ML20199A763
| ML20199A763 | |
| Person / Time | |
|---|---|
| Site: | 15000019 |
| Issue date: | 01/11/1999 |
| From: | Lieberman J NRC OFFICE OF ENFORCEMENT (OE) |
| To: | Darrell Todd AFFILIATION NOT ASSIGNED |
| References | |
| EA-98-538, IA-98-066, IA-98-66, NUDOCS 9901130126 | |
| Download: ML20199A763 (11) | |
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s j NUCLEAR REGULATORY COMMISSION o, WASHINGTON, D.C. 30886-0001 s...../ January 11, 1999 EA 98-538 IA 98-066 Mr. Dale Todd, President Roof Systems Design,Inc.
Monte Claro 11 MK 1, Plaza 44 Bayamon, Puerto Rico 00961
SUBJECT:
CONFIRMATORY ORDER (INVESTIGATION REPORT NO. 2-1998-015)
Dear Mr.Todd:
This refers to the correspondence between you and the NRC Region ll Office on December 30 and 31,1998, regarding the findings of NRC Investigation Report No. 2-1998-015 and your and Roof Systems Design's, Inc. agreement to the issuance of an Order. While you agreed to the issuance of an Order, you had reservations concerning the scope of the rights you were walving. The acknowledgment you signed only addressed a hearing on the terms of the Order.
To assure that there are no misunderstandings, I have enclosed a Confirmatory Order (Order) for your signature. Under the terms of the Order, both you and Roof Systems Design, Inc.
agree (1) to not engage in NRC licensed activities for a period of one year and (2) to notify the NRC at least five days prior to the first time that you engage in or exercise control over NRC licensed activities during a period of five years following the one year prohibition.
If you are satisfied with the enclosed Order to resolve this matter, you should sign both copies of the Order and submit them within 20 business days of the date of this letter to Mr. James Lieberman, Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, One White Flint North,11555 Rockville Pike, Rockville, Maryland 20852-2378. Following receipt, a copy of the signed Order will be returned to you. If you do not intend to sign the Order, please notify me at (301) 415-2741.
' You should be aware that, once signed, a violation of this Order may subject you to civil or criminal sanctions pursuant to Sections 223 and 234 of the Atomic Energy Act of 1954, as amended.
Questions concerning this Order should be addressed to James Lieberman, Director, Office of Enforcement.
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In accordance with 10 CFR 2.790 of the NRC's " Rules of Practice," a copy of this letter and its enclosure will be placed in the NRC PuNic Document Room (PDR).
1 Sincerely,-
Dif$nt! Dc,c;! p Jam:s I!iberc5 1 James Lieberman, Director !
Office of Enforcement ;
i Docket No.150-00019 Maryland License No. MD 33-095-01 (Expired)
Enclosures:
L Two Copies of the Proposed Confirmatory Order
. Distribution '
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- i. NAME VBeaston3)% LReyes Mf* L JLieberman 9%)f' DATE 01/ \t /99 01/11/99 01/)) /99 OFFICIAL RECORD COPY
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1 In accordance with 10 CFR 2.790 of the NRC's " Rules of Practice," a copy of this letter and its l l enclosure will be placed in the NRC Public Document Room (PDR).
1 Sincerely, ;
I James Lieberman, Director I Office of Enforcement I Docket No.150-00019 Maryland License No. MD-33-095-01 (Expired)
Enclosures:
Two Copies of the Proposed Confirmatory Order l
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- t. UNITED STATES l ,
NUCLEAR REGULATORY COMMISSION in the Matter of ) ,
) I l Dale Todd ) lA 98-086
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. Roof Systems Design, Inc. ) Docket No. 150-00019 Bayamon, Puerto Rico 00961 ) License No. MD-33-095-01(expired) l CONFlRMATORY ORDER l
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' Mr. Dale Todd is employed as the President of Roof Systems Design, Inc. (RSDI). RSDI is a ;
Pennsylvania Corporation, farmerly doing business in Laurel, Maryland and now doing business in Bayamon, Puerto Rico. RSDI (a former Maryland Licensee) possessed and used radioactive I materials at its Laurel, Maryland facility under the authority of MarylandYicense No. MD 095-01, Amendment No. 2, issued by the Maryland Department of the Environment (MDE),
Radioactive Materials and Compliance Division (RMCD) on May 31,1994, pursuant to the <
Maryland Radiation Act, and in reliance on statements and representations made by RSDI.
