Information Notice 1998-06, Unauthorized Use of License to Obtain Radioactive Materials, and Its Implication Under the Expanded Title 18 of the U.S. Code

Unauthorized Use of License to Obtain Radioactive Materials, and Its Implication Under the Expanded Title 18 of the U.S. Code

ML031050284
Person / Time
Site:	Beaver Valley, Millstone, Hatch, Monticello, Calvert Cliffs, Dresden, Davis Besse, Peach Bottom, Browns Ferry, Salem, Oconee, Mcguire, Nine Mile Point, Palisades, Palo Verde, Perry, Indian Point, Fermi, Kewaunee, Catawba, Harris, Wolf Creek, Saint Lucie, Point Beach, Oyster Creek, Watts Bar, Hope Creek, Grand Gulf, Cooper, Sequoyah, Byron, Pilgrim, Arkansas Nuclear, Three Mile Island, Braidwood, Susquehanna, Summer, Prairie Island, Columbia, Seabrook, Brunswick, Surry, Limerick, North Anna, Turkey Point, River Bend, Vermont Yankee, Crystal River, Haddam Neck, Ginna, Diablo Canyon, Callaway, Vogtle, Waterford, Duane Arnold, Farley, Robinson, Clinton, South Texas, San Onofre, Cook, Comanche Peak, Yankee Rowe, Maine Yankee, Quad Cities, Humboldt Bay, La Crosse, Big Rock Point, Rancho Seco, Zion, Midland, Bellefonte, Fort Calhoun, FitzPatrick, McGuire, LaSalle, Fort Saint Vrain, Shoreham, Satsop, Trojan, Atlantic Nuclear Power Plant
Issue date:	02/19/1998
From:	Roe J, Teneyck E NRC/NMSS/FCSS, Office of Nuclear Reactor Regulation
To:
References
IN-98-006, NUDOCS 9802180052
Download: ML031050284 (10)

UNITED STATES

NUCLEAR REGULATORY COMMISSION

OFFICE OF NUCLEAR REACTOR REGULATION

WASHINGTON, D.C. 20555-0001 February 19, 1998 NRC INFORMATION NOTICE 98-06: UNAUTHORIZED USE OF LICENSE TO OBTAIN

RADIOACTIVE MATERIALS, AND ITS IMPLICATIONS

UNDER THE EXPANDED TITLE 18 OF THE U.S. CODE

Addressees

All NRC licensees authorized to possess licensed material.

Purpose

The U.S. Nuclear Regulatory Commission (NRC) is issuing this information notice to alert

addressees to an incident involving unauthorized use of a broad-scope academic medical license

to obtain radioactive materials and the subsequent criminal investigation of the incident under

revised Title 18 of the U.S. Code. It is expected that recipients will review the information for

applicability to their facilities and consider actions, as appropriate, to avoid similar problems.

However, suggestions contained in this information notice are not NRC requirements, and no

specific action or written response is required.

Description of Circumstances

An unauthorized individual, who presented himself as an author doing research and as a guest of

the institution, asked a staff member of the institution's radiation safety office for the institution's

broad-scope academic medical license so that he could examine it. Apparently, the individual

made a copy of part of the license and used it to order at least 2 radioactive sources (74 to

185 mega-becquerels [2 to 5 millicuries] of cadmium-109 and 185 mega-becquerels

[5 millicuries] of sodium-22) from a broker. The unauthorized individual apparently waited for the

delivery truck and took possession of the first source when it was delivered. The individual has

indicated that the first source was transported to a foreign country by an associate. When the

second source was delivered, an institution staff member observed the radioactive label and told

the individual he must take the package to the radiation safety officer (RSO) for processing.

