[Federal Register Volume 71, Number 189 (Friday, September 29, 2006)]
[Notices]
[Pages 57572-57573]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-16075]


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NUCLEAR REGULATORY COMMISSION

[IA-06-036]


In the Matter of Mr. Gary Abel; Confirmatory Order (Effective 
Immediately)

I

     Mr. Gary Abel is a former General Manager of the Sterigenics 
International Inc. (Sterigenics), facility in Tustin, California.

II

    An NRC inspection was conducted at Sterigenics' facility in Tustin, 
California on October 18-19, 2004, to review compliance with the NRC's 
June 6, 2003, Order Imposing Compensatory Measures (Order) for 
Panoramic and Underwater Irradiator Licensees. Following that 
inspection, an investigation was initiated by the NRC Office of 
Investigations (OI) in order to determine whether Mr. Abel, who was the 
General Manager of the facility at the time, engaged in deliberate 
misconduct. Based on the results of the NRC inspection and 
investigation, the NRC identified that Mr. Abel acted in apparent 
violation of 10 CFR 30.10, ``Deliberate misconduct.'' 10 CFR 30.10 
states, in part, that any employee of a licensee may not: (1) Engage in 
deliberate misconduct that causes a licensee to be in violation of any 
order issued by the Commission; or (2) deliberately submit to the NRC 
information that the person submitting the information knows to be 
incomplete or inaccurate in some respect material to the NRC. 
Attachment 3 of the NRC's June 6, 2003 Order requires certain specific 
handling requirements for documents containing Safeguards Information-
Modified Handling (SGI-M).
    Based on the inspection and investigation, the NRC was concerned 
that between December 2003 and April 2004, Mr. Abel engaged in 
deliberate misconduct when he faxed, over unprotected 
telecommunications circuits, a document containing SGI-M, when he knew 
this was prohibited by the Order. This act caused the licensee to be in 
violation of the June 6, 2003, Order. In addition, the NRC was 
concerned that Mr. Abel submitted to the NRC information that he knew 
was incomplete or inaccurate regarding some of the circumstances 
relating to the faxed document.

III

    In a letter dated March 21, 2006, the NRC identified to Mr. Abel an 
apparent violation of 10 CFR 30.10, and offered Mr. Abel the 
opportunity to either request a predecisional enforcement conference or 
request Alternative Dispute Resolution (ADR) with the NRC in an attempt 
to resolve any disagreement on whether a violation occurred and if a 
violation did in fact occur, the appropriate enforcement sanction. In 
response to the March 21, 2006 letter, Mr. Abel requested ADR to 
resolve the matter with the NRC. ADR is a process in which a neutral 
mediator with no decision-making authority assists the NRC and Mr. Abel 
to resolve any differences regarding the matter.
    An ADR session was held between Mr. Abel and the NRC in Lisle, 
Illinois,

[[Page 57573]]