I RSDi's former Maryland licenpe authorized RSDI to receive, acquire, possess and transfer, i
within the State of Maryland, Americium-241 (not to exceed 50 millicuries per source) contained i in Troxler model 3216 moisture gauges used to locate areas of high moisture content in roof systems. On May 31,1998, Maryland License No. MD-33-095-01, Amendment No. 2, issued to RSDI expired.
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11 On April 23,1998, the Nuclear Regulatory Commission (NRC) was notified by MDE/RMCD, that Mr. Todd had moved RSDI equipment and operations to the Commonwealth of Puerto Rico, an area within the NRC's jurisdiction. An investigation by the NRC Office of Investigations (01) was initiated on May 8,1998, to determine wnether Mr. Todd and RSDI were in unauthorized possession of moisture gauges containing byproduct material, without a specific or general license issued by the NRC. Based on the evidence developed, Ol determined that RSDI willfully possessed and used Troxler moisture gauges, containing byproduct material, in the Commonwealth of Puerto Rico without a specific or general license issued by the NRC.
Specifically, on May 8,1998, Mr. Todd and RSDI were found to be in possession of four Troxler Model Number 3216 moisture gauges in Puerto Rico, each containing approximately 40 millicuries of Americium-241 without having obtained an NRC license, in violatior, of 10 CFR 30.3 and 10 CFR 150.20. In addition, based on statements Mr. Todd made to 01, the gauges were used at job sites in Puerto Rico, including Searle Pharmaceuticalin 1992 and Ft.
Buchanan and Intel in Las Piedras in September 1997 without a specific or general license issued by the NRC, in violation of 10 CFR 30.3 and 10 CFR 150.20.
Mr. Todd acknowledged to Ol that he was aware that the jobs in Puerto Rico required an NRC license and that one was not obtained. In addition, Mr. Todd told Ol that he and RSDI also conducted licensed activities in New Jersey, Pennsylvania, and Virginia, areas of NRC jurisdiction, without a specific or general NRC license.
On May 12,1998, Confirmatory Action Letter (CAL) 2-98-003 was sent to Mr. Todd confirming that he agreed to transfer the four RSDI gauges to an authorized recipient by June 7,1998.
Mr. Todd confirmed that the four moisture gauges were transferred to an authorized recipient in
I a letter to Mr. Mark Lesser of the NRC, dated June 11,1998. In addition to the May 12,1998 CAL, the NRC also sent Mr. Todd a December 30,1998 letter that informed him of the terms of this Order and that requested Mr. Todd to inform the NRC whether he consented to the issuance of this Order. Mr. Todd informed the NRC in a letter dated December 31,1998, that he understood the terms of this Order and that he consented to the issuance of this Order.
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The Commission's regulations in 10 CFR 30.3 specify that, except for persons exempt as provided
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in Part 30 and Part 150 of this chapter, no person shall manufacture, produce, transfer, receive, l acquire, own, possess, or use byproduct material except as authorized in a specific or general license issued pursuant to the regulations in this chapter. In accordance with 10 CFR 150.20 (a),
any person who holds a specific license from an Agreement State is granted an NRC general license to conduct the same activity in a non Agreement State, provided the provisions of 10 CFR 150.20 (b)(1) have been met. Pursuant to 10 CFR 150.20(b)(1), persons engaging in such activity must file 4 copies of NRC Form-241," Report of Proposed Activities in Non-Agreement States",
with the Regional Administrator of the appropriate NRC regional office. Based on the facts set forth above in Part II, the NRC has concluded that Mr. Todd and RSDI willfully possessed and used Troxler moisture gauges, without a specific or general license issued by the NRC, in violation of 10 CFR 30.3 and 10 CFR 150.20. Furthermore, based on the facts that (1) Mr. Todd told Ol that he knew that his and RSDl's activities in Puerto Rico required an NRC license and (2)
Mr. Todd chose not to obtain an NRC license, the NRC has concluded that Mr. Todd and RSDI have engaged in deliberate misconduct, in violation of 10 CFR 30.10. Both Mr. Todd's and RDSI's past activities raise serious doubt as to whether they can be relied upon to comply with NRC requirements in the future.
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!' . Mr. Todd's and RDSI's failure to obtain a specific or general license resulted in the NRC being uninformed that activities involving the use of radioactive materials were being conducted in l ,
areas of NRC Jurisdiction. Because of RSDl's failure to file NRC Form 241, the NRC was l
~ denied the opportunity to inspect the licensee's facility and to verify that radioactive materials were being safely used and atored. Furthermore, the NRC was informed by the State of 1
Maryland that Mr. Todd had a similar violation as a Maryland Licensee. Specifically, RSDI was issued a cMI penalty by the State of Maryland for the use of radioactive material without a license, in 1987.
