ML20099D672

From kanterella
Jump to navigation Jump to search
Nuclear Regulatory Commission Issuances for May 1992.Pages 189-203
ML20099D672
Person / Time
Issue date: 07/31/1992
From:
NRC OFFICE OF ADMINISTRATION (ADM)
To:
References
NUREG-0750, NUREG-0750-V35-N05, NUREG-750, NUREG-750-V35-N5, NUDOCS 9208060257
Download: ML20099D672 (21)


Text

_ _ _ - _

a l

l NUREG-0750 Vol 35, No. 5 Pages 189-203 NUCLEAR' REGULATORY.

COMMISSION ISSUANCES Mayl1992 p nso h

.f' t

c o

o

'44W5K U.S. NUCLEAR REGULATORY COMMISSION i

920731 92000hh7o PDR Moa

,m,

1 I

l i

4 Available from I

Suporintentendent of Documents U.S. Govotnment Printing Offico

. Post Offico Box 37082 Washington. D.C. 20013-7082 A year's subscription consists of 12 softbound issues.

4 indexos, and 2-4 hardbound editions for this publication.

Single copios of this publication

- are available from National Technical Information Service, Springfloid, VA 22161 r

4

.1 Errors in this publication may be reported to the Division of Freedom of Information and Publications Services Offica of Administration U.S. Nuclear Rogutatory Commission

_ Washington, DC 20555 (301/492-8925)

( ;.

l

1 NUREG-0750 Vol. 35, No. 6 Pages 109-203 i

NUCLEAR REGULATORY COMNISSION ISSUANCES F

May 1992 I

i l

This roport includes t'ie issuancos received during the specified period from the Commission (CU), the Atomic Safety and Licensing Boards (LBP), the Administrative Law Judges (ALJ), the Directors' Decisions (DD), and the Donials of Petitions for Rulomaking (DPRM).

The summarios and headnotes procoding the opinions reported heroin are not to bo doomod a part of those opinions or have any indopondent legal significanco.

U.S. NUCLEAR REGULATO'RY COMMISSION l-Prepared by the Division of Froodom of information and Publications Sorvices Office of Administration U.S. Nuclear Regu!atory Commission Washington, DC 20555 (301/492-8925) 1

. _ _, _ ~ _ _ _.

_.,. _,.,... _... ~. _..

.,, _ - -,. _. - _ _ _ _ _ _. _,. - _ _ _ _ _ ~ _ _ _ _ _ _ _. _ _ _ _ _. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~ _ _ _ _ __ _ _ _ _ ____ _ _ _.-

l COMMISSIONERS ivan Selin, Chairman Kenneth C. Rogers James R. Curtiss Forrest J. Romick E. Gall de Planque 4

B. Paui Cc: tor. Chief Administrativo Judge, Atomic Safety and Licensing Board Pare!

e d"

w

CONTENTS Issuances of the Atomic Safety and Licensing floards CIIEMETRON CORPORATION, Providence, Rl 02903 (Itarvard Avenue Site and Bert Avenue Site Decontamination)

_ Docket No. 0404)8724 (ASLBP No. 92-661-05-OM)

.(License No,' SUB' 1357)

. MEMORANDUM AND ORDER, LBP-92-11, May 12,1992......,, 193

. LAFAYETIll CL NIC

. Docket No, OJ0-13244-OM (A% iP No.92-655 03-OM)

. (Order Moa Iying Byprodut'. s"a

License

. No. 21-00864 02) (EA 91 136)

= MEMORANDUM AND ORDER, LBP-51-13, May 27,1992.,.....,199 4

MIDWEST INSPECTION SERVICE. LTD.-

Docket No. 30-10749-CivP&OM (ASLBP Nos. 91-64944-CivP, 92-652-01-OM)

-(Byproduct Material License No. 48 16296-01) (EA 90-152,90-085)

MEMORANDUM AND ORDER, LDP-92-9, May 6,1992....... 189 PATRICK K.C. CIlUN, M.D.

