In the Matter of Mr. Nicholas A. Chaimov; Order Prohibiting Involvement in NRC-Licensed Activities (Effective Immediately), 54528-54529 [E6-15309]
Download as PDF
<![CDATA[
54528
Federal Register / Vol. 71, No. 179 / Friday, September 15, 2006 / Notices
Source: The World Health Organization
(WHO).
2. Immunization: The average of DPT3
and measles immunization rates for the
most recent year available. Source: The
World Health Organization (WHO).
3. Total Public Expenditure on
Primary Education: Total expenditures
by government at all levels of primary
education divided by GDP. Source: The
United Nations Educational, Scientific
and Cultural Organization (UNESCO)
and National Governments.
4. Girls’ Primary Completion Rate:
The number of female students
completing primary education divided
by the population in the relevant age
cohort. Source: World Bank and the
United Nations Educational, Scientific
and Cultural Organization (UNESCO).
[FR Doc. E6–15323 Filed 9–14–06; 8:45 am]
for all Americans with disabilities and
their families. NCD is composed of 15
members appointed by the President
and confirmed by the U.S. Senate.
ACCOMMODATIONS: Those needing
reasonable accommodations should
notify NCD at least two weeks before
these meetings.
LANGUAGE TRANSLATION: In accordance
with E.O. 13166, Improving Access to
Services for Persons with Limited
English Proficiency, those people with
disabilities who are limited English
proficient and seek translation services
for these meetings should notify NCD at
least two weeks before these events.
Dated: September 12, 2006.
Mark S. Quigley,
Acting Executive Director.
[FR Doc. 06–7735 Filed 9–13–06; 2:52 pm]
BILLING CODE 6820–MA–P
BILLING CODE 9210–01–P
NATIONAL COUNCIL ON DISABILITY
NUCLEAR REGULATORY
COMMISSION
Sunshine Act Meetings
[IA–06–046]
Quarterly Meeting/News
Conference/Panel Discussion/
Stakeholder Dialogue.
DATE AND TIME: October 30, 2006, 9 a.m.–
5 p.m. EST.
LOCATION: JW Marriott Hotel, 1331
Pennsylvania Avenue, NW.,
Washington, DC.
STATUS: This meeting will be open to the
public and free of charge.
AGENDA: Reports from the Chairperson
and the Executive Director, Team
Reports, Unfinished Business, New
Business, Announcements,
Adjournment.
TYPE: News Conference, Report Release,
Stakeholder Dialogue.
DATE AND TIME: October 31, 2006, 9 a.m.–
1 p.m.
LOCATION: AARP, Brickfield Conference
Center, enter at 600 E Street, NW.,
Washington, DC.
STATUS: This meeting will be open to the
public and free of charge.
AGENDA: News conference to release
NCD’s report, Creating Livable
Communities, Panel Discussion, and
Stakeholder Dialogue.
SUNSHINE ACT MEETING CONTACT: Mark S.
Quigley, Director of Communications,
NCD, 1331 F Street, NW., Suite 850,
Washington, DC 20004; 202–272–2004
(voice), 202–272–2074 (TTY), 202–272–
2022 (fax).
AGENCY MISSION: NCD is an independent
Federal agency making
recommendations to the President and
Congress to enhance the quality of life
In the Matter of Mr. Nicholas A.
Chaimov; Order Prohibiting
Involvement in NRC-Licensed
Activities (Effective Immediately)
jlentini on PROD1PC65 with NOTICES
TYPE:
VerDate Aug<31>2005
14:51 Sep 14, 2006
Jkt 208001
I
Mr. Nicholas A. Chaimov was
employed as a Senior Reactor Operator
at the Reed College Reactor (the facility).
Reed College (the licensee) is the holder
of License No. R–112 issued by the U.S.
Nuclear Regulatory Commission (NRC
or Commission) pursuant to Part 50 of
Title 10 of the Code of Federal
Regulations (10 CFR) on July 2, 1968, for
the facility. The license authorizes the
operation of the facility in accordance
with the conditions specified therein.
