[Federal Register Volume 79, Number 99 (Thursday, May 22, 2014)]
[Notices]
[Pages 29458-29461]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-11909]
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NUCLEAR REGULATORY COMMISSION
[IA-13-012; NRC-2014-0111]
In the Matter of Armando N. Clavero
AGENCY: Nuclear Regulatory Commission.
ACTION: Order; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an
order prohibiting Mr. Clavero from involvement in NRC-licensed
activities for a period of 3 years. The order also requires Mr. Clavero
to notify the NRC of any current involvement in NRC-licensed activities
and for a period of 1 year after the 3-year period of prohibition has
expired, that he provide a written notice for his acceptance of his
first employment offer involving NRC-licensed activities.
DATES: Effective Date: See attachment.
ADDRESSES: Please refer to Docket ID NRC-2014-0111 when contacting the
NRC about the availability of information regarding this document. You
may access publicly-available information related to this action by the
following methods:
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2014-0111. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: [email protected].
NRC's Agencywide Documents Access and Management System
(ADAMS): You may access publicly available documents online in the NRC
Library at http://www.nrc.gov/reading-rm/adams.html. To begin the
search, select ``ADAMS Public Documents'' and then select ``Begin Web-
based ADAMS Search.'' For problems with ADAMS, please contact the NRC's
Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-
4737, or by email to [email protected]. The ADAMS accession number
for each document referenced in this document (if that document is
available in ADAMS) is provided the first time that a document is
referenced.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT: Thomas Marenchin, Office of
Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001; telephone: 301-415-2979, email: [email protected].
SUPPLEMENTARY INFORMATION: The text of the Order is attached.
Dated at Rockville, Maryland, this 13th day of May 2014.
For the Nuclear Regulatory Commission.
Roy P. Zimmerman,
Director, Office of Enforcement.
Attachment--Order Prohibiting Involvement in NRC Licensed Activities
Order Prohibiting Involvement In NRC-Licensed Activities
I
Armando N. Clavero (Armando Clavero or Mr. Clavero) is employed as
the Chief Technical Officer of University Nuclear and Diagnostics, LLC,
(UND) located in Davie, Florida. University Nuclear and Diagnostics,
LLC, holds an Agreement State license issued by the State of Florida
and was contracted to Bradley D. Bastow (Bastow), who holds U.S.
Nuclear Regulatory Commission (NRC) materials license No. 21-32316-01
issued by the NRC pursuant to 10 CFR Part 30 on April 20, 2001, and
renewed on December 7, 2011. The Florida license authorizes use of
diagnostic nuclear materials in accordance with the conditions
specified therein. Armando Clavero is listed on the Florida license in
Condition 16.A as President. The NRC license to Bastow authorizes the
use of certain diagnostic nuclear materials in accordance with the
conditions specified therein.
II
On February 28, and April 3, 2012, the NRC conducted a special
inspection at the Bastow facility in South Haven, Michigan, with
continued in-office review through May 24, 2012. The details of the
inspection were documented in NRC Inspection Report No. 03035710/
2012001(DNMS) issued to Bastow on December 19, 2012. This document is
available in the NRC's Agencywide Documents Access and Management
System (ADAMS) at accession number ML12356A238. ADAMS is accessible
from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html.
During the inspection, several unresolved items were identified that
required further NRC review. The NRC Office of Investigations (OI)
began an investigation on April 2, 2012 into several of the issues. OI
completed its investigation on January 31, 2013. On April 18, 2013, the
NRC issued letters to Bastow, UND, and Armando Clavero, providing them
with the preliminary results of the investigation and requesting
further input from them through a predecisional enforcement conference,
alternative dispute resolution, or written response. These letters are
available in ADAMS at
[[Page 29459]]
accession numbers ML13108A154, ML13108A148, and ML13109A537. On June
20, 2013, Mr. Clavero and a representative from UND met with the NRC in
predecisional enforcement conferences, together and then in a separate
individual conference. At both conferences a Spanish interpreter was
available to Mr. Clavero if he had difficulty in understanding the
NRC's questions or in expressing an adequate response.
