In the Matter of George Geisser, III, 17195-17197 [2014-06786]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 79, Number 59 (Thursday, March 27, 2014)]
[Notices]
[Pages 17195-17197]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-06786]


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NUCLEAR REGULATORY COMMISSION

[IA-13-033; NRC-2014-0061]


In the Matter of George Geisser, III

AGENCY: Nuclear Regulatory Commission.

ACTION: Order; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an 
order prohibiting Mr. Geisser, III from involvement in NRC-licensed 
activities for a period of 3 years. The order also requires Mr. 
Geisser, III to notify the NRC of any current involvement in NRC-
licensed activities and for a period of 1 year after the 3-year period 
of prohibition has expired, that he provide a written notice for his 
first employment offer involving NRC-licensed activities.

DATES: Effective Date: See attachment.

ADDRESSES: Please refer to Docket ID NRC-2014-0061 when contacting the 
NRC about the availability of information regarding this document. You 
may access publicly-available information related to this action by the 
following methods:
     Federal Rulemaking Web Site: Go to https://www.regulations.gov and search for Docket ID NRC-2014-0061. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: Carol.Gallagher@nrc.gov.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may access publicly available documents online in the NRC 
Library at https://www.nrc.gov/reading-rm/adams.html. To begin the 
search, select ``ADAMS Public Documents'' and then select ``Begin Web-
based ADAMS Search.'' For problems with ADAMS, please contact the NRC's 
Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-
4737, or by email to pdr.resource@nrc.gov. The ADAMS accession number 
for each document referenced in this document (if that document is 
available in ADAMS) is provided the first time that a document is 
referenced.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: Thomas Marenchin, U.S. Nuclear 
Regulatory Commission, Washington DC 20555-0001; telephone: 301-415-
2979, email: Thomas.Marenchin@nrc.gov.

SUPPLEMENTARY INFORMATION: The text of the Order is attached.

    Dated at Rockville, Maryland, this 20th day of March 2014.

    For the Nuclear Regulatory Commission.
Roy P. Zimmerman,
Director, Office of Enforcement.

Attachment--Order Prohibiting Involvement in NRC Licensed Activities

In the Matter of George Geisser, III; Order Prohibiting Involvement in 
NRC Licensed Activities

I.

    George Geisser, III is President of Geisser Engineering Corporation 
(GEC) located in Riverside, Rhode Island. GEC does not possess a 
license issued by the NRC pursuant to Part 30 of Title 10 of the Code 
of Federal Regulations (10 CFR). However, GEC is the holder of a State 
of Rhode Island materials license, which authorizes the possession and 
use of portable moisture/density gauges containing sealed sources of 
radioactive material within the State of Rhode Island. The holder of a 
State license may perform work authorized by the license in other State 
or Federal jurisdictions provided the State licensee files for 
reciprocity with the appropriate regulatory authority.

II.

    On May 9, 2012, the NRC conducted an inspection at GEC facilities, 
with continued in-office review through August 15, 2013. The inspection 
was an examination of activities conducted under the general license 
pursuant to 10 CFR 150.20 as it relates to safety and security, 
compliance with the Commission's rules and regulations, and with the 
conditions of the GEC State of Rhode Island Radioactive Materials 
License RI-3L-050-01. During the inspection, an apparent violation of 
10 CFR 150.20 was identified. The apparent violation involved GEC's 
failure to file for reciprocity on multiple occasions between October 
21, 2009, and June 23, 2011. Specifically, GEC used portable gauges on 
22 occasions in the State of Connecticut and at Newport Naval Station 
in Newport, Rhode Island, an area of exclusive Federal jurisdiction 
within the Agreement State of Rhode Island, without filing for 
reciprocity with the NRC.
    Additionally, an investigation was conducted by the NRC's Office of 
Investigations (OI) to determine whether Mr. Geisser, the President/
Owner of GEC, deliberately engaged in the use of licensed material in 
areas of NRC jurisdiction without filing for reciprocity. Based on the 
evidence gathered during the investigation, which was completed on 
April 26, 2013, the NRC concluded that Mr. Geisser acted deliberately.
    In a letter dated August 16, 2013, the NRC informed Mr. Geisser 
that the NRC was considering escalated enforcement action against him 
for an apparent violation of the NRC's deliberate misconduct rule, 10 
CFR 30.10. Specifically, the NRC concluded that Mr. Geisser apparently 
deliberately conducted and directed employees of GEC to use licensed 
material in areas of NRC jurisdiction on 22 occasions between October 
21, 2009, and June 23, 2011, without filing for reciprocity with the 
NRC, which caused GEC to be in violation of 10 CFR 150.20.
    In a separate letter dated August 16, 2013, the NRC informed Mr. 
Geisser that

