ML20029E413
| ML20029E413 | |
| Person / Time | |
|---|---|
| Issue date: | 05/13/1994 |
| From: | Lieberman J NRC OFFICE OF ENFORCEMENT (OE) |
| To: | Molloy T AFFILIATION NOT ASSIGNED |
| References | |
| EA-93-253, NUDOCS 9405180258 | |
| Download: ML20029E413 (3) | |
See also: IR 015000004/1993010
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UNITED STATES
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NUCLEAR REGULATORY COMMISSION
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WASHINGTON, D.C. 20555-0001
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MM 13 1994
EA 93-253
Mr. Terry Molloy
HOME ADDRESS DELETED
UNDER 10 CFR 2.790
Dear Mr. Molloy:
SUBJECT:
RESPONSE TO DEMAND FOR INFORMATION
(NRC Inspection Report No. 15000004/93-10)
We have reviewed your response to the November 5, 1993 Demand for Information.
Based on your response we have decided that no further enforcement action is
warranted at this time.
However, as a senior radiographer, you should clearly
understand your responsibilities of supervising your assistants, you should
ensure that any assistant with which you work wears an alarm ratemeter, and
performs a complete and adequate survey during radiographic operations.
Compliance with these requirements affords a significant level of protection-
from the radiological hazards of performing radiography.
In addition, should
you have any questions concerning your responsibilities when conducting
radiographic operations, the NRC expects that you will contact and obtain the
necessary guidance from your management.
As a result of your actions, a Notice of Violation (Notice) was issued on
November 5, 1993 to Richardson X-Ray, Inc. because as the license holder,
Richardson X-Ray, Inc. is responsible for the licensed material and how it is
used. However, by the definition stated in 10 CFR 34.2, as a radiographer you
are responsible to Richardson X-Ray, Inc. for assuring compliance with the
requirements of the Commission's regulations and the conditions of the
license.
The NRC expects no less than full compliance with all applicable regulatory
requirements, and willful disregard for those requirements is not tolerated.
We again remind you that on September 16, 1991, the NRC revised its
regulations to allow the issuance of orders and other civil sanctions to be
taken directly against unlicensed persons who, through their deliberate
misconduct, cause a licensee to be in violation of NRC requirements.
For
example, an order may be issued tu an individual preventing him or her from
engaging in any NRC licensed activities.
Similar failure to exercise your responsibilities in the future could result
in more significant enforcement action against you as provided in 10 CFR 2.202
and 10 CFR 30.10 (Enclosure 1).
Any deliberate misconduct includes an
intentional act or omission that the person knows constitutes a violation of a
requirement, procedure, or training instruction (10 CFR 30.10(c)). A
i
violation of 10 CFR 30.10 may also lead to criminal prosecution,
9405180258 940513
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Mr Terry Molloy
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Questions concerning this letter should be addressed to Ms. Patricia Santiago,
Assistant Director for Materials, Office of Enforcement, who can be reached at
(301) 504-3055.
In accordance with 10 CFR 2.790 of the NRC's " Rules of Practice," a copy of
this letter and its enclosures will be placed in the NRC's Public Document
Room.
A copy of our Demand for Information, your response, and this letter with your
address deleted will be placed in the Public Document Room.
Sincerely,
p
ames Lieberman, Director
ffice of Enforcement
Enclosure:
Copy of the
Deliberate Misconduct Rule
cc:
J. Callan, RIV
F. Wenslawski, WCF0
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JLieberman, OE
LCallan, RIV
KPerkins, WCF0
LChandler, OGC
JGoldberg, 0GC
RBernero, NMSS
CPaperiello, NMS5
Enforcement C'cordinators
RI, RII, RIII, RIV
FIngram, GPA/PA
DWilliams, OlG
BHayes, 01
EJordan, AE0D
PLohaus, OSP
GCant, OE
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Inspection File
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