Ms. Burns knowingly provided false and misleading information 
to IRIS's radiation safety officer following the incident, contrary to 
the requirements of 10 CFR 30.10(a)(2). With regard to the latter 
violation, Ms. Burns knowingly provided IRIS officials with false 
information which was intended to cause them to believe that the 
radiographer was in the restroom at the time of the exposure incident, 
that she and the radiographer had followed radiation safety 
requirements regarding the use of radiation survey instruments and 
personal dosimetry, that she had inadvertently used a faulty alarm 
ratemeter that night, and that she and the radiographer had halted 
radiography work following her pocket dosimeter going off-scale.

III

    The NRC must be able to rely on the Licensee and its employees to 
comply with NRC requirements, including the requirement to provide 
information that is complete and accurate in all material respects. Ms. 
Burns' deliberate misconduct, which caused IRIS to violate the 
Commission's regulations and resulted in a radiation exposure in excess 
of the annual limit in 10 CFR 20.1201, and her misrepresentations to 
IRIS officials, have raised serious doubt as to whether she can be 
relied upon to comply with NRC requirements, and to provide complete 
and accurate information to the NRC and its licensees.
    Consequently, I lack the requisite reasonable assurance that 
licensed activities will be conducted in compliance with the 
Commission's requirements and that the health and safety of the public 
will be protected if Sheila N. Burns were permitted at this time to be 
involved in NRC-licensed activities. Therefore, the public health, 
safety and interest require that Sheila N. Burns be prohibited from any 
involvement in NRC-licensed activities for a period of 3 years from the 
date of this Order. Additionally, Sheila N. Burns is required to notify 
the NRC of her first employment in NRC-licensed activities following 
the prohibition period. Furthermore, pursuant to 10 CFR 2.202, I find 
that the significance of Sheila N. Burns's conduct described above is 
such that the public health, safety and interest require that this 
Order be immediately effective.

IV

    Accordingly, pursuant to sections 81, 161b, 161i, 161o, 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, Effective Immediately, That:
    1. Sheila N. Burns is prohibited for 3 years from the date of this 
Order 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 pursuant to the 
authority granted by 10 CFR 150.20.
    2. If Sheila N. Burns is currently involved with another licensee 
in NRC-licensed activities, she must immediately cease those 
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 3 years after the 3-year period of prohibition 
has expired, Sheila N. Burns shall, within 20 days of her acceptance of 
each employment offer involving NRC-licensed activities or her 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 she 
is, or will be, involved in NRC-licensed activities. In the first 
notification Ms. Burns shall include a statement of her commitment to 
compliance with regulatory requirements and the basis why the 
Commission should have confidence that she 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 Sheila N. 
Burns of good cause.

V

    In accordance with 10 CFR 2.202, Ms. Burns 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

[[Page 25085]]

each allegation or charge made in this Order and shall set forth the 
matters of fact and law on which Ms. Burns 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 Assistant General Counsel for 
Materials Litigation and Enforcement at the same address, to the 
Regional Administrator, NRC Region IV, 611 Ryan Plaza Drive, Suite 400, 
Arlington, Texas 76011, and to Ms. Burns if the answer or hearing 
request is by a person other than Ms. Burns. If a person other than Ms. 
Burns 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 Ms. Burns 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), Ms. Burns 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.

    Dated this 29th day of April 1999.

    For the Nuclear Regulatory Commission.
Malcolm R. Knapp,
Deputy Executive Director for Regulatory Effectiveness.
[FR Doc. 99-11670 Filed 5-7-99; 8:45 am]
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