[[Page 17196]]

the NRC was also considering escalated enforcement action against his 
company for multiple violations of 10 CFR 150.20. In those letters, the 
NRC offered GEC and Mr. Geisser a choice to attend a Predecisional 
Enforcement Conference (PEC) or to request Alternative Dispute 
Resolution (ADR) with the NRC in an attempt to resolve issues 
associated with the apparent violation. During a conference call with 
NRC staff, Mr. Geisser indicated that he would like to participate in a 
PEC. A PEC was conducted on November 20, 2013.
    During the PEC, Mr. Geisser indicated that, as President of GEC, he 
did, in fact, engage in the use of licensed material in NRC 
jurisdiction without filing for reciprocity with the NRC. However, he 
disagreed that his actions were deliberate. Mr. Geisser stated that he 
deliberately performed licensed activities in the Commonwealth of 
Massachusetts (MA) without filing for reciprocity with MA, but did not 
act deliberately to violate NRC's requirements when he conducted the 
same licensed activities in the State of Connecticut or at the Newport 
Naval Station in Rhode Island without filing for reciprocity with the 
NRC. Mr. Geisser further stated that he thought his Rhode Island 
license covered licensed activities for all locations within Rhode 
Island.
    Based on the results of the inspection and the OI investigation, 
and information provided during the PEC, the NRC concluded that Mr. 
Geisser engaged in deliberate misconduct in violation of 10 CFR 
30.10(a)(1).

III.

    Mr. Geisser, the President of GEC, has engaged in deliberate 
misconduct, in violation of 10 CFR 30.10(a)(1), which has caused GEC to 
be in violation of 10 CFR 150.20(b)(1). GEC, as the holder of an 
Agreement State license, was required under 10 CFR 150.20(b)(1) to file 
NRC Form 241, ``Report of Proposed Activities in Non-Agreement States, 
Areas of Exclusive Federal Jurisdiction, or Offshore Waters,'' a copy 
of its Agreement State specific license, and the appropriate fee, with 
the Regional Administrator of the appropriate NRC regional office 3 
days prior to engaging in licensed activities in areas of NRC 
jurisdiction. The NRC must be able to rely on GEC and its employees to 
act with integrity and comply with all applicable NRC's requirements. 
As President of GEC, Mr. Geisser's actions in causing GEC to violate 10 
CFR 150.20(b)(1) raised serious doubt as to whether he can be relied 
upon to comply with NRC's 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. Geisser were permitted at this time to be 
involved in NRC-licensed activities. Therefore, the public health, 
safety and interest require that Mr. Geisser be prohibited from any 
involvement in NRC-licensed activities for a period of 3 years from the 
effective date of this Order. Additionally, Mr. Geisser is required to 
notify the NRC of his acceptance of his first employment offer 
involving NRC-licensed activities or his first becoming involved in 
NRC-licensed activities for a period of 1 year after the 3-year period 
of prohibition has expired.

IV.

