[Federal Register Volume 66, Number 70 (Wednesday, April 11, 2001)]
[Notices]
[Pages 18815-18817]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-8889]


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NUCLEAR REGULATORY COMMISSION

[IA-01-023]


In the Matter of Paige Rowland; Order Prohibiting Involvement in 
NRC-Licensed Activities (Effective Immediately)

I

    Paige Rowland was employed as a nuclear medicine technician at 
Central Michigan Community Hospital (Licensee) in Mount Pleasant, 
Michigan. Central Michigan Community Hospital holds License No. 21-
08966-01, Amendment 37, issued by the Nuclear Regulatory Commission 
(NRC or Commission) pursuant to 10 CFR Parts 30 and 35 on August 10, 
1998. The license authorizes the medical use of byproduct material for 
diagnostic and therapy purposes in accordance with the conditions 
specified therein. Ms. Rowland was authorized to use byproduct material 
under the supervision of an authorized user.

II

    On June 22 to July 2, 1998, an inspection was conducted at the 
licensee's facility to determine whether activities were performed 
safely and according to NRC requirements. During the inspection, 
hospital staff informed the NRC that on August 2, 1996, an emergency 
lung scan, using technetium-99m, was conducted by an unqualified 
individual who was not under the supervision of an authorized user. Ms. 
Rowland, the on-call nuclear medicine technician (NMT), was unable to 
respond to the hospital's page and arranged for another hospital 
technician to conduct the lung scan, with Ms. Rowland on the telephone 
talking the other technician through the nuclear medicine procedure. 
While all activities were properly performed, the second individual was 
not qualified to perform the procedure and was not under the 
supervision of an authorized user in accordance with NRC requirements.
    Based on the inspection results, the NRC Office of Investigations 
(OI) conducted an investigation to determine whether Ms. Rowland 
conspired with another hospital technician to deliberately violate NRC 
requirements by having the unqualified technician

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perform the lung scan without being under the supervision of an 
authorized user. The OI investigation concluded that Ms. Rowland and 
the unqualified technician conspired to deliberately cause the licensee 
to be in violation by having the unqualified and unsupervised 
individual perform the lung scan.
    A predecisional enforcement conference was held with Ms. Rowland on 
January 26, 1999, to discuss the incident and obtain her perspective on 
the issue. Based on the information provided by Ms. Rowland during the 
conference, OI conducted a supplemental investigation to determine 
whether she provided inaccurate information to NRC staff during the 
conference. The OI investigation concluded that Ms. Rowland provided 
false information to the NRC relating to who performed the lung scan on 
August 2, 1996.
    The OI investigators coordinated the results of their investigation 
with the U.S. Attorney's Office, Grand Rapids, Michigan, and Ms. 
Rowland was subsequently prosecuted for providing false information to 
the NRC. On November 30, 2000, Ms. Rowland pleaded guilty in the United 
States District Court for the Western District of Michigan to a 
criminal charge involving knowingly providing false statements to the 
NRC.

III

    Based on the above, it appears that Paige Rowland, while an 
employee of the Licensee, engaged in deliberate misconduct that caused 
the Licensee to be in violation of 10 CFR 35.11(b) and her in violation 
of 10 CFR 30.10(a)(1). It further appears that Ms. Rowland has 
deliberately provided to NRC staff information that she knew to be 
incomplete or inaccurate in some respect material to the NRC, in 
violation of 10 CFR 30.10(a)(2). The NRC must be able to rely on the 
licensee and its employees to comply with NRC requirements and to 
provide information that is complete and accurate in all material 
respects. Ms. Rowland's deliberate action causing the licensee to 
violate 10 CFR 35.11(b) and her misrepresentations to the NRC have 
raised serious doubt whether she can be relied upon to comply with NRC 
requirements, to refrain from deliberately violating NRC rules and 
regulations, and to provide complete and accurate information to the 
NRC.
    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 Ms. Rowland were permitted at this time to be 
involved in NRC-licensed activities. Therefore, the public health, 
safety and interest require that Ms. Rowland be prohibited from any 
involvement in NRC-licensed activities for a period of five years from 
November 30, 2000 (the date of her conviction). Additionally, Ms. 
Rowland is required to notify the NRC of her first employment in NRC-
licensed activities for a period of five years following the 
prohibition period. Furthermore, pursuant to 10 CFR 2.202, I find that 
the significance of Ms. Rowland's conduct described above is such that 
the public health, safety and interest require that this Order be 
immediately effective.
    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. Paige Rowland is prohibited for five years from November 30, 
2000, 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 Ms. Rowland 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 five years after the five-year period of 
prohibition has expired, Ms. Rowland shall, within 20 days of 
acceptance of her first 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 the NRC-licensed 
activities. In the notification, Ms. Rowland 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, OE, may, in writing, relax or rescind any of the 
above conditions upon demonstration by Ms. Rowland of good cause.

V

    In accordance with 10 CFR 2.202, Ms. Rowland 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 Ms. Rowland 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 III, 801 Warrenville Road, 
Lisle, Illinois 60532-4351, and to Ms. Rowland if the answer or hearing 
request is by a person other than Ms. Rowland. If a person other than 
Ms. Rowland 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. Rowland 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. Rowland, 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

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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 2nd day of April 2001.

For the Nuclear Regulatory Commission.
Carl J. Paperiello,
Deputy Executive Director for Materials, Research and State Programs.
[FR Doc. 01-8889 Filed 4-10-01; 8:45 am]
BILLING CODE 7590-01-P