After the individual took the second source to the RSO, the RSO became suspicious and the

unauthorized purchases were detected. It was subsequently determined that the individual had a

history of criminal activity. As a result of his unauthorized use of the institution's license, the

individual was arrested and charged with one count of wire fraud and four counts under the

revised Title 18 of the U.S. Code, Chapter 39, "Explosives and Other Dangerous Articles,"

Section 831, "Prohibited Transactions Involving Nuclear Materials." Section 831 provides, in

part, punishment for whoever without lawful authority, intentionally receives, possesses, uses, transfers, alters, disposes of, or disperses any nuclear material or nuclear byproduct material

(emphasis added), or for whoever with intent to deprive another of nuclear material or nuclear

byproduct material, knowingly makes an unauthorized use, disposition, or transfer, of nuclear

material or nuclear byproduct material belonging to another, or uses fraud and thereby obtains -

nuclear material or nuclear byproduct material belonging to another.

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'-"February 19, 1998 Discussion

Although licenses issued by the NRC and Agreement States are not protected as classified or

Safeguards Information, or by physical protection measures, the above incident identifies a clear

need to be sensitive to potentially inappropriate uses being made of their materials licenses. The

incident described above did not present a threat to public health and safety, but raises concerns

and highlights an important point regarding the criminal use of radioactive materials. Section 831 of Chapter 39 of Title 18 of the U.S. Code represents a significant expansion of Federal Bureau

of Investigation jurisdiction to initiate criminal investigations and pursue prosecutions when

radioactive materials are involved. The above-cited incident called for the use of this newly

expanded jurisdiction.

Addressees

should be aware that licenses and radioactive materials could be intentionally used

in an unauthorized manner that could lead to serious consequences and could result in

prosecution under Federal criminal law.

This information notice requires no specific action or written response. If you have any questions

about the information in this notice, please contact the technical contact listed below.

orig /s/'d by orig /s/'d by

Elizabeth Q. Ten Eyck, Director Jack W. Roe, Acting Director

Division of Fuel Cycle Safety Division of Reactor Program Management

and Safeguards Office of Nuclear Reactor Regulation

Office of Nuclear Material Safety

and Safeguards

Technical contact: John Davidson, NMSS

(301) 415-8130

E-Mail: ijd@nrc.gov

Attachments:

1. List of Recently Issued NMSS Information Notices

2. List of Recently Issued NRC Information Notices

• See Previous Concurrence

Tech Editor has reviewed and concurred on 10/3197 To receive a copy of this document, indicate in the box C=Copy w/o attachment/enclosure E=Copy with

attachment/enclosure N = No copy

1vW-W4 IRA1MT NIAIAME- S- PM S nC\9R6

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. .ttachment 1 IN 98-06 January 19, 1998 LIST OF RECENTLY ISSUED

NMSS INFORMATION NOTICES

Information Date of

Notice No. Subject Issuance Issued to

98-04 1997 Enforcement Sanctions for 2/9/98 All U.S. Nuclear Regulatory

Deliberate Violations of NRC Commission licensees.

Employee Protection

Requirements

98-01 Thefts of Portable Gauges 1/15/98 All portable gauge licensees

97-91 Recent Failures of Control 12/31/97 All industrial radiography

Cables Used on Amersham licensees

Model 660 Posilock Radiography

Systems

97-89 Distribution of Sources and 12/29/97 All sealed source and device

Devices Without Authorization manufacturers and distributors

97-87 Second Retrofit to Industrial 12112/97 All industrial radiography

Nuclear Company IR100 licensees

Radiography Camera, to

Correct Inconsistency in

10 CFR Part 34 Compatibility

97-86 Additional Controls for Transport 12/12/97 Registered users of the Model

of the Amersham Model No. 660 No. 660 series packages, and

Series Radiographic Exposure Nuclear Regulatory Commission

Devices industrial radiography licensees

97-75 Enforcement Sanctions Issued 09/24/97 All U.S. Nuclear Regulatory

as a Result of Deliberate Commission licensees

Violations of NRC Requirements

97-72 Potential for Failure 09/22/97 All holders of OLs or CPs

of the Omega Series for nuclear power reactors

Sprinkler Heads and fuel cycle facilities

97-65 Failures of High-Dose- 08/15/97 All high-dose-rate remote

Rate Remote Afterloading afterloader licensees

Device Source Guide Tubes, Catheters, and Applicators

Attachment

IN 98-06 February 19, 1998 LIST OF RECENTLY ISSUED

NRC INFORMATION NOTICES

Information Date of

Notice No. Subject Issuance Issued to

97-45.