Following the conferences, on July 15, 2013, Armando Clavero
provided the NRC with additional information, received via electronic
and regular mail. This document is available in ADAMS at accession
number ML13109A537. On August 9, 2013, the NRC provided both Mr.
Clavero and UND with letters outlining the information discussed at the
conferences and informing both parties that the NRC was continuing to
evaluate the information. These letters can be found in ADAMS at
accession numbers ML13226A459 for the letter to UND and ML13226A479 for
the letter to Mr. Clavero.
On July 1, 2013, the NRC and Bastow met in an alternative dispute
resolution (ADR) mediation session. The parties reached a preliminary
settlement agreement which was later finalized in a Confirmatory Order
dated September 3, 2013. A copy of the Confirmatory Order to Bastow is
available in ADAMS at accession number ML13241A320.
The NRC also performed additional investigation into the matter of
a second meter as discussed at the June 20, 2013, predecisional
enforcement conference, including conducting additional interviews with
current and former UND employees. This supplemental investigation was
completed on February 4, 2014. A synopsis of the NRC's review into the
issue of whether a second meter existed, and other issues left
unresolved at the conference, was provided to UND with a Notice of
Violation and is available in ADAMS at accession number ML13241A320.
Based on the results of the inspection and investigation, the NRC
determined that, by his deliberate actions, Armando Clavero caused
Bastow to be in violation of NRC requirements by: (1) Deliberately not
calibrating a survey meter yet providing falsified survey instrument
calibration records dated August 13, 2010, and November 10, 2011, and
providing inaccurate information about performing the survey meter
calibration both during the NRC investigation and during the
predecisional enforcement conference; (2) deliberately not performing a
sealed source survey in October or November 2011 and providing
falsified records of a sealed source survey on October 24, 2011, when
there was no survey meter onsite; and (3) deliberately not performing
an annual review on October 24, 2011, and providing a falsified record
of an annual review dated November 24, 2011, containing erroneous
information, including that surveys were performed when a survey meter
was not onsite. Armando Clavero also did not ensure that Bastow's
office had a working survey meter during the nearly eight week period
from October 5, to November 28, 2011, when a UND NMT had sent the
Bastow survey meter to UND for calibration and there was no other
survey meter in Bastow's office. Armando Clavero did not ensure that
records provided to Bastow's office were complete and accurate in all
material respects in that he provided records that were dated one date
but were based off surveys performed on a different date. Additionally,
Armando Clavero, among others, caused UND to be in violation of 10 CFR
30.10.
III
Based on the above, Armando Clavero, an employee of UND and
contractor to NRC licensee Bastow has engaged in deliberate misconduct,
in violation of 10 CFR 30.10, that has caused the NRC licensee to be in
violation of 10 CFR 30.9, 35.24, 35.61, and 35.67, and its license
conditions. Bastow was required to follow those requirements by the
license issued to it pursuant to 10 CFR Part 30 on April 20, 2001, and
renewed on December 7, 2011. The NRC must be able to rely on the
licensee and its contractors to act with integrity and comply with NRC
requirements. Armando Clavero's actions in causing Bastow to violate 10
CFR 30.9, 35.24, 35.61, and 35.67, and its license conditions raised
serious doubt as to whether he can be relied upon to comply with NRC
requirements.
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 Armando Clavero were permitted at this time to be
involved in NRC-licensed activities. Therefore, the public health,
safety and interest require that Armando Clavero be prohibited from any
involvement in NRC-licensed activities for a period of 3 years
effective 30 days from the date of issuance of this Order.
Additionally, Armando Clavero is required to notify the NRC of his
first employment in NRC-licensed activities for a period of 1 year
following the prohibition period.