Docket No. 30-31570 EA (ASLBP No. 92-657-02-EA)

(Materials License No. 35 27026-01)

ORDER, LDP-92 12,' May 26,1992...,....................... 195 l

\\

lii

-y; I

=.

x

4 I

d

-.m.

W

l Atomic Safety and Licensing Boards issuances ATOMIC SAFETY AND UCENSING BOARD PANEL B. Paul Cotter,* Chief Administrative Judge Q

nobert M. Lazo,* Deputy Chief Administrative Judge (Executive)

Frederick J. Shon,* Deputy Chief Administrative Judge (Technic 21)

Members Dr George C. Arwkrson James R Gloason Dr Ernmeth A. Luobke Charles Bechhoefor*

Dr. Cadot H. Hand, Jr.

Dr Kenneth A. McCollom h,

Potor B. Bloch*

Ot Jeny Harbour

  • Morton B Margules*

Glenn O. Bright Dr. David L Hetrick Marshall E. MiLw Dr A. Dixon Cathhan Errest E. Hill Dr eter A. Morris James H, Carpenter

  • Or, Frank F. Hooper Dr Rctwd R Pan 2ex h '

Dr Pchard F. Cole

  • Ehzabeth B. Jonnson Dt Hany Rein Dr Thonus E, Elioman Dr. Walter H. Jordan Lester S. Rubonstein Dr George A Ferguson Dr Charios N. Kolber*

Or. David R. Schink

<W Dr Hair # Fomman Cr. Jerry R. Klino*

Ivan W. Smrth'

,. Q Dr Rechard F. Foster Dt Peter S. Lam

  • Dr. George Tidey John H Frye Ill*

Dr. James C. Lamb Ill Simidon J. Wolfe j

i i

v l

l

'1

  • ! rmanentpanelmembsm 1

l k

1 _

I

..... - - - ~. -

Cite as 35 NRC 189 (1992)

LD P-92-9 UNITED STATES OF AMERICA '

NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:

Ivon W. Smith, Chairman Dr. Richard F. Cole Dr. Peter S. Lam Docket No. 30-10749-CivP&OM in the

x (ASLBP Nos. 91649 04-CivP 92-652-01-OM)

(Byproduct Material License No. 48-16296 01)

(EA 90152,90485)

MIDWEST INSPECTION SERVICE, LTD.

May 6,1992 MEMORANDUM AND ORDER (Terminating Proceeding)

On April 23,1992, the parties to thc3e enforcemc.it proceedings, the NRC Staff and Mr. Donald Paschen, President of Midwest Inspection Service, Ltd.,

filed (1) a Settlement Agreement to Terrainate Proceedings diat had been accepted by both parties; and (2) a joint motion requesting approval of the

- Settlement Agreement and the t.ntry of an order terminating these proceedings, with a proposed Order. The Licensing Boardt has reviewed the Settlement Agreement under 10 C.F.R. Q 2.203 -to determine whether approval of the

(

3 on April 30,1992, the hesidmg ofra:er in these pmeredmas. Admirdstrative Law Judge Ivan W. Smitly was replaced by this At.unic Safety and Licauma !!aard.

189 l

z -

3 f

--- Agreement and consequent terminaiion of these proceedings are in the public mterest.'

~ Accordingly, the Board approves the Settlement Agreement attached hereto and incorporates it by reference into this Order, Pursuant to sections 81 and 161 of the Atomic Energy Act. and'10 C.F.R. 6 2.703, the Board terminates these proceedings on the basis of the attached Agreement.