--

SuDD.

-- rr -

I Environmental Qualification 2117/98 All holders of operating

-

Deficiency for Cables and licenses for nuclear power

Containment Penetration reactors except those licensees

Pigtails who have permanently ceased

operations and have certified that

the fuel has been permanently

removed from the reactor vessel.

98-05 Criminal History Record 2/11/98 All holders of operating

Information licenses for power reactors

98-04 1997 Enforcement Sanctions for 2/9/98 All U.S. Nuclear Regulatory

deliberate Violations of NRC Commission licensees

Employee Protection requirements

98-03 Inadequate Verification of 1/21/98 All holders of operating licenses

Overcurrent Trip Setpoints in for nuclear power reactors

Metal-Clad, Low-Voltage

Circuit Breakers

98-02 Nuclear Power Plant Cold 1/21/98 All holders of operating licenses

Weather Problems and for nuclear power reactors

Protective Measures

98-01 Thefts of Portable Gauges 1/15/98 All portable gauge licensees

97-91 Recent Failures of Control 12/31/97 All industrial radiography

Cables Used on Amersham licensees

Model 660 Posilock Radiography

Systems

97-90 Use of Nonconservative 12/30197 All holders of OLs for nuclear

Acceptance Criteria in power reactors except those

Safety-Related Pump who have ceased operations

Surveillance Tests and have certified that fuel has

been permanently removed from

the vessel

97-89 Distribution of Sources and 12/29/97 All sealed source and device

Devices Without Authorization manufacturers and distributors

OL = Operating License

CP = Construction Permit

$"Sachment1 IN 98-06 January 19, 1998 LIST OF RECENTLY ISSUED

NMSS INFORMATION NOTICES

Information Date of

Notice No. Subject Issuance Issued to

98-04 1997 Enforcement Sanctions for 2/9/98 All U.S. Nuclear Regulatory

Deliberate Violations of NRC Commission licensees.

Employee Protection

Requirements

98-01 Thefts of Portable Gauges 1/15/98 All portable gauge licensees

97-91 Recent Failures of Control 12/31/97 All industrial radiography

Cables Used on Amersham licensees

Model 660 Posilock Radiography

Systems

97-89 Distribution of Sources and 12/29/97 All sealed source and device

Devices Without Authorization manufacturers and distributors

97-87 Second Retrofit to Industrial 12/12/97 All industrial radiography

Nuclear Company IR100 licensees

Radiography Camera, to

Correct Inconsistency in

10 CFR Part 34 Compatibility

97-86 Additional Controls for Transport 12/12/97 Registered users of the Model

of the Amersham Model No. 660 No. 660 series packages, and

Series Radiographic Exposure Nuclear Regulatory Commission

Devices industrial radiography licensees

97-75 Enforcement Sanctions Issued 09/24/97 All U.S. Nuclear Regulatory

as a Result of Deliberate Commission licensees

Violations of NRC Requirements

97-72 Potential for Failure 09/22/97 All holders of OLs or CPs

of the Omega Series for nuclear power reactors

Sprinkler Heads and fuel cycle facilities

97-65 Failures of High-Dose- 08/15/97 All high-dose-rate remote

Rate Remote Afterloading afterloader licensees

Device Source Guide Tubes, Catheters, and Applicators

- Attachment

IN 98-06 February 19, 1998 LIST OF RECENTLY ISSUED

NRC INFORMATION NOTICES

Information Date of

Notice No. Subject Issuance Issued to

97-45, Supp. 1 Environmental Qualification 2117198 All holders of operating

Deficiency for Cables and licenses Tor nuclear power

Containment Penetration reactors except those licensees

Pigtails who have permanently ceased

operations and have certified that

the fuel has been permanently

removed from the reactor vessel.

