[Federal Register Volume 84, Number 168 (Thursday, August 29, 2019)]
[Notices]
[Pages 45554-45557]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18645]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 03039133; NRC-2019-0166]
Order Suspending License; APINDE Inc.
AGENCY: Nuclear Regulatory Commission.
ACTION: Order; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an
Order suspending the license of APINDE Inc. (APINDE) located in
Huntington, West Virginia. The NRC has determined that this action is
necessary based on an ongoing review of the circumstances through which
APINDE obtained and subsequently used its NRC license for industrial
radiography. Specifically, the NRC has determined that APINDE submitted
inaccurate information in its initial license application pertaining to
the qualifications for an individual proposed to be the Radiation
Safety Officer (RSO). This resulted in the NRC issuing a license to the
company that was, in part, based on the inaccurate information and in
APINDE maintaining an industrial radiography license without a
qualified RSO. Further, after the initial RSO resigned, and APINDE
submitted an application to amend the license and name a new RSO, the
company submitted inaccurate information pertaining to that individual.
Moreover, the NRC has information indicating that APINDE used its NRC
license to procure a sealed radiography source, and may have allowed
unauthorized access to the source.
As a result, the NRC has lost assurance that APINDE can conduct the
activities authorized under its license in compliance with NRC
regulations and will protect the health and safety of the public. In
accordance with the Order, APINDE must immediately cease all
radiographic operations and return any byproduct material possessed
under the license to locked, safe storage. APINDE shall not receive any
NRC-licensed material while the Order is in effect. APINDE must respond
to the Order within 20 days and specifically admit or deny each
allegation or charge.
DATES: This Order takes effect immediately.
ADDRESSES: Please refer to Docket ID NRC-2019-0166 when contacting the
NRC about the availability of information regarding this document. You
may obtain publicly-available information related to this document
using any of the following methods:
Federal Rulemaking website: Go to https://www.regulations.gov/ and search for Docket ID NRC-2019-0166. Address
questions about NRC docket IDs in Regulations.gov to Jennifer Borges;
telephone: 301-287-9127; email: [email protected]. For technical
questions, contact the individual listed in the FOR FURTHER INFORMATION
CONTACT section of this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly-available documents online in the
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, 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 Order is available in ADAMS under
Accession No. ML19234A068.
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: Anne DeFrancisco, Division of Nuclear
Materials Safety, U.S. Nuclear Regulatory Commission, Region I, 2100
Renaissance Blvd., Suite 100, King of Prussia, PA 19406; telephone:
610-337-5078, email: [email protected].
SUPPLEMENTARY INFORMATION: The text of the Order is attached.
Dated at Rockville, Maryland, this 26th day of August, 2019.
For the Nuclear Regulatory Commission.
George A. Wilson,
Director, Office of Enforcement.
Attachment--Order Suspending License
United States of America Nuclear Regulatory Commission
In the Matter of
Docket No. 03039133
APINDE Inc.
License No. 47-35507-01
Huntington, West Virginia
EA-19-090
Order Suspending License (Effective Immediately)
I
APINDE Inc. (Licensee or APINDE) is the holder of Byproduct
Material License No. 47-35507-01 issued on January 9, 2019, by the U.S.
Nuclear Regulatory Commission (NRC or Commission) pursuant to Part 30
of Title 10 of the Code of Federal Regulations (10 CFR). The license
authorizes possession and use of iridium-192 in sealed sources for use
in industrial radiography operations and depleted uranium for use as
shielding. The Licensee is located in Huntington, West Virginia, but
the license also authorizes the company to perform work at temporary
jobsites in all areas within NRC jurisdiction. The license, originally
issued on January 9, 2019, is due to expire on January 31, 2034.
II
As a result of a current and ongoing review of APINDE's licensed
activities, the NRC identified that information submitted by APINDE in
the license application and in a subsequent license amendment request,
was not complete and accurate in all material respects, which is an
apparent violation of regulatory requirements. Specifically, in an
initial license application dated October 10, 2018 (ML18297A261;
nonpublic because it contains security-related information), \1\ and in
a related correspondence dated November 26, 2018 (ML18347A473;
nonpublic because it contains security-related information), APINDE
submitted inaccurate information about the qualifications for an
individual proposed to be named on the license as the radiation safety
officer (RSO). This resulted in the NRC issuing a license to APINDE
that was based on inaccurate
[[Page 45555]]
information and in APINDE maintaining an industrial radiography license
without a qualified RSO. In a subsequent license amendment request
dated June 12, 2019 (ML19178A216; nonpublic because it contains
security-related information), APINDE requested to name a new RSO on
the license, but again submitted inaccurate information. The NRC has
also determined that APINDE used its NRC license to procure a sealed
radiography source and may have allowed unauthorized access to the
source in apparent violation of NRC regulations.
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\1\ Designation in parentheses refers to an Agency-wide
Documents Access and Management System (ADAMS) accession number.
Unless otherwise noted, documents referenced in this letter are
publicly-available using the accession number in ADAMS.
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Regarding the inaccurate information, NRC regulations (10 CFR
34.13(g)) require applicants for a specific license to use licensed
material in industrial radiography to identify and list the
qualifications of the individual(s) designated as the RSO. As set forth
in 10 CFR 34.42, the minimum qualifications, training, and experience
for the RSO for an industrial radiography license are (1) completion of
the training and testing requirements of 10 CFR 34.43(a); (2) 2000
hours of hands-on experience as a qualified radiographer in industrial
radiographic operations; and (3) formal training in the establishment
and maintenance of a radiation protection program. The NRC can consider
alternatives when the RSO has appropriate training and/or experience in
the field of ionizing radiation, and in addition, has adequate formal
training with respect to the establishment and maintenance of a
radiation safety protection program. Information provided to the
Commission by licensees or applicants for a license must be complete
and accurate in all material respects (10 CFR 30.9(a)).