The facility is located on the licensee’s
site in Portland, Oregon.
II
On May 31, 2005, an inspection of
licensed activities was initiated at the
licensee’s facility in response to
allegations received at the NRC
Headquarters on May 19, 2005, that Mr.
Nicholas A. Chaimov had engaged in
deliberate misconduct. Specifically, it
was alleged that Mr. Nicholas A.
Chaimov had deliberately removed a
jumper on the control rod drive circuit
of the reactor without the licensee’s
authorization or approval. Removal of
that jumper prevented the shim rod
from being withdrawn, so that the
reactor could not be taken to the critical
startup condition. That jumper had been
properly installed, in accordance with
the Reed College Reactor Safety
PO 00000
Frm 00076
Fmt 4703
Sfmt 4703
Analysis Report (SAR), until Mr.
Nicholas A. Chaimov deliberately
removed it. The allegation was
unresolved by the inspection and was
subsequently referred to the NRC Office
of Investigations (OI). OI completed its
investigation and substantiated that on
May 10, 2005, Mr. Nicholas A. Chaimov
deliberately removed a jumper on the
control rod drive circuit of the reactor
without the licensee’s authorization or
approval. Although this unauthorized
facility modification did not adversely
impact reactor safety nor was the health
and safety of the public affected because
the facility’s startup checklist detected a
malfunction in the rod control system
and the problem was corrected by the
licensee before operation was allowed,
conduct of this nature by an individual
raises serious doubt as to whether the
individual can be relied upon to comply
with NRC requirements.
III
Based on the information obtained
during the OI investigation, the NRC
concludes that Mr. Nicholas A.
Chaimov, an employee of the licensee,
made changes to the facility so that it
was not as described in the SAR. These
changes caused the licensee to be in
violation of 10 CFR 50.59, ‘‘Changes,
test, and experiments.’’ It was further
found that Mr. Chaimov’s actions were
willful such that he had engaged in
deliberate misconduct in violation of 10
CFR 50.5, ‘‘Deliberate misconduct.’’ The
NRC must be able to rely on the licensee
and its employees to comply with NRC
requirements in all material respects.
Mr. Nicholas A. Chaimov’s action has
raised serious doubt as to whether he
can be relied upon to comply with NRC
requirements.
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. Nicholas A. Chaimov is permitted at
this time to be involved in NRC-licensed
activities. Therefore, the public’s health,
safety, and interest require that Mr.
Nicholas A. Chaimov be prohibited from
any involvement in NRC-licensed
activities for a period of three years from
the date of this Order. Furthermore,
pursuant to 10 CFR 2.202, ‘‘Orders,’’ the
NRC finds that the significance of Mr.
Nicholas A. Chaimov’s conduct
described above is such that the public’s
health, safety, and interest require that
this Order be immediately effective.
IV
Accordingly, pursuant to Sections
104c, 161b, 161i, 161o, 182 and 186 of
E:\FR\FM\15SEN1.SGM
15SEN1
Federal Register / Vol. 71, No. 179 / Friday, September 15, 2006 / Notices
the Atomic Energy Act of 1954, as
amended, and the Commission’s
regulations in 10 CFR 2.202, 10 CFR
50.5, and 10 CFR 150.20, it is hereby
ordered, effective immediately, that:
1. Mr. Nicholas A. Chaimov is
prohibited for three years from the date
of this Order from engaging in NRClicensed 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. Nicholas A. Chaimov is
currently involved with another
licensee in NRC-licensed activities, he
must immediately cease those activities,
and inform the NRC of the name,
address, and telephone number of that
licensee, and provide a copy of this
Order to that licensee.
The Director, Office of Enforcement,
may, in writing, relax or rescind any of
the above conditions upon
demonstration by Mr. Nicholas A.