98-05 Criminal History Record 2/11/98 All holders of operating

Information licenses for power reactors

98-04 1997 Enforcement Sanctions for 2/9198 All U.S. Nuclear Regulatory

deliberate Violations of NRC Commission licensees

Employee Protection requirements

98-03 Inadequate Verification of 1/21/98 All holders of operating licenses

Overcurrent Trip Setpoints in for nuclear power reactors

Metal-Clad, Low-Voltage

Circuit Breakers

98-02 Nuclear Power Plant Cold 1/21/98 All holders of operating licenses

Weather Problems and for nuclear power reactors

Protective Measures

98-01 Thefts of Portable Gauges 1/15/98 All portable gauge licensees

97-91 Recent Failures of Control 12/31/97 All industrial radiography

Cables Used on Amersham licensees

Model 660 Posilock Radiography

Systems

97-90 Use of Nonconservative 12/30/97 All holders of OLs for nuclear

Acceptance Criteria in power reactors except those

Safety-Related Pump who have ceased operations

Surveillance Tests and have certified that fuel has

been permanently removed from

the vessel

97-89 Distribution of Sources and 12/29/97 All sealed source and device

Devices Without Authorization manufacturers and distributors

OL = Operating License

CP = Construction Permit

IN 98-06

...-February 19, 1998 Discussion

Although licenses issued by the NRC and Agreement States are not protected as classified or

Safeguards Information, or by physical protection measures, the above incident Identifies a clear

need to be sensitive to potentially inappropriate uses being made of their materials licenses. The

incident described above did not present a threat to public health and safety, but raises concerns

and highlights an important point regarding the criminal use of radioactive materials. Section 831 of Chapter 39 of Title 18 of the U.S. Code represents a significant expansion of Federal Bureau

of Investigation jurisdiction to Initiate criminal Investigations and pursue prosecutions when

radioactive materials are involved. The above-cited incident called for the use of this newly

expanded jurisdiction.

Addressees

should be aware that licenses and radioactive materials could be intentionally used

in an unauthorized manner that could lead to serious consequences and could result in

prosecution under Federal criminal law.

This information notice requires no specific action or written response. If you have any questions

about the information in this notice, please contact the technical contact listed below.

orig /s/'d by crig /s/'d by

Elizabeth Q. Ten Eyck, Director Jack W. Roe, Acting Director

Division of Fuel Cycle Safety Division of Reactor Program Management

and Safeguards Office of Nuclear Reactor Regulation

Office of Nuclear Material Safety

and Safeguards

Technical contact: John Davidson, NMSS

(301) 415-8130

E-Mail: jjd@nrc.gov

Attachments:

1. List of Recently Issued NMSS Information Notices

2. List of Recently Issued NRC Information Notices

• See Previous Concurrence

Tech Editor has reviewed and concurred on 1013/97 To receive a copy of this document, indicate in the box C=Copy who attachment/enclosure E=Copy with

attachment/enclosure N = No copy

DOCUMENT NAME: S:1DRPM-SEC\98-06.IN_

l OFFICE Tech Editor lI l FCOB:FCSS I l CFCOB:FCSS lI D/FCSS l DIMNS I

NAME EKraus,NMSS/NRR* JJDavidson* PTing* EQTen Eyck* DACooI*

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NAME CLMiller* KRamsey* RFonner * SRichards* JRoe*

DATE 10/10/97 1/20/98 10/20/98 2/10/98 2/11/98

11 OFFICIAL RECORD COPY

IN98-06

'~-Aebruary 19, 1998 Discussion

Although licenses Issued by the NRC and Agreement States are not protected as classified or

Safeguards Information, or by physical protection measures, the above Incident identifies a clear

need to be sensitive to potentially inappropriate uses being made of their materials licenses. The

incident described above did not present a threat to public health and safety, but raises concerns

and highlights an important point regarding the criminal use of radioactive materials. Section 831 of Chapter 39 of Title 18 of the U.S. Code represents a significant expansion of Federal Bureau

of Investigation jurisdiction to initiate criminal investigations and pursue prosecutions when

radioactive materials are involved. The above-cited incident called for the use of this newly

expanded jurisdiction.

Addressees

should be aware that licenses and radioactive materials could be intentionally used

in an unauthorized manner that could lead to serious consequences and could result in

prosecution under Federal criminal law.

This information notice requires no specific action or written response. If you have any questions

about the information in this notice, please contact the technical contact listed below.