IV
Accordingly, pursuant to sections 81, 161b, and 161i of the Atomic
Energy Act of 1954, as amended, and the Commission's regulations in 10
CFR 2.202 and 10 CFR 30.10, IT IS hereby ordered that:
1. Armando N. Clavero is prohibited for 3 years from engaging in,
supervising, directing, or in any other way conducting NRC-licensed
activities, including participating in or overseeing contracted
activities for NRC licensees. 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 in the NRC's jurisdiction pursuant
to the authority granted by 10 CFR 150.20. This also includes ownership
of NRC-licensed material located within NRC jurisdiction.
2. If Armando N. Clavero is currently involved with any licensee in
NRC-licensed activities, then he must 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. For a period of 1 year after the 3 year period of prohibition
has expired, Armando N. Clavero shall, 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 20555-0001, of the name,
address, and telephone number of the employer or the entity where he
is, or will be, involved in the NRC-licensed activities. In the
notification, Armando N. Clavero shall include a statement of his
commitment to compliance with regulatory requirements, including
providing complete and accurate information, and the basis why the
Commission should have confidence that he will now comply with
applicable NRC requirements.
The above provisions are effective 30 days from the date of
issuance of this Order.
The Director, Office of Enforcement, or designee, may, in writing,
relax or rescind any of the above conditions upon demonstration by
Armando N. Clavero of good cause.
V
In accordance with 10 CFR 2.202, Armando Clavero must submit a
written answer to this Order under oath or
[[Page 29460]]
affirmation within 30 days of issuance of this order. Armando Clavero's
failure to respond to this Order could result in additional enforcement
action in accordance with the Commission's Enforcement Policy. Any
other person adversely affected by this Order may submit a written
answer to this Order within 30 days of issuance. In addition, Armando
Clavero may demand, and any other person adversely affected by this
Order may request, a hearing on this Order within 30 days of issuance.
Where good cause is shown, consideration will be given to extending the
time to answer or 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 20555-001, and include a
statement of good cause for the extension.
All documents filed in NRC adjudicatory proceedings, including a
demand or request for hearing, a petition for leave to intervene, any
motion or other document filed in the proceeding prior to the
submission of a request for hearing or petition to intervene, and
documents filed by interested governmental entities participating under
10 CFR 2.315(c), must be filed in accordance with the NRC's E-Filing
rule (72 FR 49139; August 28, 2007), as amended by 77 FR 46562; August
3, 2012 (codified in pertinent part at 10 CFR Part 2, Subpart C). The
E-Filing process requires participants to submit and serve all
adjudicatory documents over the internet, or in some cases to mail
copies on electronic storage media. Participants may not submit paper
copies of their filings unless they seek an exemption in accordance
with the procedures described below.
To comply with the procedural requirements of E-Filing, at least 10
days prior to the filing deadline, the participant should contact the
Office of the Secretary by email at [email protected], or by
telephone at 301-415-1677, to request (1) a digital (ID) certificate,
which allows the participant (or its counsel or representative) to
digitally sign documents and access the E-Submittal server for any
proceeding in which it is participating; and (2) advise the Secretary
that the participant will be submitting a request or petition for
hearing (even in instances in which the participant, or its counsel or
representative, already holds an NRC-issued digital ID certificate).
Based upon this information, the Secretary will establish an electronic
docket for the hearing in this proceeding if the Secretary has not
already established an electronic docket.
Information about applying for a digital ID certificate is
available on NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/apply-certificates.html. System requirements for accessing
the E-Submittal server are detailed in NRC's ``Guidance for Electronic
Submission,'' which is available on the agency's public Web site at
http://www.nrc.gov/site-help/e-submittals.html. Participants may
attempt to use other software not listed on the Web site, but should
note that the NRC's E-Filing system does not support unlisted software,
and the NRC Meta System Help Desk will not be able to offer assistance
in using unlisted software.
