[Federal Register Volume 79, Number 110 (Monday, June 9, 2014)]
[Pages 33005-33006]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-13360]

[[Page 33005]]



[Docket No. 030-38594; NRC-2013-0250]


AGENCY: Nuclear Regulatory Commission.

ACTION: Director's Decision; issuance.


SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is giving notice 
that the Director of the Office of Federal and State Materials and 
Environmental Management Programs (FSME) has issued a Director's 
Decision with regard to a petition dated August 10, 2013, filed by 
George Walther-Meade (the petitioner).

DATES: Effective date: May 27, 2014.

ADDRESSES: Please refer to Docket ID NRC-2013-0250 when contacting the 
NRC about the availability of information regarding this document. You 
may access information related to this document, which the NRC 
possesses and is publicly available, using the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2013-0250. 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 notice (if that document is 
available in ADAMS) is provided the first time that a document is 
     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: Hector Rodriguez-Luccioni, Office of 
Federal and State Materials and Environmental Management Programs, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-001; telephone: 
301-415-6004; email: [email protected].

SUPPLEMENTARY INFORMATION: Notice is hereby given that the Director, 
Office of Federal and State Materials and Environmental Management 
Programs, has issued a Director's Decision with regard to a petition 
dated August 10, 2013 (ADAMS Accession No. ML13226A020), filed by 
George Walther-Meade.
    The petition requested immediate enforcement action by issuing an 
order to revoke CSMI's License No. 20-35022-01. The petitioner also 
requested that a public meeting be held to discuss this matter in the 
Washington, DC area.
    As the basis for this request, the petitioner stated that the 
Licensee has committed willful violations involving falsification of 
information that are of particular concern because the NRC's regulatory 
program is based on licensees acting with integrity and communicating 
with candor.
    The petition of August 10, 2013, raises concerns about potential 
misrepresentation made by the licensee, which form the basis for the 
petition, can be summarized as follow:
     In the cover letter to its license application dated 
December 3, 2012, CSMI stated that they have provided installation, 
transportation, and maintenance services related to the radiological 
safety of SAIC Vehicle and Cargo Inspection System (VACIS) for 10 years 
as a subcontractor. However, according to the petitioner, SAIC, has 
only been operating the VACIS system for the U.S. Government since 2006 
(a period of less than 10 Years).
     Three of the petitioner's concerns involved training that 
CSMI stated their employees had received form SAIC. CSMI stated that 
Mr. Roberto Bhaday, their Radiation Safety Officer (RSO), received 40 
hours of SAIC Field Service Representative radiation safety training in 
January 2005 in San Diego, California. Additionally, CSMI stated that 
their staff attended 80 hours of Initial Field Service Representative 
technical training in January 2005, at SAIC's facility in Rancho San 
Bernardo, California. However, the petitioner stated that SAIC did not 
provided training to Mr. Bhaday or any CSMI staff.
     Two of the petitioner's concerns involved communication 
with SAIC for maintenance and emergency support. CSMI stated that their 
service personnel will adhere to the strict guidelines provided by SAIC 
(e.g., maintenance procedure) and that SAIC will be consulted 
immediately in the case of an emergency. However, the petitioner stated 
that the licensee does not have access to current guidelines and 
procedures nor is there any vehicle to consult SAIC in case of an 
     CSMI stated that radiation safety training is supervised 
by an RSO-qualified representative of the system manufacturer and that 
all radiation safety training materials are provided by the system 
manufacturer. However, the petitioner stated that no such agreement 
exists, nor is there evidence to support this claim.
     CSMI stated that leak analysis will be the responsibility 
of the manufacturer. However, the petitioner stated that no such 
agreement exists, nor is there evidence to support the licensee's 
     In telephone conversations with the NRC, CSMI stated that 
Mr. Michael Hartnett would be named RSO with Mr. Bhaday as back-up and 
that Mr. Hartnett was scheduled for RSO training in mid-February. 
However, the petitioner stated that Mr. Bhaday is no longer with CSMI 
and Mr. Christopher Knox has since been appointed RSO.
     The petitioner stated that Messers. Knox, Hartnett, and 
Bhaday have not received training by the petitioner as implied in the 
license application and correspondence.
    On September 10, 2013, the petitioner and the licensee met with the 
staff's petition review board during a public meeting. The meeting gave 
the petitioner and the licensee an opportunity to provide additional 
information and to clarify issues raised in the petition. The 
transcript of this meeting was treated as a supplement to the petition 
(ADAMS Accession No. ML13263A388).
    The NRC sent a copy of the proposed Director's Decision to the 
petitioner and to CSMI for comment on February 28, 2014. The petitioner 
responded with comments on April 4, 2014 (ADAMS Accession No. 
ML14101A127) and CSMI responded with no comments on March 26, 2014. The 
comments and the NRC staff's response to them are included in the 
Director's Decision.
    The Director of FSME has determined that the request, to revoke 
CSMI License Number 20-35022-01, be denied. The reasons for this 
decision are explained in the Director's Decision pursuant to Title 10 
of Code of Federal Regulations (10 CFR) 2.206 (DD-14-04, ADAMS 
Accession No. ML14128A277).
    The NRC staff has not substantiated the petitioner's concern that 
CSMI has committed a willful violation involving falsification of 
information. Additionally the staff has not identified any safety basis 
for revoking or suspending CSMI's license.
    A copy of the Director's Decision will be filed with the Secretary 
of the Commission for the Commission's review in accordance with 10 CFR 
2.206 of the Commission's regulations. As provided for by this 
regulation, the

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Director's Decision will constitute the final action of the Commission 
25 days after the date of the Decision, unless the Commission, on its 
own motion, institutes a review of the Director's Decision in that 

    Dated at Rockville, Maryland, this 27th day of May 2014.

    For the Nuclear Regulatory Commission.
Brian E. Holian,
Acting Director, Office of Federal and State Materials and 
Environmental Management Programs.
[FR Doc. 2014-13360 Filed 6-6-14; 8:45 am]