In the Matter of Stanley Pitts; Order Prohibiting Involvement in NRC-Licensed Activities (Effective Immediately), 47263-47264 [E5-4373]
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Federal Register / Vol. 70, No. 155 / Friday, August 12, 2005 / Notices
Office of Polar Programs, Rm. 755,
National Science Foundation, 4201
Wilson Boulevard, Arlington, VA 22230.
SUPPLEMENTARY INFORMATION: On June
24, 2005, the National Science
Foundation published a notice in the
Federal Register of permit applications
received. A permit was issued on
August 5, 2005 to: Wayne Z.
Trivelpiece, Permit No. 2006–016.
Nadene G. Kennedy,
Permit Officer.
[FR Doc. 05–16024 Filed 8–11–05; 8:45 am]
BILLING CODE 7555–01–M
NUCLEAR REGULATORY
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[Docket No. 50–301]
Nuclear Management Company, LLC;
Notice of Issuance of Amendment to
Facility Operating License
The U.S. Nuclear Regulatory
Commission (Commission) has issued
Amendment No. 225 to Facility
Operating License No. DPR–27 issued to
Nuclear Management Company, LLC
(the licensee), which modified the Point
Beach Nuclear Plant (PBNP), Unit 2,
Final Safety Analysis Report to include
a reactor vessel head drop accident for
operation of the PBNP, Unit 2, located
in Two Rivers, WI. The amendment is
effective as of the date of issuance.
The amendment authorized changes
to the design basis and Final Safety
Analysis Report (FSAR) related to a
postulated reactor vessel head drop
accident in accordance with 10 CFR
50.71(e).
The application for the amendment
complies with the standards and
requirements of the Atomic Energy Act
of 1954, as amended (the Act), and the
Commission’s rules and regulations.
The Commission has made appropriate
findings as required by the Act and the
Commission’s rules and regulations in
10 CFR Chapter I, which are set forth in
the license amendment.
Notice of Consideration of Issuance of
Amendment to Facility Operating
License and Opportunity for a Hearing
in connection with this action was
published in the Federal Register on
May 13, 2005 (70 FR 25621).
For further details with respect to this
action see (1) the application for
amendment dated April 29, 2005, as
supplemented by letters dated May 13,
May 19, June 1, June 4, June 9, June 20,
and June 23, 2005, (2) Amendment No.
225 to License No. DPR–301, and (3) the
Commission’s related Safety Evaluation
dated June 24, 2005. The Commission
VerDate jul<14>2003
17:14 Aug 11, 2005
Jkt 205001
made a final no significant hazards
consideration determination in its
Safety Evaluation dated June 24, 2005.
Documents may be examined, and/or
copied for a fee, at the NRC’s Public
Document Room, located at One White
Flint North, Public File Area O1
F21,11555 Rockville Pike (first floor),
Rockville, Maryland. Publicly available
records will be accessible electronically
from the Agencywide Documents
Access and Management Systems
(ADAMS) Public Electronic Reading
Room on the Internet at the NRC Web
site, https://www.nrc.gov/NRC/ADAMS/
index.html. Persons who do not have
access to ADAMS or who encounter
problems in accessing the documents
located in ADAMS should contact the
NRC Public Document Room Reference
staff by telephone at 1–800–397–4209,
301–415–4737 or by e-mail to
pdr@nrc.gov.
Dated at Rockville, Maryland, this 24th day
of June 2005.
For the Nuclear Regulatory Commission.
Harold K. Chernoff,
Sr. Project Manager, Section 1, Project
Directorate III, Division of Licensing Project
Management, Office of Nuclear Reactor
Regulation.
[FR Doc. E5–4374 Filed 8–11–05; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[IA–05–031]
In the Matter of Stanley Pitts; Order
Prohibiting Involvement in NRCLicensed Activities (Effective
Immediately)
I
Stanley Pitts (Mr. Pitts) was formerly
employed as a fully qualified technician
and authorized nuclear gauge operator
by Professional Inspection and Testing
Services, Inc. (Licensee) of
Chambersburg, Pennsylvania.
Professional Inspection and Testing
Services, Inc., holds License No. 37–
28744–01 issued by the Nuclear
Regulatory Commission pursuant to 10
CFR part 30 on August 4, 1999. The
license authorized the possession and
use of cesium-137 and americium-241
sealed sources to be used in portable
gauging devices in accordance with the
conditions specified therein.
