ML20149L518
| ML20149L518 | |
| Person / Time | |
|---|---|
| Site: | 03003368 |
| Issue date: | 02/22/1996 |
| From: | Callan L NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV) |
| To: | Yu H AFFILIATION NOT ASSIGNED |
| References | |
| IA-95-037, IA-95-37, NUDOCS 9602270031 | |
| Download: ML20149L518 (5) | |
See also: IR 05000606/2012021
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UNITED STATES
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NUCLEAR REGULATORY COMMIS3lON
R EGION IV
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611 RYAN PLAZA DRIVE, SUITE 400
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February 22, 1996
IA 95-037
Hung Yu, Ph.D.
[Home Address Deleted
10 CFR 2.790]
SUBJECT:
NRC INSPECTION REPORT 030-03368/95-01 AND NRC INVESTIGATION
REPORT 4-95-027
Dear Dr. Yu:
This refers to the NRC inspection and investigation which took place from
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June 6 through December 21, 1995, and to the transcribed predecisional
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enforcement conference conducted between the NRC and yourself on
January 17, 1996.
The inspection and investigation were conducted in response
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to the Madigan Army Medical Center (MAMC), your former employer, identification
of medical misadministrations involving the use of NRC-licensed brachytherapy
sources, which MAMC first reported to the NRC on June 2, 1995.
Based on preliminary findings of the inspection and investigation, the NRC
concluded that you had engaged in deliberate misconduct by:
(1) knowingly
providing to MAMC on June 2,1995, inaccurate information relating to a matter
material to the NRC, specifically the cause of the error that resulted in a
misadministration, in violation of 10 CFR 30.10(a)(2); and (2) deliberately
failing to conduct surveys of packages containing brachytherapy sources and
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deliberately making entries to MAMC records to show that you had conducted such
surveys, in violation of 10 CFR 30.10(a)(1). As a result, the NRC issued to
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you on September 18, 1995, an Order Prohibiting Involvement in NRC-Licensed
Activities (Effective Immediately) which prohibited you from participating in
NRC-licensed activities, pending further investigation and order by the NRC.
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During the January 17, 1996 conference, you admitted that you provided
inaccurate information to MAMC officials.
However, you denied that you were
trying to cover up the cause of the misadministrations.
In addition, you
stated that you were trying to "get rid of them [the radiation safety officer
and authorized user] out of the office" because:
(1) you wanted to continue
practicing the multidata training you had received on June 1, 1995; (2) you
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were in a very bad mood; and (3) you thought that the medical consequences of
the most recent misadministration was not important.
You also admitted that
you deliberately failed to conduct surveys of labelled packages containing
brachytherapy sources.
Furthermore, you admitted that you inappropriately made the judgment that the
clinical consequences of the most recent misadministration were not
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significant, rather than immediately informing the authorized user and RSO
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about the cause of the misadministration so that appropriate actions could be
taken.
You also stated that, as a result of your actions, you had learned a
very important lesson and would not engage in similar misconduct in the future.
Moreover, you stated that should you engage in NRC-licensed activities in the
future, you would study all computer manufacturer's manuals to ensure that
similar errors and misadministrations do not recur.
Based on the statements you provided the NRC during the transcribed conference,
we have concluded that you now:
(1) understand the unacceptability of your
actions; (2) realize the importance of providing the NRC complete and accurate
information; (3) recognize your attitude was inappropriate; and (4) appreciate
the need to comply with NRC requirements.
In addition, the NRC has concluded,
after conducting a predecisional enforcement conference with your former
employer on January 18, 1996, that your former employer bears some of the
responsibility for your actions because of its failure to provide you adequate
quality management program training.
Therefore, in view of your statements, the circumstances surrounding this case,
the five-month NRC prohibition, and the substantial disciplinary action,
i.e.,
suspension from work activities, taken against you by your former employer, the
NRC has determined that we should relax the September 18, 1995 order provided
that you certify, as noted on Page 4 of this letter, to the Commission that you
will become knowledgeable of and comply with all NRC requirements, should you
engage in NRC-licensed activities * in the future.
The NRC will relax the
order, and allow you to engage in NRC-licensed activities, upon receipt of this
letter with your signature and certification, under oath or affirmation.
You
should return the letter to Mr. James Lieberman, Director, Office of
Enforcement, U.S. Nuclear Regulatory Commission, One White Flint North,
11555 Rockville Pike, Rockville, MD 20852-2738.
You will be notified by mail
when the order is relaxed.
You should note that you may be subject to significant civil or criminal action
if you exhibit similar conduct in any future NRC-licensed activity.
In accordance with Section 2.790 of the NRC's " Rules of Practice," Part 2,
Title 10, Code of Federal Regulations, records or documents compiled for
enforcement purposes are placed in the NRC Public Document Room (PDR). A copy
of this letter will be placed in the PDR with your home address removed.
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NRC-licensed activities include licensed activities of:
1) an NRC
licensee, 2) an Agreement State licensee conducting licensed activities in NRC
jurisdiction pursuant to 10 CFR 150.20, and 3) an Agreement State licensee
involved in distribution of products that are subject to NRC jurisdiction.
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If you have any questions, please contact Mr. Gary Sanborn at (817) 860-8222.
Sincerely,
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b Regional Administrator
cc:
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State of Washington
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I, Hung Yu, Ph.D., hereby certify that I have read the above letter and fully
understand its contents, and that, if 1 engage in the future in any NRC-
licensed activities, I will become knowledgeable of and comply with all
applicable NRC requirements, including the requirement to provide complete and
accurate information to both the licensee and NRC.
I also understand that
failure to meet NRC requirements may subject me to civil or criminal- sanctions.
Hung Yu, Ph.D.
Subscribed and sworn to (or affirmed) before me this _ day of
, 1996
Notary Public
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HQ DISTRIBUTION:
PUBLIC
SECY
CA
JTaylor, ED0
HThompson, DEDS
CPaperiello, NMSS
DCool, NMSS
LCamper, NMSS
JLieberman, OE
LChandler, OGC
JGoldberg, OGC
Enforcement Officers
RI, RII, RIII
JGilliland, OPA
PLohaus, OSP
LNorton, OIG
EJordan, AE0D
GCaputo, 01
NMamish, OE
NUDOCS
RIV DISTRIBUTION:
LJCallan
SCollins
GSanborn > EAFile
BHenderson; MHammond
CHackney; DKunihiro
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WBrown
RScarano; DChamber1ain
LHowell
CCain
FWenslawski
LWilliamson
MIS Coordinator
DNMS Files
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Doc Name:
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2/9 /96
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