Elizabeth Q. Ten Eyck, Director Jack W. Roe, Acting Director

Division of Fuel Cycle Safety Division of Reactor Program Management

and Safeguards Office of Nuclear Reactor Regulation

Office of Nuclear Material Safety

and Safeguards

Technical contact: John Davidson, NMSS

(301) 415-8130

E-Mail: bd~nrc.gov

Attachments:

1. List of Recently Issued NMSS Information Notices

2. List of Recently Issued NRC Information Notices

• See Previous Concurrence

To receive a copy of this document, indicate in the box C=Copy w/o attachment/enclosure E=Copy with

attachmentfenclosure N = No copy

OFFICE Tech Editor I FCOB:FCSS I - CWCOB:FCSS Ill DIFCSSE I K_ 1IMNS I

[ NAME

DATE

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NAME l CLMiller* KRamsey* RFonner* SRichards* JRoe*

DATE 10/10/97 1/20198 10/20/98 2/10/98 2/11/98 I

OFFICIAL RECORD COPY

IN 98-XX

'r ..iebruary XX, 1998 Discussion

Although licenses Issued by the NRC and Agreement States ate nbt protected as classified or

Safeguards Information, or by physical protection measures, the above Incident identifies a clear

need to be sensitive to potentially inappropriate uses being made of their materials licenses. The

incident described above did not present a threat to public health and safety, but raises concerns

and highlights an important point regarding the criminal use of radioactive materials. Section 831 of Chapter 39 of Title 18 of the U.S. Code represents a significant expansion of Federal Bureau

of Investigation jurisdiction to initiate criminal investigations and pursue prosecutions when

radioactive materials are involved. The above-cited incident called for the use of this newly

expanded jurisdiction.

Addressees

should be aware that licenses and radioactive materials could be intentionally used

in an unauthorized manner that could lead to serious consequences and could result In

prosecution under Federal criminal law.

This information notice requires no specific action or written response. If you have any questions

about the information in this notice, please contact the technical contact listed below.

Elizabeth Q. Ten Eyck, Director Jack W. Roe, Acting Director

Division of Fuel Cycle Safety Division of Reactor Program Management

and Safeguards Office of Nuclear Reactor Regulation

Office of Nuclear Material Safety

and Safeguards

Technical contact: John Davidson, NMSS

(301) 415-8130

E-Mail: jJd@nrc.Qov

Attachment: List of Recently Issued NRC Information Notices

• See Previous Concurrence

To receive a copy of this document, indicate in the box C=Copy w/o attachment/enclosure E=Copy with

attachmentlenclosure N = No copy

OFFICE Tech Editor I FCOB C/FCOB:FCSS l[FCSS D/IMNS

NAME EKraus,NMSS/NRR* JJDavidson PTing EQTen Eyck DACoo1*

DAT 10/ 3 /97/10/20197 1/14198 g//198 I /98 1/15/98 OFFICE C/PERB/DRPM l IMOB l OGC l C:PECBl

NAME CLMiller* KRamsey* RFonner* SRichard s

DATE 10/10/97 1/20/98 10/20198 21/0/98 2Y498 OFFICIAL RECORD COPY

CONCURRENCE PAGE FOR: NRC INFORI&ATION NOTICE 98-XX: UNAUTHOFIZ-1D USE OF LICENSE TO

OBTAIN RADIOACTIVE MATERIALS, AND ITS IMPLICATIONS UNDER THE EXPANDED TITLE 18 OF THE U.S.

CODE

To receive a copy of this document hidicate in the box C=Copy wlo attachmentlenclosure E=Copy with attachmentlenclosure N = No copy

OFFICE Tech Editor F :FC S CIFCOB:FCSS 4&FCSS I/

NAME EKrausNMSSlNRR JJDavidson?> PTin cYT EQTen Ey4 DATE 10/13197/10120197 / 198 r , /98 I/I98 j

OFFICE DIIMW/, _l CIPERB/DRPM l IMOB OGC

NAME 11 CMier4 KRamsey RFonner $, -

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DLAITE (8- t 10/10/97 I[JV98________

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NAME SARichards JWRoe .

DATE I I /98 /98 OFFICIAL RECORD COPY