[Federal Register Volume 64, Number 234 (Tuesday, December 7, 1999)]
[Notices]
[Pages 68393-68394]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-31610]


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NUCLEAR REGULATORY COMMISSION

[IA 99-053]


John Urban; Confirmatory Order Requiring Notice to Certain 
Employers and Prospective Employers and Notification of NRC of Certain 
Employment in NRC-Licensed Activities (Effective Immediately)

I.

    Mr. John Urban is currently involved in NRC-licensed activities as 
an employee at MidMichigan Medical Center, Midland, Michigan. 
MidMichigan Medical Center (MMC or Licensee) is the holder of Byproduct 
Material License No. 21-01549-02 issued by the Nuclear Regulatory 
Commission (NRC or Commission) pursuant to 10 CFR parts 30 and 35 and 
last renewed on February 3, 1999. The license authorizes possession and 
use of radioactive material for medical purposes in accordance with the 
conditions specified therein.

II.

    On June 1, 1999, the Licensee reported a misadministration 
involving a patient undergoing treatment for thyroid carcinoma who 
received approximately 100 millicuries of iodine-131 instead of 150 
millicuries as prescribed. The misadministration occurred on May 24, 
1999, when the chief technologist, Mr. John Urban, administered a 103 
millicurie dose of iodine-131 without first verifying that the dosage 
was in accordance with the written directive. The Licensee's quality 
management program dated January 20, 1992, requires any individual 
administering therapy dosages to review the written directive before 
administering the dosage. After the patient left MMC, Mr. Urban looked 
at the written directive and realized that there was an inconsistency 
between what the patient received and what had been prescribed. Mr. 
Urban did not attempt to contact the physician or anyone else regarding 
this inconsistency. He then altered the written directive dosage from 
150 millicuries to 100 millicuries. Two days later, on May 26, 1999, 
the prescribing physician discovered the misadministration when he 
realized that the written directive had been altered to reflect the 
dose administered. Initially, Mr. Urban denied altering the written 
directive to MMC and the NRC inspector. The Licensee reported the 
misadministration to the NRC on June 1, 1999. An NRC inspection was 
conducted on June 7-8, 1999, and the Office of Investigations (OI) 
initiated an investigation on June 14, 1999. The OI report concluded 
that Mr. John Urban engaged in deliberate misconduct by altering a 
written directive, by providing incomplete and inaccurate information 
to an NRC inspector, and thereby, in part, causing MMC to file an 
untimely misadministration report. In addition, Mr. Urban demonstrated 
careless disregard for license requirements when he did not review the 
written directive prior to administering a therapeutic dosage. During 
the predecisional enforcement conference held on September 17, 1999, 
Mr. Urban indicated that on May 24, 1999, he believed, based on the 
patient's statement and the dose ordered, that he had administered the 
correct dosage.

III.

    The Commission's regulation in 10 CFR 30.10 requires, in part, that 
any employee of a licensee may not engage in deliberate misconduct that 
causes a licensee to be in violation of any regulation issued by the 
Commission. Based on the facts as set forth above, the staff concluded 
that Mr. Urban engaged in deliberate misconduct that caused the 
Licensee to be in violation of 10 CFR 30.9 and 35.33. Mr. Urban 
provided incomplete and inaccurate information to an NRC inspector and 
failed to alert MMC management to the misadministration which denied 
them the opportunity to submit a timely misadministration report to 
NRC. The NRC must be able to rely on the Licensee and its employees to 
comply with NRC requirements. Mr. Urban's actions have raised serious 
doubt as to whether he can be relied upon to comply with NRC 
requirements and provide complete and accurate information to the NRC.
    The NRC staff sent a letter dated November 10, 1999, to Mr. Urban 
containing the proposed terms of this Confirmatory Order which are set 
out in Section IV of this Confirmatory Order. The proposed terms are 
that Mr. Urban is required to provide a copy of this Confirmatory Order 
to any current employer (other than MMC) and future employer and is 
required to notify the NRC of any new employment involving licensed 
activities for a period of two years. The NRC staff requested Mr. Urban 
to review the proposed items and indicate his agreement with those 
terms by signing an enclosed waiver. By facsimile dated November 19, 
1999, Mr. Urban transmitted the signed waiver indicating agreement with 
the provisions, the issuance of the Confirmatory Order confirming the 
provisions and waiving his right to have a hearing on such a 
Confirmatory Order.
    I find that Mr. Urban's commitments as agreed to in the facsimile 
of November 19, 1999, are acceptable and necessary and conclude that 
with these commitments public health and safety are reasonably assured. 
In view of the foregoing, I have determined that public health and 
safety require that Mr. Urban's commitments in the November 19, 1999 
facsimile be confirmed by this Confirmatory Order. As stated above, Mr. 
Urban has agreed to this action. Pursuant to 10 CFR 2.202, I have also 
determined, based on Mr. Urban's consent and on the significance of the 
conduct described above, that public health and safety require that 
this Confirmatory 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. Should John Urban seek employment involving NRC-licensed 
activities during the two year period from the date of this 
Confirmatory Order, Mr. Urban shall provide a copy

[[Page 68394]]

of this Confirmatory Order to the prospective employer at the time that 
Mr. Urban is soliciting or negotiating employment so that the person is 
aware of the Confirmatory Order prior to making an employment decision. 
NRC-licensed activities are those activities which 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. For a two year period from the date of this Confirmatory Order, 
John Urban shall, within 10 business days of his acceptance of an 
employment offer involving NRC-licensed activities, 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.
    3. If John Urban is currently involved in NRC-licensed activities 
at any employer other than MidMichigan Medical Center, Mr. Urban shall, 
within 30 days of the date of this Confirmatory Order, provide a copy 
of this Confirmatory Order to any such employer and provide notice to 
the Director, Office of Enforcement, at the address provided above, of 
the name, address, and telephone number of any such employer.
    The Director, Office of Enforcement, may, in writing, relax or 
rescind any of the above conditions upon demonstration by Mr. Urban of 
good cause.

V.

    Any person adversely affected by this Confirmatory Order, other 
than Mr. Urban, 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, Washington, DC 20555, 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, 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 Hearings and Enforcement at the same address, to the 
Regional Administrator, NRC Region III, 801 Warrenville Road, Lisle, IL 
60532, and Mr. Urban. If a person other than Mr. Urban requests a 
hearing, that person shall set forth with particularity the manner in 
which his interest is adversely affected by this Confirmatory 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 Confirmatory 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 confirmatory order.

    Dated this 26th day of November 1999.

    For the Nuclear Regulatory Commission.
R.W. Borchardt,
Director, Office of Enforcement.

[FR Doc. 99-31610 Filed 12-6-99; 8:45 am]
BILLING CODE 7590-01-P