ML20210P023
| ML20210P023 | |
| Person / Time | |
|---|---|
| Issue date: | 10/18/1984 |
| From: | Dircks W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Asselstine, Palladino, Roberts NRC COMMISSION (OCM) |
| Shared Package | |
| ML20210N999 | List: |
| References | |
| FOIA-84-856 NUDOCS 8702130279 | |
| Download: ML20210P023 (3) | |
Text
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NUCLEAR REGULATORY COMMISSION
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October 18, 1984
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MEMORANDUM FOR: Chairman Palladino Comissioner Roberts Comissioner Asselstine Comissioner Bernthal Comissioner Zech FROM:
William J. Dircks, Executive Director for Operations
SUBJECT:
ISSUANCE OF A SUBPOENA TO OBTAIN TESTIMONY 0F ONE INDIVIDUAL REGARDING THE NUCLEAR PHARMACY, INCORPORATED INVESTIGATION At the request of the Office of Investigations (01), James G. Keppler, Regional Administrator, has requested my authorization to issue a subpoena to obtain the testimony of Mr. Herb Jan in regard to the OI investigation of Nuclear Pharmacy Incorporated (NPI).
The circumstances concerning the issuance of the subpoena are as follows:
Mr. Jan, a Registered Pharmacist, was one of three individuals involved in an initially undetected Molybdenum-99 breakthrough event, which occurred on the 18th,19th, and 20th of May 1984, at the Chicago, Illinois office of NPI.
This undetected Molybdenum-99 breakthrough was caused by a failure of licensee staff personnel to perform certain required quality control tests and resulted in a misadministration of radiological pharmaceuticals to approximately twelve patients.
OI is currently investigating the events surrounding the licensee's failure to perform the breakthrough tests and its apparently false certification that these required QC tests were perfonned. Additionally, OI is conducting an investigation to determine whether deliberate efforts were made by certain licensee management and staff personnel to deceive the NRC as to the seriousness of this event by providing the NRC with false oral and written information.
j Mr. Jan is no longer employed by NPI. When Mr. Jan was recently contacted by l
the NRC OI investigators in an effort to interview him as to his knowledge of these matters, he declined to provide any infonnation to the NRC without being served a subpoena. He did, however, state that if served with a subpoena he would without hesitation cooperate with the NRC investigators. The other two individuals involved in the breakthrough event have already been interviewed by 01.
i 8702130279 870206 PDR FOIA CAMPER 84-856 PDR 10 FL
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. It should be noted that in a previous matter involving NPI, the Department of Justice criticized the Commission for interfering with their criminal case. While the NRC has the clear authority to continue its own investi-gation where health and safety matters so require, I believe the Depart-ment of Justice should be notified of the pendency of this case before issuance of the subpoena.
(Sipse William J.Dirckr William J. Dircks Executive Director for Operations DISTRIBUTION ELD Rdr
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t O.5, Nuclear Regulatory Commission ROUTING SLIP Organization OFFICE OF INSPECTION AND ENFORCEMENT TO Name INITIAL-CATE I
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Richard C. DeYoung, Director James M.' Taylor, Deputy Ofrector l-J. Nels Grace, Director, Division of' Quality fj
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James G.
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Quality surance, Safeguarcy, and Inspection Prog.
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Edward L, Jo dan. Director Division of I
Emergency eparedness nd Engineering Rescense Sheldon A. Sc artz, puty Director, Division of Emergency Pr ared ss and Engineering Response i
Jane A. Axolrad, rector Enforcement Staf JamesE.4agl rdo Dire T.esMTc4L-Tr nin *
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