II
On April 7, 2004, the Licensee
reported to the NRC that a Troxler
Model 3430 moisture/density gauge
(Serial No. 75–5183) containing 9 mCi
of cesium-137 and 44 mCi of
PO 00000
Frm 00096
Fmt 4703
Sfmt 4703
47263
americium-241 (NRC-licensed
radioactive material) was unaccounted
for and considered stolen by an
employee/authorized user, (namely, Mr.
Pitts) who was performing work at a
temporary job site in Prince George’s
County, Maryland. This nuclear gauge,
along with other licensee property, was
last known to have been used by Mr.
Pitts on March 25, 2004. The gauge was
recovered in Bladensburg, Maryland by
police on April 15, 2004, in an
apartment formerly occupied by Mr.
Pitts. Neither the licensee nor the police
were able to locate Mr. Pitts and an
arrest warrant was issued regarding the
theft of company property that belonged
to Professional Inspection and Testing
Services, Inc. As of the date of this
Order, Mr. Pitts remains a fugitive with
an outstanding arrest warrant.
The NRC Office of Investigations (OI)
conducted an investigation into the
reported loss of the nuclear gauge. OI
Report No. 1–2004–027 was issued on
February 9, 2005. Information
developed during that investigation
verified that Mr. Pitts was authorized by
the Licensee to use their licensed
moisture/density gauges until April 2,
2004, when his employment was
terminated by the Licensee. Based on
the evidence developed during the
investigation, the NRC concluded that
Mr. Pitts possessed the nuclear gauge for
a period of approximately 13 days after
April 2, 2004, when he was no longer
employed by the Licensee and was not
authorized by the Licensee nor licensed
by the NRC as required under 10 CFR
part 30. Additionally, Mr. Pitts did not
maintain control of the nuclear gauge
resulting in the loss of NRC licensed
radioactive material in the public
domain for approximately twenty-one
days.
III
Based on the above, the NRC
concludes that Mr. Pitts, a former
employee of the Licensee, deliberately
violated 10 CFR 30.3 when he
apparently had stolen and illegally
possessed the portable gauging device
containing licensed radioactive material
that belonged to Professional Inspection
and Testing Services, Inc. 10 CFR 30.3
requires that no person shall
manufacture, produce, transfer, receive,
acquire, own, possess, or use byproduct
material except as authorized in a
specific or general license. The NRC
must be able to rely on its licensees, and
employees of licensees, to comply with
NRC requirements, including the
requirement that licensed material
cannot be acquired, possessed or
transferred without a specific or general
license. The deliberate violation of 10
E:\FR\FM\12AUN1.SGM
12AUN1
47264
Federal Register / Vol. 70, No. 155 / Friday, August 12, 2005 / Notices
CFR 30.3 by Mr. Pitts, as discussed
above, has raised serious doubt as to
whether he can be relied upon to
comply with NRC requirements in the
future.
Consequently, I lack the requisite
reasonable assurance that licensed
activities can be conducted in
compliance with the Commission’s
requirements and that the health and
safety of the public will be protected if
Mr. Pitts were permitted at this time to
be involved in NRC-licensed activities.
Therefore, the public health, safety and
interest require that Mr. Pitts be
prohibited from any involvement in
NRC-licensed activities for a period of
five (5) years from the date of this Order.
Furthermore, pursuant to 10 CFR 2.202,
I find that the significance of Mr. Pitts’s
conduct described above is such that the
public health, safety and interest require
that this Order be immediately effective.
IV
Accordingly, pursuant to sections 81,
161b, 161i, 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 30.10, and 10 CFR
150.20, it is hereby ordered, effective
immediately, that:
1. Stanley Pitts is prohibited for five
(5) years from the date of this Order
from engaging in NRC-licensed
activities. NRC-licensed activities are
those activities that are conducted
pursuant to a specific or general license
issued by the NRC, including, but not
limited to, those activities of Agreement
State licensees conducted pursuant to
the authority granted by 10 CFR 150.20.
