[Federal Register Volume 67, Number 178 (Friday, September 13, 2002)]
[Notices]
[Pages 58084-58085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-23361]


-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[IA-02-030]


Brian J. McKenna; Demand for Information

    Brian J. McKenna, is employed as manager of radiography activities 
at Engineering & Inspections Unlimited, Inc. in the State of Hawaii. 
Engineering & Inspections Unlimited, Inc. (Licensee), a radiography 
licensee of the state of Florida, on May 7, 2002, filed an NRC Form 
241, ``Report of Proposed Activities in Non-Agreement States, Areas of 
Exclusive Federal Jurisdiction, or Offshore Waters,'' notifying the NRC 
of its intent to conduct radiography activities at numerous locations 
in the state of Hawaii, a Non-Agreement State. On August 1, 2002, 
Engineering & Inspections Unlimited, Inc. filed a revised NRC Form 241, 
notifying the NRC of additional locations at which it intended to 
conduct radiography activities in Hawaii. In accordance with 10 CFR 
150.20, ``Recognition of Agreement State licenses,'' a specific 
licensee of an Agreement State is granted a general license to perform 
the same activity in Non-Agreement states where NRC maintains 
jurisdiction provided the licensee complies with 10 CFR 150.20(b). 
Thus, the Licensee is currently performing radiography activities in 
Hawaii under a general license.
    On April 22, 2002, NRC Region IV conducted an unannounced 
inspection of Engineering & Inspections Hawaii, doing business as 
Testing Technologies, Inc. (TTI), at a temporary job site in Kapolei, 
Hawaii. Engineering & Inspections Hawaii was performing activities 
under an NRC license issued to TTI. TTI, based in Woodbridge, Virginia 
and the holder of NRC License No. 45-25007-01, is licensed to conduct 
radiography activities at temporary job sites anywhere the NRC has 
jurisdiction. Based on the discovery of apparent willful violations of 
NRC requirements, on April 24, 2002, NRC's Office of Investigations 
(OI) began an investigation of activities being conducted in Hawaii 
under TTI's license. On May 1, 2002, NRC's Region II office in Atlanta, 
Georgia, issued a confirmatory action letter to TTI

[[Page 58085]]

confirming TTI's commitment to take several remedial actions before 
radiography activities were resumed in Hawaii. As discussed above, on 
May 7, 2002, Engineering & Inspections Unlimited, Inc., a State of 
Florida licensee, filed with NRC to perform radiography activities in 
Hawaii under the reciprocity provisions of 10 CFR 150.20. Thus, 
Engineering & Inspections Hawaii's activities in Hawaii are no longer 
being conducted under TTI's NRC license.
    The preliminary results of the OI investigation include a finding 
that Brian J. McKenna engaged in deliberate misconduct, as defined by 
10 CFR 30.10. Specifically, the investigation found that Brian J. 
McKenna had on numerous occasions dispatched radiographer's assistants 
and helpers to conduct radiography without their being accompanied by a 
certified radiographer who was trained and certified in accordance with 
the training requirements of 10 CFR 34.43. Brian J. McKenna first 
denied dispatching non-certified radiographers to conduct radiography, 
but admitted after being shown records of specific radiography jobs 
that he had assigned non-certified radiographers to conduct radiography 
because of a shortage of qualified personnel.
    The investigative evidence developed to date demonstrates a lack of 
regard for NRC's radiation safety requirements by Brian J. McKenna. He 
currently manages radiography activities for Engineering & Inspections 
Unlimited, Inc.'s in Hawaii, supervises the individual who dispatches 
radiographers to job sites, and is authorized to perform radiography. 
This situation raises questions as to why the NRC should have 
reasonable assurance that Engineering & Inspections Unlimited, Inc.'s 
radiography activities in Hawaii are being conducted in accordance with 
all NRC radiation safety requirements.
    Accordingly, pursuant to sections 161b, 161c, 161i, 161o, 182 and 
186 of the Atomic Energy Act of 1954, as amended, and the Commission's 
regulations in 10 CFR 2.204, the Commission needs the following 
information to determine whether enforcement action should be taken 
against you to ensure future compliance with NRC requirements:
    A. Information as to why the NRC should have reasonable assurance 
that radiography activities being conducted by Engineering & 
Inspections Unlimited, Inc., under your management are being conducted 
in accordance with all NRC radiation safety requirements; and
    B. Information as to why the NRC should not take enforcement action 
to prohibit your involvement in NRC-licensed activities.
    You may provide any other information that you want the NRC to 
consider, including whether the statements made in Section II are 
correct. You may respond to this Demand for Information by filing a 
written answer under oath or affirmation or by setting forth your 
reasons why this Demand for Information should not have been issued if 
the requested information is not being provided. The response to this 
Demand for Information is to be submitted to the Director, Office of 
Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555, 
within 10 days of the date of this Demand for Information, in writing 
and under oath or affirmation. Copies also shall be sent to the 
Assistant General Counsel for Materials Litigation and Enforcement at 
the same address, the Regional Administrator, NRC Region IV, 611 Ryan 
Plaza Drive, Suite 400, Arlington, Texas 76011-4005, and the Regional 
Administrator, NRC Region II, Atlanta Federal Center, 61 Forsyth St., 
Atlanta, Georgia 30303.
    Upon review of your answer, or if no answer is filed, the 
Commission may institute a proceeding pursuant to 10 CFR 2.202 or take 
such other action as may be necessary to ensure compliance with 
regulatory requirements. Your response to the Demand for Information 
will be considered before a decision is made in this matter. However, 
if no answer is filed, we will proceed on the basis of available 
information.
    If you choose to respond, your response will be made available 
electronically for public inspection in the NRC Public Document Room or 
from the Publicly Available Records (PARS) component of NRC's document 
system (ADAMS). ADAMS is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html (the Public Electronic Reading Room). 
Therefore, to the extent possible, it should not include any personal 
privacy, proprietary, or safeguards information so that it can be made 
available to the Public without redaction. If personal privacy or 
proprietary information is necessary to provide an acceptable response, 
then please provide a bracketed copy of your response that identifies 
the information that should be protected and a redacted copy of your 
response that deletes such information. If you request withholding of 
such material, you must specifically identify the portions of your 
response that you seek to have withheld and provide in detail the bases 
for your claim of withholding (e.g., explain why the disclosure of 
information will create an unwarranted invasion of personal privacy or 
provide the information required by 10 CFR 2.790(b) to support a 
request for withholding confidential commercial or financial 
information).

    Dated this 5th day of September 2002.

    For the Nuclear Regulatory Commission.

James G. Luehman,
Deputy Director, Office of Enforcement.
[FR Doc. 02-23361 Filed 9-12-02; 8:45 am]
BILLING CODE 7590-01-P