on August 4, 2006. During that ADR session, an agreement was reached. 
The elements of the agreement consisted of the following:
    1. The NRC and Mr. Abel agree that a violation of 10 CFR 30.10 
occurred. Specifically, 10 CFR 30.10 prohibits, in part, any licensee 
or licensee employee from engaging in deliberate misconduct that causes 
a licensee to be in violation of any rule or Order issued by the 
Commission. Mr. Abel agrees that he deliberately faxed a document 
containing SGI-M information over unprotected telecommunications 
circuits to a security contractor in violation of the NRC's June 6, 
2003, Order Imposing Compensatory Measures (Order) for Panoramic and 
Underwater Irradiator Licensees. This caused Mr. Abel's former employer 
to be in violation of the Order.
    2. Mr. Abel does not agree that he violated 10 CFR 30.10 by 
deliberately providing information that was inaccurate and incomplete 
to the NRC. The NRC and Mr. Abel agree to disagree regarding this 
point.
    3. The NRC and Mr. Abel agree that the actions in this paragraph 
are sufficient to address the NRC's concerns. Mr. Abel agrees to 
issuance of a letter and Confirmatory Order confirming this agreement, 
and also agrees to waive any request for a hearing regarding this 
Confirmatory Order. The Confirmatory Order would include the following 
elements:
    A. Mr. Abel will not engage in future NRC or Agreement State 
licensed activities for a period of 1 year to begin on the date of this 
Confirmatory Order or on October 1, 2006, whichever date is sooner.
    B. Not later than 90 days from the date of the Confirmatory Order, 
Mr. Abel will write an article for publication in the NRC's NMSS 
Newsletter that is mutually agreeable. The article will address the 
following elements: (1) That he was employed at a senior position at an 
irradiation facility, (2) how an individual should conduct themselves 
during an NRC inspection (e.g., the need for candor and forthrightness, 
the need to acknowledge violations forthrightly, if found, the 
potential consequences to an individual who does not provide complete 
and accurate information to the NRC, etc. * * *), and (3) the 
importance of controlling SGI-M material. The NRC agrees that Mr. 
Abel's article will be published anonymously, and Mr. Abel will submit 
the article to an addressee which the NRC will provide.
    C. In light of Mr. Abel's agreement as described in Item 3, the NRC 
agrees not to take any further action against Mr. Abel regarding this 
matter.
    D. Mr. Abel understands that the NRC, as part of its normal 
process, will issue a press release with the Confirmatory Order. The 
NRC will provide Mr. Abel a copy of the press release prior to its 
release.
    On September 16, 2006, Mr. Abel consented to issuing this 
Confirmatory Order with the commitments, as described in Section IV 
below. Mr. Abel further agreed in his September 16, 2006, consent and 
waiver that this Confirmatory Order is to be effective upon issuance 
and that he has waived his right to a hearing. Implementation of these 
commitments will provide enhanced assurance that documents containing 
SGI-M will be appropriately protected and will resolve the NRC's 
concerns. I find that Mr. Abel's commitments as set forth in Section IV 
are acceptable and necessary and conclude that with these commitments 
the public health and safety are reasonably assured. In view of the 
foregoing, I have determined that the public health and safety require 
that Mr. Abel's commitments be confirmed by this Order. Based on the 
above and Mr. Abel's consent, this Confirmatory Order is immediately 
effective upon issuance.

IV

    Accordingly, pursuant to Sections 147, 161b, 161i, 161o, 182 and 
186 of the Atomic Energy Act of 1954, as amended, the Commission's 
regulations in 10 CFR 2.202 and 10 CFR Part 30, and the Commission's 
June 6, 2003 Order, it is hereby ordered, effective immediately, that:
    (1) Mr. Abel will not engage in future NRC or Agreement State 
licensed activities for a period of 1 year to begin on the date of this 
Confirmatory Order or on October 1, 2006 whichever date is sooner.
    4. Not later than 90 days from the date of the Confirmatory Order, 
Mr. Abel will write an article for publication in the NRC's NMSS 
Newsletter that is mutually agreeable. The article will address the 
following elements: (1) That he was employed at a senior position at an 
irradiation facility, (2) how an individual should conduct themselves 
during an NRC inspection (e.g., the need for candor and forthrightness, 
the need to acknowledge violations forthrightly, if found, the 
potential consequences to an individual who does not provide complete 
and accurate information to the NRC), and (3) the importance of 
controlling SGI-M material. The NRC agrees that Mr. Abel's article will 
be published anonymously, and Mr. Abel will submit the article to an 
addressee which the NRC will provide.
    The Director, Office of Enforcement may relax or rescind, in 
writing, any of the above conditions upon a showing by Mr. Abel of good 
cause.

V

    Any person adversely affected by this Confirmatory Order, other 
than Mr. Abel, may request a hearing within 20 days of its issuance. 
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. Any 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 IV, 611 Ryan Plaza Drive, 
Suite 400, Arlington, Texas 76011, and to Mr. Abel. Because of the 
possible 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 such a person 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 (d) and (f).
    If a hearing is requested by 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 Confirmatory Order should be 
sustained.
    An answer or a request for hearing shall not stay the immediate 
effectiveness of this order.

     Dated this 22nd day of September, 2006.

    For the nuclear regulatory commission.
Cynthia A. Carpenter,
Director, Office of Enforcement.
[FR Doc. E6-16075 Filed 9-28-06; 8:45 am]
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