2. If Mr. Pitts is currently involved in
NRC-licensed activities, he must
immediately cease those activities, and
inform the NRC of the name, address
and telephone number of the employer,
and provide a copy of this order to the
employer.
3. Subsequent to expiration of the five
year prohibition, Mr. Stanley Pitts shall,
for the next five years and within 20
days of acceptance of his first
employment offer involving NRClicensed activities or his becoming
involved in NRC-licensed activities, as
defined in Paragraph IV.1 above,
provide notice to the Director, Office of
Enforcement, U.S. Nuclear Regulatory
Commission, Washington, DC 20555, of
the name, address, and telephone
number of the employer or entity where
he is, or will be, involved in the NRClicensed activities. In the notification,
Stanley Pitts shall include a statement
of his commitment to compliance with
regulatory requirements and the basis
why the Commission should have
VerDate jul<14>2003
17:14 Aug 11, 2005
Jkt 205001
confidence that he will now comply
with applicable NRC requirements.
The Director, Office of Enforcement,
may, in writing, relax or rescind any of
the above conditions upon
demonstration by Mr. Pitts of good
cause.
V
In accordance with 10 CFR 2.202,
Stanley Pitts must, and any other person
adversely affected by this Order may,
submit an answer to this Order, and
may request a hearing on this Order,
within 20 days of the date of this Order.
Where good cause is shown,
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
Commission, Washington, DC 20555,
and include a statement of good cause
for the extension. The answer may
consent to this Order. Unless the answer
consents to this Order, the answer shall,
in writing and under oath or
affirmation, specifically admit or deny
each allegation or charge made in this
Order and shall set forth the matters of
fact and law on which Mr. Pitts or other
person adversely affected relies and the
reasons as to why the Order should not
have been issued. Any answer or
request for a hearing shall be submitted
to the Secretary, U.S. Nuclear
Regulatory Commission, Attn:
Rulemakings and Adjudications Staff,
Washington, DC 20555. Copies also
shall be sent to the Director, Office of
Enforcement, U.S. Nuclear Regulatory
Commission, Washington, DC 20555, to
the Assistant General Counsel for
Materials Litigation and Enforcement at
the same address, to the Regional
Administrator, NRC Region I, 475
Allendale Road, King of Prussia,
Pennsylvania, and to Mr. Pitts if the
answer or hearing request is by a person
other than Mr. Pitts. Because of
continuing disruptions in delivery of
mail to United States Government
offices, it is requested that answers and
requests for hearing be transmitted to
the Secretary of the Commission either
by means of facsimile transmission to
301–415–1101 or by e-mail to
hearingdocket@nrc.gov and also to the
Office of the General Counsel either by
means of facsimile transmission to 301–
415–3725 or by e-mail to
OGCMailCenter@nrc.gov. If a person
other than Mr. Pitts 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 2.309.
PO 00000
Frm 00097
Fmt 4703
Sfmt 4703
If a hearing is requested by Mr. Pitts
or a person whose interest is adversely
affected, the Commission will issue 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 Order should be
sustained.
Pursuant to 10 CFR 2.202(c)(2)(I), Mr.
Pitts, may, in addition to demanding a
hearing, at the time the answer is filed
or sooner, move the presiding officer to
set aside the immediate effectiveness of
the Order on the ground that the Order,
including the need for immediate
effectiveness, is not based on adequate
evidence but on mere suspicion,
unfounded allegations, or error.
In the absence of any request for
hearing, or written approval of an
extension of time in which to request a
hearing, the provisions specified in
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.
An answer or a request for hearing shall
not stay the immediate effectiveness of
this order.
Dated this 2nd day of August, 2005.
For The Nuclear Regulatory Commission.
Martin J. Virgilio,
Deputy Executive Director for Materials,
Research, State and Compliance Programs.
[FR Doc. E5–4373 Filed 8–11–05; 8:45 am]
BILLING CODE 7590–01–P
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[Docket No. 030–05626]
Notice of Environmental Assessment
Related to the Issuance of a License
Amendment to Byproduct Material
License No. 34–00507–16, for the
National Aeronautics And Space
Administration, Cleveland, OH
Nuclear Regulatory
Commission.
ACTION: Environmental Assessment and
Finding of No Significant Impact for
license amendment.