If a participant is electronically submitting a document to the NRC
in accordance with the E Filing rule, the participant must file the
document using the NRC's online, Web-based submission form. In order to
serve documents through Electronic Information Exchange (EIE), users
will be required to install a Web browser plug-in from the NRC Web
site. Further information on the Web-based submission form, including
the installation of the Web browser plug-in, is available on the NRC's
public Web site at http://www.nrc.gov/site-help/e-submittals.html.
Once a participant has obtained a digital ID certificate and a
docket has been created, the participant can then submit a request for
hearing or petition for leave to intervene through the EIE. Submissions
should be in Portable Document Format (PDF) in accordance with NRC
guidance available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the
time the documents are submitted through the NRC's E-Filing system. To
be timely, an electronic filing must be submitted to the E-Filing
system no later than 11:59 p.m. Eastern Time (ET) on the due date. Upon
receipt of a transmission, the E-Filing system time-stamps the document
and sends the submitter an email notice confirming receipt of the
document. The E-Filing system also distributes an email notice that
provides access to the document to the NRC's Office of the General
Counsel and any others who have advised the Office of the Secretary
that they wish to participate in the proceeding, so that the filer need
not serve the documents on those participants separately. Therefore,
any others who wish to participate in the proceeding (or their counsel
or representative) must apply for and receive a digital ID certificate
before a hearing request/petition to intervene is filed so that they
can obtain access to the document via the E-Filing system.
A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System
Help Desk through the ``Contact Us'' link located on the NRC's Web site
at http://www.nrc.gov/site-help/e-submittals.html, by email at
[email protected], or by a toll-free call at (866) 672-7640. The
NRC Meta System Help Desk is available between 8 a.m. and 8 p.m., ET,
Monday through Friday, excluding government holidays.
Participants who believe that they have a good cause for not
submitting documents electronically must file an exemption request, in
accordance with 10 CFR 2.302(g), with their initial paper filing
requesting authorization to continue to submit documents in paper
format. Such filings must be submitted by: (1) First class mail
addressed to the Office of the Secretary of the Commission, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention:
Rulemaking and Adjudications Staff; or (2) courier, express mail, or
expedited delivery service to the Office of the Secretary, Sixteenth
Floor, One White Flint North, 11555 Rockville Pike, Rockville,
Maryland, 20852, Attention: Rulemaking and Adjudications Staff.
Participants filing a document in this manner are responsible for
serving the document on all other participants. Filing is considered
complete by first-class mail as of the time of deposit in the mail, or
by courier, express mail, or expedited delivery service upon depositing
the document with the provider of the service. A presiding officer,
having granted an exemption request from using E-Filing, may require a
participant or party to use E-Filing if the presiding officer
subsequently determines that the reason for granting the exemption from
use of E-Filing no longer exists.
Documents submitted in adjudicatory proceedings will appear in the
NRC's electronic hearing docket, which is available to the public at
http://ehd1.nrc.gov/ehd/, unless excluded pursuant to an order of the
Commission or the presiding officer. Participants are requested not to
include personal privacy information, such as social security numbers,
home addresses, or home phone numbers in their filings, unless an NRC
regulation or other law requires submission of such information. With
respect to copyrighted works, participants are requested not to include
copyrighted
[[Page 29461]]
materials in their submission, except for limited excerpts that serve
the purpose of the adjudicatory filings and would constitute a Fair Use
application.
If a person other than Armando Clavero 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 demanded by Mr. Clavero or requested by a person
whose interest is adversely affected, the Commission will issue an
Order designating the time and place of any hearings, as appropriate.
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 IV
above shall be effective and final 30 days from the date this Order is
issued 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.
Dated at Rockville, Maryland, this 13th day of May 2014.
For the Nuclear Regulatory Commission.
Roy P. Zimmerman,
Director, Office of Enforcement.
[FR Doc. 2014-11909 Filed 5-21-14; 8:45 am]
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