Chaimov of good cause.
jlentini on PROD1PC65 with NOTICES
V
In accordance with 10 CFR 2.202, Mr.
Nicholas A. Chaimov 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. Nicholas A.
Chaimov 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,
the Assistant General Counsel for
Materials Litigation and Enforcement at
the same address, and Mr. Nicholas A.
Chaimov, if the answer or hearing
request is by a person other than Mr.
VerDate Aug<31>2005
14:51 Sep 14, 2006
Jkt 208001
Nicholas A. Chaimov. 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 the licensee 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(d).
If a hearing is requested by Mr.
Nicholas A. Chaimov 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.
Nicholas A. Chaimov 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 12th day of September 2006.
For the Nuclear Regulatory Commission.
Martin J. Virgilio,
Deputy Executive Director for Materials,
Research, State, and Compliance Programs,
Office of the Executive Director for
Operations.
[FR Doc. E6–15309 Filed 9–14–06; 8:45 am]
BILLING CODE 7590–01–P
PO 00000
Frm 00077
Fmt 4703
Sfmt 4703
54529
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–284]
Notice of Renewal of Facility Operating
License No. R–110; Idaho State
University AGN–201M Research
Reactor
The U.S. Nuclear Regulatory
Commission (the Commission) has
issued Amendment No. 6 to Facility
Operating License No. R–110 for the
Idaho State University (the licensee),
which renews the license for operation
of the Idaho State University AGN–
201M Research Reactor Facility located
at the Idaho State University in
Pocatello, Idaho.
The facility is a research reactor that
has been operating at a power level not
in excess of 5 watts (thermal). The
renewed Facility Operating License No.
R–110 will expire twenty years from its
date of issuance.
The amended license 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
regulations in 10 CFR Chapter I. Those
findings are set forth in the license
amendment. Opportunity for hearing
was afforded in the notice of the
proposed issuance of this renewal in the
Federal Register on January 8, 1996 (61
FR 563). No request for a hearing or
petition for leave to intervene was filed
following notice of the proposed action.
Continued operation of the reactor
will not require alteration of buildings
or structures, will not lead to significant
changes in effluents released from the
facility to the environment, will not
increase the probability or consequences
of accidents, and will not involve any
unresolved issues concerning
alternative uses of available resources.
Based on the foregoing and on the
Environmental Assessment, the
Commission concludes that renewal of
the license will not result in any
significant environmental impacts.
The Commission has prepared a
‘‘Safety Evaluation Report Related to the
Renewal of the Operating License for
the Research Reactor at Idaho State
University’’ for the renewal of Facility
Operating License No. R–110 and has,
based on that evaluation, concluded that
the facility can continue to be operated
by the licensee without endangering the
health and safety of the public.
The Commission also prepared an
Environmental Assessment which was
published in the Federal Register on
April 9, 2004, (69 FR 18988) for the
E:\FR\FM\15SEN1.SGM
15SEN1
]]>Agencies
[Federal Register Volume 71, Number 179 (Friday, September 15, 2006)]
[Notices]
[Pages 54528-54529]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-15309]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[IA-06-046]
In the Matter of Mr. Nicholas A. Chaimov; Order Prohibiting
Involvement in NRC-Licensed Activities (Effective Immediately)
I
Mr. Nicholas A. Chaimov was employed as a Senior Reactor Operator
at the Reed College Reactor (the facility). Reed College (the licensee)
is the holder of License No. R-112 issued by the U.S. Nuclear
Regulatory Commission (NRC or Commission) pursuant to Part 50 of Title
10 of the Code of Federal Regulations (10 CFR) on July 2, 1968, for the
facility. The license authorizes the operation of the facility in
accordance with the conditions specified therein. The facility is
located on the licensee's site in Portland, Oregon.
II
On May 31, 2005, an inspection of licensed activities was initiated
at the licensee's facility in response to allegations received at the
NRC Headquarters on May 19, 2005, that Mr. Nicholas A. Chaimov had
engaged in deliberate misconduct. Specifically, it was alleged that Mr.