AGENCY:
FOR FURTHER INFORMATION CONTACT:
George M. McCann, Senior Health
Physicist, Decommissioning Branch,
Division of Nuclear Materials Safety,
Region III, U.S. Nuclear Regulatory
Commission, 2443 Warrenville Road,
Lisle, Illinois 60532–4352; telephone:
(630) 829–9856; or by e-mail at
gmm@nrc.gov.
E:\FR\FM\12AUN1.SGM
12AUN1
]]>Agencies
[Federal Register Volume 70, Number 155 (Friday, August 12, 2005)]
[Notices]
[Pages 47263-47264]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-4373]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[IA-05-031]
In the Matter of Stanley Pitts; Order Prohibiting Involvement in
NRC-Licensed Activities (Effective Immediately)
I
Stanley Pitts (Mr. Pitts) was formerly employed as a fully
qualified technician and authorized nuclear gauge operator by
Professional Inspection and Testing Services, Inc. (Licensee) of
Chambersburg, Pennsylvania. Professional Inspection and Testing
Services, Inc., holds License No. 37-28744-01 issued by the Nuclear
Regulatory Commission pursuant to 10 CFR part 30 on August 4, 1999. The
license authorized the possession and use of cesium-137 and americium-
241 sealed sources to be used in portable gauging devices in accordance
with the conditions specified therein.
II
On April 7, 2004, the Licensee reported to the NRC that a Troxler
Model 3430 moisture/density gauge (Serial No. 75-5183) containing 9 mCi
of cesium-137 and 44 mCi of americium-241 (NRC-licensed radioactive
material) was unaccounted for and considered stolen by an employee/
authorized user, (namely, Mr. Pitts) who was performing work at a
temporary job site in Prince George's County, Maryland. This nuclear
gauge, along with other licensee property, was last known to have been
used by Mr. Pitts on March 25, 2004. The gauge was recovered in
Bladensburg, Maryland by police on April 15, 2004, in an apartment
formerly occupied by Mr. Pitts. Neither the licensee nor the police
were able to locate Mr. Pitts and an arrest warrant was issued
regarding the theft of company property that belonged to Professional
Inspection and Testing Services, Inc. As of the date of this Order, Mr.
Pitts remains a fugitive with an outstanding arrest warrant.
The NRC Office of Investigations (OI) conducted an investigation
into the reported loss of the nuclear gauge. OI Report No. 1-2004-027
was issued on February 9, 2005. Information developed during that
investigation verified that Mr. Pitts was authorized by the Licensee to
use their licensed moisture/density gauges until April 2, 2004, when
his employment was terminated by the Licensee. Based on the evidence
developed during the investigation, the NRC concluded that Mr. Pitts
possessed the nuclear gauge for a period of approximately 13 days after
April 2, 2004, when he was no longer employed by the Licensee and was
not authorized by the Licensee nor licensed by the NRC as required
under 10 CFR part 30. Additionally, Mr. Pitts did not maintain control
of the nuclear gauge resulting in the loss of NRC licensed radioactive
material in the public domain for approximately twenty-one days.
III
Based on the above, the NRC concludes that Mr. Pitts, a former
employee of the Licensee, deliberately violated 10 CFR 30.3 when he
apparently had stolen and illegally possessed the portable gauging
device containing licensed radioactive material that belonged to
Professional Inspection and Testing Services, Inc. 10 CFR 30.3 requires
that no person shall manufacture, produce, transfer, receive, acquire,
own, possess, or use byproduct material except as authorized in a
specific or general license. The NRC must be able to rely on its
licensees, and employees of licensees, to comply with NRC requirements,
including the requirement that licensed material cannot be acquired,
possessed or transferred without a specific or general license. The
deliberate violation of 10
[[Page 47264]]
CFR 30.3 by Mr. Pitts, as discussed above, has raised serious doubt as
to whether he can be relied upon to comply with NRC requirements in the
future.
Consequently, I lack the requisite reasonable assurance that
licensed activities can be conducted in compliance with the
Commission's requirements and that the health and safety of the public
will be protected if Mr. Pitts were permitted at this time to be
involved in NRC-licensed activities. Therefore, the public health,
safety and interest require that Mr. Pitts be prohibited from any
involvement in NRC-licensed activities for a period of five (5) years
from the date of this Order. Furthermore, pursuant to 10 CFR 2.202, I
find that the significance of Mr. Pitts's conduct described above is
such that the public health, safety and interest require that this
Order be immediately effective.