THE ATOMIC SAFETY AND LICENSiNO BOARD Richard F. Cole ADMINISTRATIVE JUDOE Peter S, Lam ADMINISTRATIVE JUDGE Ivan W. Smith, Chairman ADMINISTRATIVE JUDGE Bethesda, Maryland -

' May 6.1992 9

'190 a

-np-a

-w o

k ATTACHMElli UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ADMINISTRATIVE LAW JUDGE in the Matter of -

Docket No. 030-10749 CivP&OM (Dyproduct Materials License No. 48-16296 01)

(EA 90152)

MIDWEST INSPECTION SERVICE, !.TD.

SETTLEMENT AGREEMENT On hiay 9,.1991, the NRC staff (Staff) issued an Order imposing Civil hionclary Penalty in the amourit of $8,571.43 to hiidwest inspection Service, Ltd. (Licensee) (56 Fed. Reg. 22,894, hiay 17,1991). On Junc 5,1991, the Licensec requested a hearing on the Order imposing the Civil Penalty, ans!

the matter has assigned to the Presiding Officer on July 3,1991 (Docket No.

- 030-10749-CivP). On September 9,1991, the Staff issued an Order biodifying License (Effective immediately) and Demand for Information (56 Fed. Reg.

46,808, Sept.16,1991),' On September 25, 1991, the Licensee requested a hearing on the second Order. This matter was assigned to the Presiding Officer

- on October 15,1991 (Docket No. 03010149-Oht).

- On February 3,1992, the Licensec sent a !ctter to the NRC Region til

- Administrator stating that it "shall by February 28, 1992, in accordance with NRC _ Regulations, dispose or transfer all licer,:cd material" and that after February 28,1992, it "shall not conduct any radiographic operations as defined by 10 C.F.R." The Licensee retracted all requests for hearings.

In accordance with the Licensec's February 3,1992 letter and later actions carrying out its stated desire to terminate its Byproduct hinterials License No.

48-16296-01, the NRC Staff and hir. Donald Paschen, individually and as owner and president of the Licensee, hereby agrec as follows:

1. The Licensee agrees to withdraw its requests for hearings dated Junc 5,1991, and September 25,1991.

191

2.

Ef fective immediately, Ilyproduct Materials License No. 4816296-01 is suspended. The Licensee rhall not receive or use licensed material on or after the date of this ';ettlement Agreement under the foregoing License.

3.

Licensee has transferred ownership of all licensed material and de-vices to authoried recipients and will: (1) notify NRC Region 111 of the name, address, und location of the licensed person (s) or licensed firm (s) and to whom all licensed material has ber ? transferred on an NRC Form 314; and (2) submit verification of material transfer in the form of a receipt from the transferce.

4.

Upon a written finding by the Regional Administrator, NRC Region 111 that no licensed material remains in the Licensee's possession, Byproduct hiaterials License No. 48-16296 01 shall be terminated.

5.

Upon termination of Byproduct hiaterials License No. 48-16296-01, the NRC Staff agrees to withdraw the Civil Penalty and retract the September 9,1991 Ord;r hiodifying License (Effective immediately) and Demand for Information, 6.

hit. Donald Paschen agrees to notify the Regional Administrator, NRC Region lit, for two years from the effective date of this Set-3, tiement Agreement, in the event he obtains a controlling interest in

.e.

an entity which engages in any activities associated with the posns-S sion or use of licensed materials under an Agreement State or NRC license.

7.

In an attached joint motion, the NRC Staff and the Licensee jointly move the Presiding Officer for an order approving this settlement agreemen' and terminating this proceeding. The agreement shall become effective upon the approval of the Presiding Officer.

Ibr the U.S. Nuclear Regulatory For htidwest inspection Service, Ltd.

Commission.

Michael IL FMelstein Donald Paschen, President Counsel fc

' Staff hiidwest inspection Service, Ltd.

Dated at Rockville, hiaryttnd.

Dated at Green Bay, Wisconsin, this 23d day of April 1992.

this 22d day of April 1992.

(LDP-9210, which would have followed this issuance, "/as withdrawn from publication.)