In its initial license application dated October 10, 2018, and in a
subsequent response to an NRC reviewer's questions dated November 26,
2018, APINDE management attested that the proposed RSO had completed
all required training. However, the NRC determined that the individual
did not complete the required training. On June 12, 2019, following the
resignation of the RSO named on APINDE's license, the Licensee
submitted a license amendment application to the NRC to name a new RSO
on the license. In the license amendment application, APINDE submitted
inaccurate information pertaining to the new proposed RSO.
Regarding the unauthorized possession of and access to a
radiography source, NRC regulations (10 CFR 37.21) require that
licensees shall subject any individual, whose assigned duties require
unescorted access to such material, to an access authorization program
to ensure that the individuals are trustworthy and reliable. The NRC
identified that, in early February 2019, APINDE procured a sealed
radiography source from QSA Global Inc. and that APINDE may have
allowed unauthorized access to the source, in violation of 10 CFR
37.21.
III
Based on the above, the NRC has determined that the Licensee
provided inaccurate information concerning the proposed RSO that
resulted in the NRC issuing a license based, in part, on inaccurate
information. Submission of incomplete and inaccurate information in an
NRC license application that is material to the NRC's decision to grant
a license is grounds for revocation, suspension, or modification of the
license (10 CFR 30.61). Additionally, the NRC has information that the
Licensee used its license to obtain a source containing a significant
quantity of radioactive material and that the Licensee may have
permitted unauthorized access to the source in violation of NRC
regulations. The Commission must be able to rely on its licensees to
provide complete and accurate information and to conduct licensed
operations in a manner that protects public health, safety, and
security.
Consequently, I lack the requisite reasonable assurance that the
Licensee's current operations can be conducted under License No. 47-
35507-01 in compliance with the Commission's requirements and that the
health and safety of the public, including the Licensee's employees,
will be protected. Therefore, the public health, safety, and interest
require that License No. 47-35507-01 be suspended. Furthermore,
pursuant to 10 CFR 2.202, I find that the significance of the
violations and conduct described above is such that the public health,
safety, and interest require that this Order be immediately effective,
and remain in place until the NRC obtains sufficient information to
restore reasonable assurance that the Licensee is capable of safely
conducting licensed activities.
IV
Accordingly, pursuant to Sections 81, 161b., 161i., 182 and 186 of
the Atomic Energy Act of 1954, as amended, and the Commission's
regulations in 10 CFR 2.202 and 10 CFR part 30, it is hereby ordered,
effective immediately, that:
A. The authority to perform radiographic operations under License
No. 47-35507-01 is hereby suspended pending further notice by the NRC.
B. The Licensee shall not receive any NRC-licensed material while
this Order is in effect. If the Licensee currently possesses any NRC-
licensed material, the Licensee shall return it to locked, safe storage
at the Licensee's facilities. All other requirements of the license and
applicable Commission requirements, including those in 10 CFR part 20
remain in effect.
C. All records related to licensed activities shall be maintained
in their current form and must not be altered in any way.
The Director, Office of Enforcement, or designee, may, in writing,
relax or rescind this order upon demonstration by the Licensee of good
cause.
V
In accordance with 10 CFR 2.202, the Licensee must submit an answer
within 20 days of the date of this Order under written oath or
affirmation. The answer shall specifically admit or deny each
allegation or charge made within the Order, and shall set forth matters
of fact and law on which the Licensee relies, and, if the Order is not
consented to, the reasons as to why the Order should not have been
issued. The response should be clearly marked as a ``Reply to Order,
(EA-19-090),'' and sent to the U.S. Nuclear Regulatory Commission,
ATTN: Document Control Desk, Washington, DC 20555-0001 with a copy to
the Regional Administrator, Region I, 2100 Renaissance Boulevard, Suite
100, King of Prussia, PA 19406.
In addition, the Licensee may demand, and any other person
adversely affected by this Order may request a hearing on this Order
within 20 days of its publication in the Federal Register. 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
directed to the Director, Office of Enforcement, U.S. Nuclear
Regulatory Commission, and include a statement of good cause for the
extension.
All documents filed in NRC adjudicatory proceedings, including a
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 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
[[Page 45556]]
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 website 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 website at
http://www.nrc.gov/site-help/e-submittals.html. Participants may
attempt to use other software not listed on the website, 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 EIE, users will be required to install a web
browser plug-in from the NRC website. Further information on the web-
based submission form, including the installation of the Web browser
plug-in, is available on the NRC's public website 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 public website 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 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 agency'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 website 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
https://adams.nrc.gov/ehd, unless excluded pursuant to an order of the
Commission or the presiding officer. If you do not have an NRC-issued
digital ID certificate as described above, click cancel when the link
requests certificates and you will be automatically directed to the
NRC's electronic hearing dockets where you will be able to access any
publicly available documents in a particular hearing docket.
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,
except for limited excerpts that serve the purpose of the adjudicatory
filings and would constitute a Fair Use application, participants are
requested not to include copyrighted materials in their submission.
If a person other than the Licensee 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 licensee or a person whose interest
is adversely affected, the Commission will issue an Order designating
the time and place of any hearings. 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), the Licensee or any other
person adversely affected by this Order, 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
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provisions specified in Section IV above shall be final 20 days from
the date this Order is published in the Federal Register 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.
For the Nuclear Regulatory Commission.
/RA/
George A. Wilson,
Director, Office of Enforcement.
Dated this 22 day of August 2019.
[FR Doc. 2019-18645 Filed 8-28-19; 8:45 am]
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