[Federal Register Volume 70, Number 155 (Friday, August 12, 2005)]
[Pages 47263-47264]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-4373]




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


    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.


    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.


    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 
    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.


    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.


    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 
    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 
[FR Doc. E5-4373 Filed 8-11-05; 8:45 am]