192

i i

C te as 35 NRC 193 (1992)

LBP.9211

- UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:

James P. Gleason, Chairman Jerry R. Kilne Charles N. Kelber in the Ma:ter of Docket No. 040-08724 (ASLBP No. 92-661-05 OM)

(License No. SUB-1357)

CHEMETRON CORPORATION Providence,0102903 (Harvard Avenue Site and Bert Avenue Site Decontamination)_

May 12,1992 The Licensing Board grants a Joint Motion of Licensee and Staff in approving a Consent Order and terminating a proceeding.

MEMORANDUM AND OltDER (Order Approving Consent Order and Terminating Proceeding)

This proceeding involves an Order Modifying License (Effective immedi-ately) issued by the Staff to the Chemetron Corporation (Licensee) on April 8, 1992, The Order set forth that pursuant to the Commission's Regulations, the Licensee or any other person adversely affected could request a hearing on the Order.1hc Licensee filed an answer to the Staff's Order, requested a hearing, and moved to set aside the immediate Effectiveness of the Order.t The Licensee also filed a "... Request for Expedited Production of Documents' from the 8 jeensee Chei a Corporation's Answer to He United States Noelar Regulatory Comnisake's April 8,1992 t

Ordiu Modifying ticena, Request rm o llanns and Modor. to 14 Aude the immedme 15rfec6veness or the order. Apr0 28.1992.

193:

Staff,3 No other request.s for a hearing or petitions to intervene have tren re-ceived. In telephone calls on May 5 and May b, IW2, the lloard established to preside over this proceeding pursuant to 10 C.F.R. 6 2.271 was notified by Staff and Licensee's Attorneys that the parties were engaged in settlement ac-gotiations. Those discussions resulted in a proposed Consent Order agreed to by the parties, and a Joint Motion for the lloard's approval of tle Order and termination of the precceding.) The Consent Order is intended to supersede the Order Modifying the License. On Board approval, the Joint Motion provides that the Staff will issue the Consent Order and the Licensee will withdraw its request for hearing, the motion to set aside the immediate effectiveness order and request for the production of documents.

In the terms and conditions outlined in the Consent Order, there doe; not appear to be any reason why the public health, safety, and interest will not be protected. Accordingly, the Board herein approves the Consent Order ar (incorporating its provisions by reference in this ORDER) and grants the motion of the parties to terminate this proceeding.

IT IS SO ORDERED.

Tile ATOMIC SAFETY AND LICENSING BOARD James P. Gleason, Chairman ADMINISTRATIVE JUDGE Jerry R. Kline ADMINISTRATIVE JUDGE Charles N. Kelber ADMINISTRATIVE JUDGE Bethesda, Maryland npnl 29,1991. The maion was rded with Om AsljiP's Chier Admmisusuve bfge pner to the eaublahnwm 2

or this neatd.

3Jous Mouen of Chemetron Cogvuunn and NRC Sufr ror Appnwn!. of Cauent order and Tanunauon or twmimg. May 5,199L 194 1

1

Cite as 35 f 4RC 195 (1992)

LBP-9212 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:

Morton B. Margulles, Chairman Thomas D. Murphy Harry Rein in the Matter of Docket No. 30 31570-EA (ASLBP No. 92 657-02-EA)

(Materials License No. ;i5-27026-01)

PATRICK K.C. CHUN, M.D.

May 26,1992 ORDER (Approving Settlement Agreement and Terminating Proceeding)

On May 19,1992, the parties to this enforcement proceeding, the FRC Staf f and Patrick K.C. Chun, M.D., filed with the Atomic Safety and Licensing Board (1) a Settlement Agreement that has been accepted and signed by both parties and (2) a joint motion reaucsting the Board's approval of the Agreement and entry of an order terminating this proceeding, together with a proposed Order.