Nicholas A. Chaimov had deliberately removed a jumper on the control
rod drive circuit of the reactor without the licensee's authorization
or approval. Removal of that jumper prevented the shim rod from being
withdrawn, so that the reactor could not be taken to the critical
startup condition. That jumper had been properly installed, in
accordance with the Reed College Reactor Safety Analysis Report (SAR),
until Mr. Nicholas A. Chaimov deliberately removed it. The allegation
was unresolved by the inspection and was subsequently referred to the
NRC Office of Investigations (OI). OI completed its investigation and
substantiated that on May 10, 2005, Mr. Nicholas A. Chaimov
deliberately removed a jumper on the control rod drive circuit of the
reactor without the licensee's authorization or approval. Although this
unauthorized facility modification did not adversely impact reactor
safety nor was the health and safety of the public affected because the
facility's startup checklist detected a malfunction in the rod control
system and the problem was corrected by the licensee before operation
was allowed, conduct of this nature by an individual raises serious
doubt as to whether the individual can be relied upon to comply with
NRC requirements.
III
Based on the information obtained during the OI investigation, the
NRC concludes that Mr. Nicholas A. Chaimov, an employee of the
licensee, made changes to the facility so that it was not as described
in the SAR. These changes caused the licensee to be in violation of 10
CFR 50.59, ``Changes, test, and experiments.'' It was further found
that Mr. Chaimov's actions were willful such that he had engaged in
deliberate misconduct in violation of 10 CFR 50.5, ``Deliberate
misconduct.'' The NRC must be able to rely on the licensee and its
employees to comply with NRC requirements in all material respects. Mr.
Nicholas A. Chaimov's action has raised serious doubt as to whether he
can be relied upon to comply with NRC requirements.
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. Nicholas A. Chaimov is permitted at this time
to be involved in NRC-licensed activities. Therefore, the public's
health, safety, and interest require that Mr. Nicholas A. Chaimov be
prohibited from any involvement in NRC-licensed activities for a period
of three years from the date of this Order. Furthermore, pursuant to 10
CFR 2.202, ``Orders,'' the NRC finds that the significance of Mr.
Nicholas A. Chaimov's conduct described above is such that the public's
health, safety, and interest require that this Order be immediately
effective.
IV
Accordingly, pursuant to Sections 104c, 161b, 161i, 161o, 182 and
186 of
[[Page 54529]]
the Atomic Energy Act of 1954, as amended, and the Commission's
regulations in 10 CFR 2.202, 10 CFR 50.5, and 10 CFR 150.20, it is
hereby ordered, effective immediately, that:
1. Mr. Nicholas A. Chaimov is prohibited for three 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. Nicholas A. Chaimov is currently involved with another
licensee in NRC-licensed activities, he must immediately cease those
activities, and inform the NRC of the name, address, and telephone
number of that licensee, and provide a copy of this Order to that
licensee.
The Director, Office of Enforcement, may, in writing, relax or
rescind any of the above conditions upon demonstration by Mr. Nicholas
A. Chaimov of good cause.
V
In accordance with 10 CFR 2.202, Mr. Nicholas A. Chaimov 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. Nicholas A. Chaimov
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,
the Assistant General Counsel for Materials Litigation and Enforcement
at the same address, and Mr. Nicholas A. Chaimov, if the answer or
hearing request is by a person other than Mr. Nicholas A. Chaimov.
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 the licensee 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(d).
If a hearing is requested by Mr. Nicholas A. Chaimov 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. Nicholas A. Chaimov 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 12th day of September 2006.
For the Nuclear Regulatory Commission.
Martin J. Virgilio,
Deputy Executive Director for Materials, Research, State, and
Compliance Programs, Office of the Executive Director for Operations.
[FR Doc. E6-15309 Filed 9-14-06; 8:45 am]
BILLING CODE 7590-01-P