In view of the foregoing, the Director, Office of Enforcement, lacks reasonable assurance that licensed activities can be conducted in compliance with NRC requirements and that the hc alth and safety of the public would be protected if Mr. Todd and RSDI were perrr.itted at this time to be involved in NRC-licensed activities. Therefore, the Director has determined that the public health, safety and interest require that Mr. Todd and RSDI be prohibited from any involvement in NRC licensed activities for a period of one year from the date of this Order. Additionally, Mr. Todd and RSDI are required to notify the NRC of their first employment in NRC-licensed
- activities following the prohibition period.
IV Accordingly, pursuant to sections 81,161b,1611,161o,182 and 186 of the Atomic Energy Act of 1954, as amended, and the Commission's regulations in 10 CFR 2.202,10 CFR 30.3 and i
l 10 CFR 150.20,-IT IS HEREBY ORDERED, EFFECTIVE IMMEDIATELY, THAT:
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- 1. For a period of one year from the date of this Confirmatory Order, Mr. Dale Todd and RSDI are prohibited from engaging in or exercising contmi over individuals engaged in NRC-licensed activities. NRC-licensed activities are those activities which require a specific or general license issued by the NRC including, but not limited to, those activities of Agreement State licenseet conducted pursuant to the authority granted by
- 10 CFR 150.20. This prohibition includes, but is not limited to: (1) using licensed ;
materials or conducting licensed activities in any capacity within the jurisdiction of the i NRC; and (2) supervising or directing any licensed activities conducted within the jurisdiction of the NRC. ;
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- l. 2. At least five days prior to the first time that Mr. Dale Todd and/or RSDI engage in or L
l exercise control over, NRC licensed activities during a period of five years following the l one year prohibition stated in Section IV.1 above, the Director, Office of Enforcement, U. !
S. Nuclear Regulatory Commission, Washington, DC 20555, shall be notified in writing of the name, address, and telephone number of the NRC or Agreement State licensee and the location where the licensed activities will be performed. The notice shall be accompanied by a statement, under oath or affirmation, that Mr. Dale Todd and/or RSDI understand the applica'ble NRC requirements and are committed to compliance with NRC requirements. Mr. Dale Todd and/or RSDI also should provide a basis as to why the Commission should have confidence that Mr. Dale Todd and/or RDSI will now i comply with applicable NRC requirements.
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- The Director, Office of Enforcement, U. S. Nuclear Regulatory Commission may relax or
- rescind, in writing, any of the above conditions upon a showing by Mr. Dale Todd and/or RSDI j, of good cause.
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Mr. Todd and Roof Systems Des!gn, Inc. waive the right to contest this Order in any manner, including requesting a hearing on this Order.
I VI Any person adversely affected by this Confirmatory Order, other than Mr. Dale Todd and RSDI, may request a hearing within 20 days of its issuance. Where good cause is shown, i
consideration will be given to extending the time to request a hearing. A request for extension
-of time must be made in writing to the Director, Office of Enforcement, U.S. Nuclear Regulatory l Commission Washington, D.C. 20555, and include a statement of good cause for the extension. Any request for a hearing shall be submitted to the Secretary, U.S. Nuclear Regulatory Commission, ATTN: Chief, Rulemakings and Adjudications Staff, Washington, D.C.
20555. Coples also shall be sent to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555, to the Deputy Assistant General Counsel for Enforcement at the same address, and to the Regional Administrator, NRC Region 11, Atlanta Federal Center,61 Forsyth Street, S.W., Suite 23T85, Atlanta, Georgia 30303-3415 and to Mr.
Todd. If such a person 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 2.714(d).
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i 11 a hearing is requested by a person whose interest is adversely affected, other than Mr. Todd and RSDI, the Commission willissue an Order designating the time and place of any hearing.
If a hearing is held, the issue to be considered at such hearing shall be whether this
~ Confirmatory Order should be sustained.
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In the absence of any request for hearing, or written approval of an extension of time in which 1
to request a hearing, the provisions specified Section IV above shall be final 20 days from the date of this Order 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.
This Order was consented to:
By: Dated:
Dale Todd, as an affected party FOR THE LICENSEE, ROOF SYSTEMS DESIGN, INC.
By: Dated:
Dale Todd, President Roof Systems Design,Inc.
FOR THE NUCLEAR REGULATORY COMMISSION By:
James Lieberman, Director Office of Enforcement Order Dated at Rockville, Maryland on:
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