ML20216J700
| ML20216J700 | |
| Person / Time | |
|---|---|
| Issue date: | 03/11/1998 |
| From: | Miller H NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I) |
| To: | Cowan G AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML20216J706 | List: |
| References | |
| 1-97-034, 1-97-34, IA-98-008, IA-98-8, NUDOCS 9803240042 | |
| Download: ML20216J700 (4) | |
Text
4 e
,aFtrg g UNITED STATES
[. g NUCLEAR REGULATORY COMMISSION ;
E REGloN 1 5
S & 475 ALLENDALE ROAD KING oF PRUSSIA, PENNSYLVANIA 19406-1415 March 11, 1998 IA 98-008 Mr. Gary L. Cowan
[HOME ADDRESS DELETED UNDER 2.790]
SUBJECT:
NOTICE OF VIOLATION AND DEMAND FOR INFORMATION (NRC 01 investigation 1-97-034)
Dear Mr. Cowan:
This refers to an investigation conducted by the NRC Region i Office of Investigations (01) which was initiated in September 1997 in response to information received from your j employer, Defense Logistics Agency (DLA), Letterkenny Army Depot, that seven 3-curie i tritium sources were missing and presumed stolen from the depot. Based on the Ol investigation, the NRC determined that you, while employed as a motor vehicle operator at the facility, deliberately took the sources to your personal residence even though you knew that such removal of the sources was a violation of regulations for the control of radioactive materials. In the process of removing these sources to your personal residence, you broke one of the glass encapsulated sources resulting in minor contamination. While you were not involved in NRC licensed activities at the time you removed the sources from DLA, you have previously been involved in such activities by serving as the alternate Radiation Protection Officer. A synopsis of the 01 investigation report is enclosed.
During your interview with Ol in September 1997, you admitted that you took the seven sources, acting on your own, and you also indicated that you knew that these items were controlled and should not be taken for personal use. As such, you deliberately violated NRC requirements by possessing NRC licensed material without a license. The violation, which is described in the enclosed Notice of Violation, is classified at Severity Level lliin accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions" (Enforcement Pol!cy), NUREG-1600.
You should be aware that NRC regulations allow the issuance of civil sanctions directly against unlicensed persons who engage in deliberate misconduct, causing a violation of NRC f
requirements. Deliberate misconduct includes an intentional act or omission that the person knows constitutes a violation of a requirement, procedure or training instruction. An Order may also be issued to an individual to prevent his or her engaging in licensed activities at all NRC licensed f acilities. A violation of this regulation as set forth in 10 CFR 30.10, " Deliberate Misconduct", may also lead to criminal prosecution.
p DDS '
1 1
$O029 l, 9803240042 980311 *
4.
- y; 4
Mr. Gary L. Cowan 2 The NRC gave serious consideration to the issuance of an Order in this case. However, after -
consultation with the Director, Office of Enforcement, I have decided to issue the enclosed Notice of Violation, and refrain from issuing such an Order, after considering the facts that (1) you immediately admitted your wrongdoing when first questioned by the NRCinvestigator, and appeared to show significant remorse for your actions; (2) the licensee took significant disciplinary action against you; (3) you were not involved in NRC licensed activities at the time this theft' occurred; and (4) you were not in a management or supervisory position at the facility. Nonetheless, you should be aware that engagement in any similar wrongdoing in the future may result in more significant enforcement action.
You are not required to respond at this time to the enclosed Notice. However, if you do provide a response, you should follow the instructions specified in the enclosed Notice when
- preparing your response.
Demand for information However, if in the next five years, you are to become involved in NRC licensed activities, then, pursuant to Sections 161c,161o,182, and 186 of the Atomic Energy Act of 1954, as amended, and the Commission's regulations in 10 CFR 2.204,you are to provide the NRC Regional Administrator, Region 1, written notice at least two weeks prior to being involved with
' any licensed material activities. The notice should include a statement of the following: 1) a description of the activities to be conducted; 2) the license under when the activity is permitted; and 3) a statement that you understand the requirements and limitations of the license and will adhere to them. This Demand for Information expires five years from the date {
of this letter.
If you do not intend to provide the information set out in the above Demand for information, you may,.within 30 days of this Demand for Information, contest this Demand by filling a written statement with the Regional Administrator, Region I, under oath or affirmation setting forth your reasons why this Demand for Information should not have been issued. Copies shall also be sent to the Director, Office of Enforcement, and the Assistant General Counsel for Hearings and Enforcement, both at the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. In the absence of such a response, you are to comply with the Demand for information.
In accordance with 10 CFR 2.790 of the NRC's " Rules of Practice," a copy of this letter, its enclosures, and your response will be placed in the NRC Public Document Room (PDR).
l I
o
- e r
Mr. Gary L. Cowan- 3' If you have any questions or comments, please contact Mr. John Kinneman at (610) 337-5252.
Sincerely, H rt J. Miller Regional Administrator V
Enclosures:
- 1. Notice of Violation
- 2. Synopsis of 01 investigation No. 1-97-034 cc w/encis:
Commonwealth of Pennsylvania Mr. Jeffrey R. McCauslin, P.E., Director Administrative Support Center East
' Defense Logistics Agency
' Defense Distribution Region East
-ASCE, Building 81 14 Dedication Drive, Suite 3 New Cumberland, Pennsylvania 17070-5001 l
Mr. John Stamatellos i I
Acting Director, Office of Public Safety Defense Logistic Agency Defense Distribution Center DDC-DS 2001 Mission Drive New Cumberland, Pennsylvania 17070-5000 i
l I
j
, + . . .. . . . , . , , . . . . . . . . -)
o
- 9 Mr. Gary L. Cowren DISTRIBUTlQH:
SECY.
CA PUBLIC LCallan, EDO AThadani, DEDE JLieberman, OE -
HMiller, Al CPaperiello, NMSS DCool, NMSS FDavis, OGC Enforcement Coordinators Rl, Ril, Rlli, RIV BBeecher, OPA HBell, OlG DGangart, OSP GCaputo, Of TMartin, AEOD OE:EA
.NUDOCS Nuclear Safety Information Center (NSIC)
LAS:DNMS (RI)
DScrenci, PAO-Ri NSheehan, PAO-RI
._ ..