%c Board has reviewed the Settlement Agreement under 10 C.F.R. 6 2.203 to determine whether approval of the Settlement Agreemer.t and consequent termination of this proceeding is in the public interest. Based upon its review, the Board is sadsfied that approval of the Settlement Agreement and terminadon of this proceeding based thereon is in the public interest.

8 Accordingly, the Board approves the Settlement Agreement attached hereto and, pursuant to sections 81 cnd 161 of the Atomic Energy Act of 1954, as y

b amended (42 U.S.C. 95 2111 and 2201), incorporates the Settlement Agreement 195 l

- _. ~, _.

1 by reference into this Order. Pursuant to 10 C.F.R. 5 2.203, the Board hereby terminates this proceeding on the basis of the Settlement Agreement.

Tile ATOMIC SAFETY AND j

LICENSING BOARD Morton B. Margulics, Chairman ADMINISTRATIVE LAW JUDGE Thomas D. Murphy ADMINISTRATIVE JUDGE Ilarry Rein, M.D. (by M.B.M.)

' ADMINISTRATIVE JUDGE

- Bethesda, Maryland May 26,1992 ATTACllMENT SETTLEMENT AGREEMENT

' On November 12, 1991, the NRC Staff (Staff) issued' Order Prohibiting Imvivement in Certain NRC-Licensed Activities (Effective immediately) to Patrick K.C. Chun, M. D., 56 Fed. Reg. 55,716 (Nov. 21,1991). That Order was subsequently modified on November 27,1991, to corn:ct an unintentional inconsistency. Order Modifying Order Prohloiting involvement in Certain NRC.

Licensed Activities (Effective immediately). 56 Fed. Reg. 63,985 (Dec. 6, 1991).

On November 18,~ 1991, Dr. Chun, in responac to the first Order, requested a hearing on the Order. On December 1,1991, in response to both the Order and the Modified Order, Dr. Chun filed an answer denying all" allegations and charges made in the Orders," and tequested that the Orders be rescinded. Dr.

Chun also requested a hearing. In response to Dr. Chun's hearing request, an 14, 1992. 57 Atomic Safety and Licensing Board was establist ed on January ~

- Fed. Reg. 2795 (Jan. 23,1992).

. After discussions between the Staff and Dr. Chun, both the Staff and Dr.

~

Chun agree tint it is in the public interest to terminate this proceeding without

196

.n.

furti'er li.lgation and widiout reaching the merits of the underlying orders, and ogree to the following terms and conditions.

1.

The Staff agrees to withdraw die Orders issued to Dr. Chun, dated Novernber'12 ar d 27,1991. Such withdrawal will become effective upon approval of this Settlement Agreement by the Atomic Safety and Licensing Board.

2.

Dr. Chun agrees to withdraw his request for a hearing d.ted November 18, 1991, Such withdrawal will become effective upon approval of thie

. Settlement Agreement by the Atomic Safety and Licensing Board.

3. ' Dr. Chun agrees that from November 12,1991, the date of the issuance of the original order, until November 11,1992, he will not apply for or hold an NRC license, will not be named on an NRC license in any capacity, and will not perform any activities as an authorized user either under a bror.d scope license,

. issued pursuant to 10 C.F.R. Part 33, or as a visiting authorized user pursuant to 10 C.F.R. { 35.27.

4.

Dr. Chun agrecs that from November 12,1992, until November 11,1994, he will provide the following notice to the NRC:

'A. 'Ibr work activities that require Dr. Chun being named on an NRC

- license (e.g., Radiation Safety Officer or Authorized User), Dr. Chun shall provide a copy of the license application or amendment to the Chief, Medical Usc Safety Branch, Office of Nuclear Material Safety

& Safeguards, at the same time that the application or amendment is

- sent to the NRC liccusing office.

B.'

Ihr work activities performed by Dr. Chun as tin authorized user

- under a broad-scope license or as a visiting authorized user, Dr.

Chun shall provide the Chief, Medical Use Safety Branch. Office of

- Nuclear Material Safety & Safeguards, with two weeks notice prior

' to performing any such activities.

