[Federal Register Volume 64, Number 165 (Thursday, August 26, 1999)]
[Notices]
[Pages 46732-46733]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22205]


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NUCLEAR REGULATORY COMMISSION

[IA 99-037]


Stanislaw Piorek, Ph.D.; Confirmatory Order Prohibiting 
Involvement in NRC-Licensed Activities (Effective Immediately)

I

    Stanislaw Piorek, Ph.D. is a former employee of New Technology 
Development for Metorex, Inc. (MI). While employed by MI, he functioned 
as Radiation Safety Officer and Vice President. MI holds Nuclear 
Regulatory Commission (NRC) License Nos. 29-30342-02G and 29-30342-01. 
License No. 29-30342-02G authorizes distribution of generally licensed 
devices. License No. 29-30342-01 authorizes sealed sources for use and 
possession incident to the distribution of specifically licensed 
devices; research and development as defined in 10 CFR 30.4; 
manufacturing and testing of analyzer devices; installation and removal 
from analyzer devices; repair and servicing of devices; calibration of 
instruments, receipt, storage, and transfer of devices from customers 
for disposal; demonstrations of devices; and instruction and training 
in the use of devices.

II

    On August 20, 1998, NRC conducted a safety inspection of activities 
authorized by MI's licenses. The inspection reviewed the circumstances 
surrounding the unauthorized distribution of x-ray fluorescence 
analyzer devices (SIPS Probes) from October 1997 through July 1998. 
Based on the findings of the August 20, 1998 inspection, the NRC's 
Office of Investigations (OI) initiated an investigation on August 24, 
1998. The OI investigation determined that Stanislaw Piorek, Ph.D. 
deliberately failed to stop shipments of x-ray fluorescence analyzer 
devices during the period January 1998 through July 1998, knowing that 
MI was not authorized by the NRC to distribute them. In addition, OI 
concluded that Dr. Piorek deliberately failed to submit quarterly 
reports to the NRC, regarding the transfer of radioactive material, for 
the fourth calendar quarter of 1997 and the first calendar quarter of 
1998. As a result, the NRC has concluded that Dr. Piorek violated 10 
CFR 30.10, ``Deliberate Misconduct,'' in that Dr. Piorek caused the 
Licensee to be in violation of NRC requirements. Specifically: (1) in 
failing to stop distribution of x-ray fluorescence analyzer devices, 
Dr. Piorek caused the licensee to be in violation of 10 CFR 30.3; and 
(2) in failing to submit quarterly reports to the NRC, Dr. Piorek 
caused the licensee to be in violation of 10 CFR 32.52. Dr. Piorek has 
cooperated in the investigation of these matters and has admitted that 
these violations occurred.

III

    In a telephone call on August 4, 1999, Dr. Piorek, through his 
attorney, agreed to issuance of a Confirmatory Order prohibiting him 
from engaging in NRC-licensed activities for a period of three (3) 
years from July 1, 1998, the date that Dr. Piorek ended his employment 
at MI and ceased involvement in NRC-licensed activities. On August 11, 
1999, Dr. Piorek consented to the issuance of this Order with the 
commitments, as described in Section IV below. Dr. Piorek further 
agreed in the August 11, 1999 letter that this Order be effective upon 
issuance and that he waived his right to a hearing.
    I find that Dr. Piorek's commitments as set forth in Section IV are 
acceptable and necessary and conclude that with these commitments the 
public health and safety are reasonably assured. In view of the 
foregoing, I have determined that the public health and safety require 
that Dr. Piorek's commitments be confirmed by this Order. Based on the 
above and Dr. Piorek's consent to this action, this Order is 
immediately effective upon issuance.

IV

    Accordingly, pursuant to sections 53, 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 Parts 30 and 32, and 10 CFR 30.10, 
it is hereby ordered, effective immediately, that: 
    A. For a period of three years from July 1, 1998, the date that Dr. 
Piorek ended his employment at MI and ceased involvement in NRC-
licensed activities, Dr. Stanislaw Piorek is prohibited from engaging 
in, or exercising control over individuals engaged 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. 
This prohibition covers the following activities: (1) using licensed 
materials or conducting licensed activities in any capacity within the 
jurisdiction of the NRC; and (2) supervising or directing any licensed 
activities conducted within the jurisdiction of the NRC.
    Dr. Piorek may, however, provide advice to personnel on their use 
of devices containing licensed materials if such advice is described in 
a plan for such activities, which is reviewed and approved by the RSO 
or authorized designee. This advice is limited to the use of devices, 
not the contained licensed material. Dr. Piorek is not permitted to 
provide advice concerning use or installation of licensed material or 
compliance with NRC requirements. In addition, the actual conduct of 
such activities must be under the supervision of an authorized user. 
For purposes of this Order, an authorized user is a person who is 
listed on the license as a user of, or is an individual who supervises 
other persons using, NRC licensed material.
    B. No less than five (5) days prior to the first time that Dr. 
Stanislaw Piorek engages in, or exercises control over, NRC-licensed 
activities during a period of five (5) years following the three-year 
prohibition stated in Section IV.A above, the Director, Office of 
Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC. 20555, 
shall be notified in writing of the name, address, and telephone number 
of the NRC or Agreement State licensee and the location where the 
licensed activities will be performed. This notice shall be accompanied 
by a statement by Dr. Stanislaw Piorek, under oath or affirmation, that 
he understands the applicable NRC requirements and is committed to 
compliance with NRC requirements.
    The Director, Office of Enforcement, may relax or rescind, in 
writing, any of the above conditions upon a showing by Dr. Piorek of 
good cause.

V

    Any person adversely affected by this Confirmatory Order, other 
than Dr. Piorek , may request a hearing within 20 days of its issuance. 
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, One White Flint North,

[[Page 46733]]

11555 Rockville Pike, Rockville, MD 20852-2738, and include a statement 
of good cause for the extension. Any request for a hearing shall be 
submitted to the Secretary, U.S. Nuclear Regulatory Commission, ATTN: 
Rulemakings and Adjudications Staff, One White Flint North, 11555 
Rockville Pike, Rockville, MD 20852-2738. Copies also shall be sent to 
the Director, Office of Enforcement, U.S. Nuclear Regulatory, to the 
Deputy Assistant General Counsel for Enforcement, and to the Director, 
Office of Nuclear Materials Safety and Safeguards, at the same address. 
If such a person 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 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 Confirmatory 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 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 this 19th day of August, 1999.
R.W. Borchardt,
Director, Office of Enforcement.
[FR Doc. 99-22205 Filed 8-25-99; 8:45 am]
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