[Federal Register Volume 68, Number 45 (Friday, March 7, 2003)]
[Notices]
[Pages 11161-11162]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-5488]


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NUCLEAR REGULATORY COMMISSION

[IA 02-048]


In the Matter of Ms. Linda Monro; Order Prohibiting Involvement 
in NRC-Licensed Activities

I

    Ms. Linda Monro (Ms. Monro) was formerly Assistant Radiation Safety 
Officer (RSO) of United Evaluation Services (UES) (Licensee), also 
previously known as Accurate Technologies Incorporated. UES was the 
holder of Byproduct Nuclear Material License No. 29-28358-02 issued by 
the Nuclear Regulatory Commission (NRC or Commission) pursuant to 10 
CFR part 30. The license authorized UES to possess and use sealed 
sources for use in industrial radiography and depleted uranium for 
shielding material. The license, which was issued on November 16, 2001, 
was due to expire on November 30, 2011, but was subsequently terminated 
on January 6, 2003.

II

    On September 25, 2001, an event occurred at the McShane facility in 
Baltimore, Maryland, involving a radiation injury to one of the 
Licensee's radiographers. This event was discussed with the Licensee on 
October 4, 2001. During the discussions, the NRC learned that the 
radiographer received a very significant radiation exposure to his 
hands in excess of regulatory limits (at a minimum, approximately 250-
300 rem) while performing radiography at that facility. Since the 
facility was located in Maryland, an NRC Agreement State, the 
activities related to that exposure were within the jurisdiction of the 
State of Maryland.
    Although this event occurred while the radiographer was performing 
activities in an NRC Agreement State, the same equipment was possessed 
and used pursuant to an NRC license. Therefore, NRC inspections were 
conducted at the Licensee's facilities in New Jersey during October 
2001. Subsequent inspections were also conducted in November 2001 and 
in May 2002. In addition, the NRC Office of Investigations conducted an 
investigation, between October 31, 2001, and August 14, 2002, of the 
Licensee's activities. Based on the inspection and investigation, the 
NRC has determined, among other things, that Ms. Monro deliberately 
backdated or created false records of activities conducted at the 
facilities before the NRC inspection was initiated in October 2001. 
Specifically, Ms. Monro:
    1. Created a Radiation Report, dated September 8, 2001, which 
indicated that Ms. Monro was the radiographer of record when 
radiography was performed on that date in Paulsboro, New Jersey. The 
report, which was required to be maintained pursuant to 10 CFR 34.71, 
was inaccurate in that the radiography was actually performed by 
another individual (who was not certified to perform radiography) 
rather than Ms. Monro. Ms. Monro's actions in creating this inaccurate 
report were deliberate in that Ms. Monro admitted, during an 
enforcement conference conducted on November 19, 2002, that she was not 
at the Paulsboro site on that date, and she knew, at the time she 
completed the inaccurate record, that she was not at the Paulsboro site 
on that date; testimony of other licensee employees confirmed that Ms. 
Monro did not perform radiography at the Paulsboro site on that date; 
and Ms. Monro testified to OI, during an interview on April 11, 2002, 
that she was not working with the Licensee from late August 2001 until 
September 18, 2001, and therefore she could not have performed 
radiography for the Licensee on September 8, 2001.
    In addition, Ms. Monro created a Sign Out Log entry, dated 
September 8, 2001, which indicated that Ms. Monro was the radiographer 
using the exposure device to perform radiography work on that date. The 
Sign Out Log, which was required to be maintained pursuant to 10 CFR 
34.85, was inaccurate in that the radiography survey was not performed 
by Ms. Monro. Ms. Monro's actions in creating this inaccurate record 
were deliberate in that Ms. Monro admitted, during an enforcement 
conference conducted on November 19, 2002, that she created the Sign 
Out Log record to support that she had performed the radiography on 
September 8, 2001, and the evidence shows she knew she had not 
performed the radiography on that date.
    2. Created a Radiation Report, dated September 9, 2001, which 
indicated that Ms. Monro was the radiographer of record when 
radiography was performed on that date in Linden, New Jersey. The 
report, which was required to be maintained pursuant to 10 CFR 34.71, 
was inaccurate in that the radiography was actually performed by 
another individual rather than Ms. Monro. Ms. Monro's actions in 
creating this inaccurate report were deliberate in that Ms. Monro 
testified to OI that she was not working with the Licensee from late 
August 2001 until September 18, 2001, and therefore she could not have 
been performing radiography for the licensee on September 9, 2001. 
Further, another licensee employee testified that he performed the 
radiography at that location on that date, and Ms. Monro was not 
present. The evidence also shows she knew she had not performed the 
work on that date when she created the Radiation Report.
    3. Created a Quarterly Field Audit record, dated September 8, 2001, 
which indicated that Ms. Monro conducted an audit of an assistant 
radiographer who was performing licensed activities at the Paulsboro 
site on September 8, 2001. The record, which was required to be 
maintained pursuant to 10 CFR 34.79, was inaccurate in that Ms. Monro 
was not at the Paulsboro site on that date. Ms. Monro's actions in 
creating this inaccurate record were deliberate in that Ms. Monro 
admitted, during an enforcement conference conducted on November 19, 
2002, that she was not at the Paulsboro site on that date, and she knew 
at the time she completed the record that she had not conducted the 
audit.
    4. Created a Radiation Monitoring Equipment Quarterly Inspection, 
Inventory and Assignment Log, dated September 10, 2001, which indicated 
that Ms. Monro completed a quarterly inspection of the licensee's 
radiation monitoring equipment. The log, which was required to be 
maintained pursuant to 10 CFR 34.73, was inaccurate in that Ms. Monro 
did not complete an inspection/inventory of the equipment on that date. 
Ms. Monro's actions in creating this inaccurate log were deliberate in 
that Ms. Monro admitted, during an interview with the OI investigator 
on April 11, 2002, that she signed the Log (which indicated that she 
conducted the inspection/inventory) even though she believed that it 
was conducted by someone other than herself; and Ms. Monro also 
testified to OI, during that interview on April 11, 2002, that she was 
not working with the Licensee from late August 2001 until September 18, 
2001, and therefore she