5.

Dr. Chun assures the NRC that he can be relied upon to comply with all Cominission requirements, including diat of providing complete and accurate information to the Commission.-

6. The Staff agrees, with regard to information relating to this proceeding,

- that it will comply with all existing federal statues, Commission regulations, and policy 10garding the dissemination of information.

7. The Staff and Dr. Chun shall jointly move the Atomic Safety and Licens-ing Board for an Order approving this Settlement Agreement and terminating e

197 5

+

e m s, s,w--

,n r

- +,,

.. - - ~

r

[this proceeding. Tliis agreement slall become effective upon approval by the -

i Licensing Board, i

FOR Tile NUCLEAR i

REGULATORY COMMISSION j

i Marian L. Zobler Counsel for NRC Staff FOR PATRICK K.C. CIIUN, M.D.

Dale Joseph Gilsinger Counsel for Patrick K.C.

. Chun, M.D.

'F Dated May.19,1992 h

3-x D

g93 4

i.

f-

--if

Cite as 35 NRC 199 (1992)

LDP.92-13 UNITED STATES OF AldERICA

- NUCLEAR REGULATORY COMMISSION 4

ATOMIC SAFETY AND LICENSING DOARD Defore Administrative Judges:

G. Paul Bollwerk, Ill, Chairman Dr. Charles N. Kelber Dr. George F. Tidey in the Matter of Docket No. 03013204 OM (ASLBP No. 92-655-03-OM)

(Order Modifying Dyproduct Material License No. 21-00864 02)

(EA 91 130)

LAFAYETTE CLINIC May 27,1992 MEMORANDUM AND ORDER (Approving Settlement Agreement and Terminating Proceeding)

In this proceeding, petitioner Natraj Sitaram, M.D., contests the validity of an October 3,1991 NRC Staff order modifying the 10 C.F.R. Part 30 byproduct material license of Lafayette C:inic. See 56 Fed. Reg. 51,415 (1991). Dr.

Sitaram has challenged the order as it imposes an immediately effective license condition that precludes the Clinic from utilizing him in any liccused activity for a period of three years. Now, by-joint motion dated May 14,1992, the i pa' tics request thy ve approve a settlement stipulation they have provided and

. terminate this procccding without adjudication of any of the legal or factual matters at issue.

Purstumt to 10 C.F.R. 5 2.203, we have reviewed the settlement agreement to determ_ine whether approval of the agreement and termination of this proceeding b in the public intenst. On the basis of that review, and according due weight 199

to the pdition of the Staff, we have concluded that the parties' agreement and the termination of this ' proceeding are consistent with the public interest

- Accordingly, the joint motion of the parties is granted and we approw the

" Stipulation for Settlement of Proceeding," which is attached to and incorlorated '

by reference in this order. Rrther, pursuant to sections 81,161(b),161(o), and 191 of the Atomic Energy Act of 1954, as amended,42 U.S.C.15 2111,2201(b),

2201(o), 2241, and 10 C.F.R. 5 2.203, the Board terminates this proceeding.

11 is so ORDERED,'

THE ATOMIC SAFETY AND LICENSING BOARD G. Paul Bollwerk,111, Chairman ADMINISTR.ATIVE JUDGE Charles N. Kelber ADMINISTRATIVE JUDGE George F. Tidcy ADMINISTRATIVE JUDGE

-_-Bethesda, Maryland' May 27,1992

  • A 200-

4 J

4

-=.

p a

.w a

ATTACHMENT UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND UCENSING BOARD in the Matter Of Docket No. 03013204-OM (ASLBP No. 92-655-03-OM)

(Order Modifying Byproduct Material License No. 21 00864-02)

(EA 91 130)