IV
Accordingly, pursuant to sections 81, 161b, 161i, 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 30.10, and 10 CFR 150.20, it is
hereby ordered, effective immediately, that:
1. Stanley Pitts is prohibited for five (5) years from the date of
this Order from engaging in NRC-licensed activities. NRC-licensed
activities are those activities that are conducted pursuant to a
specific or general license issued by the NRC, including, but not
limited to, those activities of Agreement State licensees conducted
pursuant to the authority granted by 10 CFR 150.20.
2. If Mr. Pitts is currently involved in NRC-licensed activities,
he must immediately cease those activities, and inform the NRC of the
name, address and telephone number of the employer, and provide a copy
of this order to the employer.
3. Subsequent to expiration of the five year prohibition, Mr.
Stanley Pitts shall, for the next five years and within 20 days of
acceptance of his first employment offer involving NRC-licensed
activities or his becoming involved in NRC-licensed activities, as
defined in Paragraph IV.1 above, provide notice to the Director, Office
of Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC
20555, of the name, address, and telephone number of the employer or
entity where he is, or will be, involved in the NRC-licensed
activities. In the notification, Stanley Pitts shall include a
statement of his commitment to compliance with regulatory requirements
and the basis why the Commission should have confidence that he will
now comply with applicable NRC requirements.
The Director, Office of Enforcement, may, in writing, relax or
rescind any of the above conditions upon demonstration by Mr. Pitts of
good cause.
V
In accordance with 10 CFR 2.202, Stanley Pitts must, and any other
person adversely affected by this Order may, submit an answer to this
Order, and may request a hearing on this Order, within 20 days of the
date of this Order. Where good cause is shown, 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 Commission, Washington, DC 20555,
and include a statement of good cause for the extension. The answer may
consent to this Order. Unless the answer consents to this Order, the
answer shall, in writing and under oath or affirmation, specifically
admit or deny each allegation or charge made in this Order and shall
set forth the matters of fact and law on which Mr. Pitts or other
person adversely affected relies and the reasons as to why the Order
should not have been issued. Any answer or request for a hearing shall
be submitted to the Secretary, U.S. Nuclear Regulatory Commission,
Attn: Rulemakings and Adjudications Staff, Washington, DC 20555. Copies
also shall be sent to the Director, Office of Enforcement, U.S. Nuclear
Regulatory Commission, Washington, DC 20555, to the Assistant General
Counsel for Materials Litigation and Enforcement at the same address,
to the Regional Administrator, NRC Region I, 475 Allendale Road, King
of Prussia, Pennsylvania, and to Mr. Pitts if the answer or hearing
request is by a person other than Mr. Pitts. Because of continuing
disruptions in delivery of mail to United States Government offices, it
is requested that answers and requests for hearing be transmitted to
the Secretary of the Commission either by means of facsimile
transmission to 301-415-1101 or by e-mail to hearingdocket@nrc.gov and
also to the Office of the General Counsel either by means of facsimile
transmission to 301-415-3725 or by e-mail to OGCMailCenter@nrc.gov. If
a person other than Mr. Pitts 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 2.309.
If a hearing is requested by Mr. Pitts or a person whose interest
is adversely affected, the Commission will issue 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 Order should be
sustained.
Pursuant to 10 CFR 2.202(c)(2)(I), Mr. Pitts, may, in addition to
demanding a hearing, at the time the answer is filed or sooner, move
the presiding officer to set aside the immediate effectiveness of the
Order on the ground that the Order, including the need for immediate
effectiveness, is not based on adequate evidence but on mere suspicion,
unfounded allegations, or error.
In the absence of any request for hearing, or written approval of
an extension of time in which to request a hearing, the provisions
specified in 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. An answer or a request for
hearing shall not stay the immediate effectiveness of this order.
Dated this 2nd day of August, 2005.
For The Nuclear Regulatory Commission.
Martin J. Virgilio,
Deputy Executive Director for Materials, Research, State and Compliance
Programs.
[FR Doc. E5-4373 Filed 8-11-05; 8:45 am]
BILLING CODE 7590-01-P
