[Federal Register Volume 70, Number 155 (Friday, August 12, 2005)]
[Notices]
[Pages 47263-47264]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-4373]
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NUCLEAR REGULATORY COMMISSION
[IA-05-031]
In the Matter of Stanley Pitts; Order Prohibiting Involvement in
NRC-Licensed Activities (Effective Immediately)
I
Stanley Pitts (Mr. Pitts) was formerly employed as a fully
qualified technician and authorized nuclear gauge operator by
Professional Inspection and Testing Services, Inc. (Licensee) of
Chambersburg, Pennsylvania. Professional Inspection and Testing
Services, Inc., holds License No. 37-28744-01 issued by the Nuclear
Regulatory Commission pursuant to 10 CFR part 30 on August 4, 1999. The
license authorized the possession and use of cesium-137 and americium-
241 sealed sources to be used in portable gauging devices in accordance
with the conditions specified therein.
II
On April 7, 2004, the Licensee reported to the NRC that a Troxler
Model 3430 moisture/density gauge (Serial No. 75-5183) containing 9 mCi
of cesium-137 and 44 mCi of americium-241 (NRC-licensed radioactive
material) was unaccounted for and considered stolen by an employee/
authorized user, (namely, Mr. Pitts) who was performing work at a
temporary job site in Prince George's County, Maryland. This nuclear
gauge, along with other licensee property, was last known to have been
used by Mr. Pitts on March 25, 2004. The gauge was recovered in
Bladensburg, Maryland by police on April 15, 2004, in an apartment
formerly occupied by Mr. Pitts. Neither the licensee nor the police
were able to locate Mr. Pitts and an arrest warrant was issued
regarding the theft of company property that belonged to Professional
Inspection and Testing Services, Inc. As of the date of this Order, Mr.
Pitts remains a fugitive with an outstanding arrest warrant.
The NRC Office of Investigations (OI) conducted an investigation
into the reported loss of the nuclear gauge. OI Report No. 1-2004-027
was issued on February 9, 2005. Information developed during that
investigation verified that Mr. Pitts was authorized by the Licensee to
use their licensed moisture/density gauges until April 2, 2004, when
his employment was terminated by the Licensee. Based on the evidence
developed during the investigation, the NRC concluded that Mr. Pitts
possessed the nuclear gauge for a period of approximately 13 days after
April 2, 2004, when he was no longer employed by the Licensee and was
not authorized by the Licensee nor licensed by the NRC as required
under 10 CFR part 30. Additionally, Mr. Pitts did not maintain control
of the nuclear gauge resulting in the loss of NRC licensed radioactive
material in the public domain for approximately twenty-one days.
III
Based on the above, the NRC concludes that Mr. Pitts, a former
employee of the Licensee, deliberately violated 10 CFR 30.3 when he
apparently had stolen and illegally possessed the portable gauging
device containing licensed radioactive material that belonged to
Professional Inspection and Testing Services, Inc. 10 CFR 30.3 requires
that no person shall manufacture, produce, transfer, receive, acquire,
own, possess, or use byproduct material except as authorized in a
specific or general license. The NRC must be able to rely on its
licensees, and employees of licensees, to comply with NRC requirements,
including the requirement that licensed material cannot be acquired,
possessed or transferred without a specific or general license. The
deliberate violation of 10
[[Page 47264]]
CFR 30.3 by Mr. Pitts, as discussed above, has raised serious doubt as
to whether he can be relied upon to comply with NRC requirements in the
future.
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 Mr. Pitts were permitted at this time to be
involved in NRC-licensed activities. Therefore, the public health,
safety and interest require that Mr. Pitts be prohibited from any
involvement in NRC-licensed activities for a period of five (5) years
from the date of this Order. Furthermore, pursuant to 10 CFR 2.202, I
find that the significance of Mr. Pitts's conduct described above is
such that the public health, safety and interest require that this
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. Stanley Pitts is prohibited for five (5) years from the date of
this Order 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 Mr. Pitts is currently involved in NRC-licensed activities,
he 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. Subsequent to expiration of the five year prohibition, Mr.
Stanley Pitts shall, for the next five years and within 20 days of
acceptance of his first employment offer involving NRC-licensed
activities or his 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
entity where he is, or will be, involved in the NRC-licensed
activities. In the notification, Stanley Pitts shall include a
statement of his commitment to compliance with regulatory requirements
and the basis why the Commission should have confidence that he will
now comply with applicable NRC requirements.
The Director, Office of Enforcement, may, in writing, relax or
rescind any of the above conditions upon demonstration by Mr. Pitts of
good cause.
V
In accordance with 10 CFR 2.202, Stanley Pitts 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 Mr. Pitts 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 I, 475 Allendale Road, King
of Prussia, Pennsylvania, and to Mr. Pitts if the answer or hearing
request is by a person other than Mr. Pitts. 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 Office of the General Counsel either by means of facsimile
transmission to 301-415-3725 or by e-mail to [email protected]. If
a person other than Mr. Pitts 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 2.309.
If a hearing is requested by Mr. Pitts 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), Mr. Pitts, 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 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 August, 2005.
For The Nuclear Regulatory Commission.
Martin J. Virgilio,
Deputy Executive Director for Materials, Research, State and Compliance
Programs.
[FR Doc. E5-4373 Filed 8-11-05; 8:45 am]
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