[[Page 11162]]

could not have conducted the inspection/inventory on September 10, 
2001.

III

    The NRC's requirements in 10 CFR 30.10(a)(1) prohibit an individual 
from engaging in deliberate misconduct that causes or, but for 
detection, would have caused, a licensee to be in violation of any 
rule, regulation, or order, or any term, condition, or limitation of 
any license, issued by the Commission. Based on the above, the NRC has 
concluded that Ms. Monro, as the Assistant RSO of UES, violated 10 CFR 
30.10. The violations are significant because the potential exists to 
cause serious harm or injury if unqualified persons are involved in the 
performance of radiography.

IV

    The NRC must be able to rely on the Licensee, and Licensee 
employees, to comply with NRC requirements, including the requirement 
to maintain information that is complete and accurate in all material 
respects. Although the NRC has not found evidence that Ms. Monro, who 
was also a radiographer, had deliberately violated any requirements 
while performing licensed activities as a radiographer, Ms. Monro's 
deliberate violation of Commission regulations as the Assistant RSO 
raises serious questions as to whether she can be relied upon to 
manage, supervise, or oversee any licensed activities to assure 
compliance with NRC requirements, including the requirement to maintain 
complete and accurate information.
    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 
would be protected if Linda Monro were permitted at this time to be 
involved in the management, supervision, or oversight of NRC-licensed 
activities. Therefore, the NRC has determined that the public health, 
safety and interest require that Ms. Monro be prohibited from any 
management, supervision, or oversight of persons involved in NRC-
licensed activities for a period of one year from the date of this 
Order. If Ms. Monro is currently involved in the management, 
supervision, or oversight of NRC-licensed activities at any NRC 
licensed facility, Ms. Monro must immediately cease such 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.

V

    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 that:
    1. Linda Monro is prohibited from managing, supervising, or 
overseeing NRC-licensed activities or individuals while they are 
engaged in licensed activities, including (but not limited to) the 
duties of a Radiation Safety Officer, for one (1) year effective from 
the issuance of this Order, except that Ms. Monro may supervise an 
assistant radiographer when acting as a radiographer 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 Linda Monro is currently involved in the management, 
supervision, or oversight of NRC-licensed activities, Ms. Monro must 
immediately cease such 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.
    The Director, Office of Enforcement, may, in writing, relax or 
rescind any of the above conditions upon demonstration by Ms. Monro of 
good cause.

VI

    In accordance with 10 CFR 2.202, Linda Monro 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. Monro 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: Chief, 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 I, U.S. Nuclear 
Regulatory, 475 Allendale Road, King of Prussia, Pennsylvania 19406, 
and to Ms. Monro if the answer or hearing request is by a person other 
than Ms. Monro. Because of continuing disruptions in delivery of mail 
to United States Government offices, it is requested that answers and 
requests for hearing be transmitted to the Secretary of the Commission 
either by means of facsimile transmission to 301-415-1101 or by e-mail 
to [email protected] and also to the Assistant General Counsel 
either by means of facsimile transmission to 301-415-3725 or by e-mail 
to [email protected]. If a person other than Ms. Monro requests a 
hearing, that person shall set forth with particularity the manner in 
which his interest is adversely affected by this Order and shall 
address the criteria set forth in 10 CFR 2.714(d).\1\
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    \1\ The most recent version of title 10 of the Code of Federal 
Regulations, published January 1, 2002, inadvertently omitted the 
last sentence of 10 CFR 2.714 (d) and paragraphs (d)(1) and (d)(2) 
regarding petitions to intervene and contentions. For the complete, 
corrected text of 10 CFR 2.714 (d), please see 67 FR 20884; April 
29, 2002.
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    If a hearing is requested by Ms. Monro 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.
    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 V 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 V shall be final when the extension expires if a 
hearing request has not been received.

    For the Nuclear Regulatory Commission.

    Dated this 28th day of February, 2003.
Carl J. Paperiello,
Deputy Executive Director for Materials, Research, and State Programs.
[FR Doc. 03-5488 Filed 3-6-03; 8:45 am]
BILLING CODE 7590-01-P