LAFAYETTE CLit:iC STIPULATION FOR SE'ITLEMENT OF PROCEEDING WlIEREAS, the NRC Staffissued a Notice of Violation and Order Modifying L ccuse (Immed ate y Effective) dated October 3.1991 (Order Modifying i

i l License), to Lafayette Clinic, Detroit, Michigan; and WHEREAS, Dr. Natraj Sitaram (Petitioner) requested a hearing la connection with the Order Modifying License; and

' WlIEREAS, Pedtionx understands and appreciates the importance of the

' ability of individuals to raise safety issues without fear of retribution, and die

. importance of cooperating in safety investigations; and WilEREAS, pursuant to 10 C.F.R. 62.203, the NRC Staff and Petitioner have stipulated and agreed to the following provisions for the settlement of the -

above-captioned proceeding, subject to the approval of the Atomic Safety and Licensing Board,- before and without the taking of any testimony or trial or adjudication of any issue of fact or law; and WilEREAS, the NRC Stafils willing to forbear from initiating any enforce-

- ment proceeding against Petitioner based upon the facts set forth in the Notice

_ of Violation and Order Modifying License, dared and issued October 3,1991, for so long as Petitioner is in full compliance with all terms and provisions of this Stipul tion; and 201 l

WilEREAS, Petitioner is willing;to waive his hearing and appeal rights regarding this matter in consideration of the terms and provisions of this Stipulation; and 1WilEREAS, the terms and provisions of this Stipulation, once approved by

.the Atomic Safety and Licensing Board, shall be incorporated by reference intr 3 an order, as that term is used in subsections (b) and (o) of section 161 of the Atomic Energy Act of 1954, as amended (Act),42 U.S.C. 52201, and shall be

- subject to enforcement pursuant to the Commission's regulations and Chapter-18 of the Act 42 U.S.C. I2271 et seq.;

NOWTilEREFORE, ITIS STIPULATED AND AGREED between the NRC Staff and Petitioner as follows:

L The NRC Staff withdraws from the above Order Modifying License all anegations against and references to Petitioner. -In addition, the NRC Staff

--withdraws from the Notice of Violation (a) violation 1 B, and (b) all inferences

- to Pethioner and references to the disposal of radioactive waste on June 18

/through June 19,1988, contained in violation Ill.B.

2.. Petitioner withdraws his request for and waives his right to a hearing in Jconnection with this matter, and walves any right to contest or otherwise appeal this Stipulation once approved by the Atomic Safety and Licensing Board.

3 Prior to his first use of any radioactive materials at an NRC-licensed

( facility after the date of approval.of this Stipulation by the Atomic Safety and Licensing Board, Petitioner shall obtain education and/or training such that he would. be qualified to be an authorized user of radioactive materials at such

facility,

. 4 - For a period of two years following the date of appmval of this Stipulation i by the Atomic Safety and Licensing Board. Petitioner shall provide written

' notice to the NRC Staff of his intended use of radioactive materia's prior to his f first use of any such materials at each NRC-licensed facility at which he may be employed or }l 3rwise working. Written notice shall be sent to the attention of the Director, OfN of Enforcement, U.S. Nuclear Regulatory Commission,

? Washington, D.C. 20555.

5.

Petitioner shall not engage in any act, practice, or omission inconsistent with 10 C.F.R.~ 9 30.7.

y t

5 202 s

4,f-

+

=4 m.-

-. +

4 c.

q.

y 9p m

v.-

' 6.

Definitions contained in the regulations of the NRC,10 C.F.R. Chapter 1, shall apply to the extent relevant to terms and phrases used herein.

TOR TIIE NRC staff:

- FOR PETITIONER DR. NATRAJ SITARAM

-Steven R. Ilom Kathleen A. Stibich May 13,1992.

May 14,1992-APPROVED:

- FOR TiiE ATOMIC SAFETY

- AND LICENSING BOARD O. Paul Bollwerk, III, Chairman

. ADMINISTRATIVE JUIXIE.

A 9

203 4

,, - -