[Federal Register Volume 64, Number 89 (Monday, May 10, 1999)]
[Notices]
[Pages 25085-25086]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-11671]
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NUCLEAR REGULATORY COMMISSION
[IA 99-002]
In the Matter of James S. Dawson; Order Prohibiting Involvement
in NRC-Licensed Activities (Effective Immediately)
I
James S. Dawson was employed as a radiographer 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.
II
On November 7, 1998, Mr. Dawson 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. Mr. Dawson was the
radiographer on this job; the other IRIS employee was a radiographer's
assistant. In accordance with 10 CFR 34.46, the radiographer's
assistant was required to be under the personal supervision of Mr.
Dawson when using the radiographic exposure device or performing
radiation surveys. Thus, Mr. Dawson was responsible for assuring that
certain NRC-licensed activities carried out by the radiographer's
assistant were being performed appropriately and in compliance with NRC
requirements.
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 Mr. Dawson and the
radiographer's assistant. The incident resulted in a radiation exposure
to the radiographer's assistant 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 the radiographer's
assistant, Mr. Dawson, 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 Mr. Dawson, the NRC has determined that he 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); (3) knowingly conducting
radiography without wearing all of the required personal radiation
monitoring equipment, contrary to the requirements of 10 CFR 34.47(a);
(4) knowingly permitting the radiographer's assistant to resume work
associated with licensed material after the radiographer's assistant's
pocket dosimeter went off-scale and before a determination of the
radiographer's assistant's radiation exposure had been made, contrary
to the requirements of 10 CFR 34.47(d); and (5) knowingly failing to
immediately contact the IRIS radiation safety officer after the
radiographer's assistant's pocket dosimeter went off-scale, contrary to
the requirements of IRIS's operating and emergency procedures (i.e.,
Item 3.1.2.1 IRIS' Radiation Safety Manual). In addition, Mr. Dawson
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, Mr. Dawson
knowingly provided IRIS officials with false information which was
intended to cause them to believe that Mr. Dawson was in the restroom
at the time of the exposure incident, that he and the radiographer's
assistant had followed radiation safety requirements regarding the use
of radiation survey instruments and personal dosimetry, and that he had
halted radiography work following the radiographer's assistant's pocket
dosimeter going off-scale.
[[Page 25086]]
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. Mr.
Dawson's deliberate misconduct, which caused IRIS to violate the
Commission's regulations and resulted in a radiation exposure to the
radiographer's assistant in excess of the annual limit in 10 CFR
20.1201, and his misrepresentations to IRIS officials, have raised
serious doubt as to whether he 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 James S. Dawson were permitted at this time to be
involved in NRC-licensed activities. Therefore, the public health,
safety and interest require that James S. Dawson be prohibited from any
involvement in NRC-licensed activities for a period of 5 years from the
date of this Order. Additionally, James S. Dawson 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 significance of James S. Dawson'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. . James S. Dawson is prohibited for 5 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 James S. Dawson is currently involved with another licensee
in NRC-licensed activities, he 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 5 years after the 5-year period of prohibition
has expired, James S. Dawson 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 NRC-licensed activities. In the first
notification Mr. Dawson 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 James S.
Dawson of good cause.
V
In accordance with 10 CFR 2.202, Mr. Dawson 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. Dawson 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 Mr. Dawson if the answer or
hearing request is by a person other than Mr. Dawson. If a person other
than Mr. Dawson 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. Dawson 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), Mr. Dawson 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. 99-11671 Filed 5-7-99; 8:45 am]
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