    Accordingly, pursuant to sections 81, 161b, 161i, 182 and 186 of 
the Atomic Energy Act of 1954, as amended, and the Commission's 
regulations in 10 CFR 2.202, and 10 CFR 30.10, it is hereby ordered 
that:
    1. George Geisser, III is prohibited for 3 years from the effective 
date of this Order from engaging in, supervising, directing, or in any 
other way conducting 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 George Geisser, III is currently involved in NRC-licensed 
activities as defined in Paragraph IV.1 above, other than as the 
President of GEC, he must cease those activities no later than the 
effective date of this Order, and within 15 days of the effective date 
of this Order, he must: (a) Provide written notice to the Director, 
Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, 
DC 20555-0001, of a description of those activities, and the name, 
address, and telephone number of the entity where he is involved in the 
NRC-licensed activities, and (b) provide a copy of this to those 
entities.
    3. For a period of 1 year after the 3-year period of prohibition 
has expired, George Geisser, III shall, within 20 days following 
acceptance of his first employment offer involving NRC-licensed 
activities, as defined in Paragraph IV.1 above, provide written notice 
to the Director, Office of Enforcement, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, of the name, address, and 
telephone number of the entity where he is, or will be, involved in the 
NRC-licensed activities, and a description of the type of activities. 
In the notification, George Geisser, III 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's requirements.
    The Director, Office of Enforcement, or designee, may, in writing, 
relax or rescind any of the above conditions upon demonstration by 
George Geisser, III of good cause.

V.

    In accordance with 10 CFR 2.202, George Geisser, III, must submit a 
written answer to this Order under oath or affirmation within 20 days 
of its issuance. The response shall admit or deny the charge made in 
the Order. George Geisser, III's failure to respond to this Order could 
result in additional enforcement action in accordance with the 
Commission's Enforcement Policy. Any person adversely affected by this 
Order may submit a written answer to this Order within 20 days of its 
issuance. In addition, George Geisser, III and any other person 
adversely affected by this Order may request a hearing on this Order 
within 30 days of its issuance. Where good cause is shown, 
consideration will be given to extending the time to answer or request 
a hearing. A request for extension of time must be directed to the 
Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001 and include a statement of good cause for the 
extension.
    All documents filed in NRC adjudicatory proceedings, including a 
request for hearing, a petition for leave to intervene, any motion or 
other document filed in the proceeding prior to the submission of a 
request for hearing or petition to intervene, and documents filed by 
interested governmental entities participating under 10 CFR 2.315(c), 
must be filed in accordance with the NRC's E-Filing rule (72 FR 49139; 
August 28, 2007). The E-Filing process requires participants to submit 
and serve all adjudicatory documents over the Internet, or in some 
cases to mail copies on electronic storage media. Participants may not 
submit paper copies of their filings unless they seek an exemption in 
accordance with the procedures described below.
    To comply with the procedural requirements of E-Filing, at least 10 
days prior to the filing deadline, the participant should contact the 
Office of

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the Secretary by email at hearing.docket@nrc.gov, or by telephone at 
301-415-1677, to (1) request a digital identification (ID) certificate, 
which allows the participant (or its counsel or representative) to 
digitally sign documents and access the E-Submittal server for any 
proceeding in which it is participating; and (2) advise the Secretary 
that the participant will be submitting a request or petition for 
hearing (even in instances in which the participant, or its counsel or 
representative, already holds an NRC-issued digital ID certificate). 
Based upon this information, the Secretary will establish an electronic 
docket for the hearing in this proceeding if the Secretary has not 
already established an electronic docket.
    Information about applying for a digital ID certificate is 
available on the NRC's public Web site at https://www.nrc.gov/site-help/e-submittals/apply-certificates.html. System requirements for accessing 
the E-Submittal server are detailed in the NRC's ``Guidance for 
Electronic Submission,'' which is available on the NRC's public Web 
site at https://www.nrc.gov/site-help/e-submittals.html. Participants 
may attempt to use other software not listed on the Web site, but 
should note that the NRC's E-Filing system does not support unlisted 
software, and the NRC Meta System Help Desk will not be able to offer 
assistance in using unlisted software.
    If a participant is electronically submitting a document to the NRC 
in accordance with the E-Filing rule, the participant must file the 
document using the NRC's online, Web-based submission form. In order to 
serve documents through the Electronic Information Exchange System, 
users will be required to install a Web browser plug-in from the NRC's 
public Web site. Further information on the Web-based submission form, 
including the installation of the Web browser plug-in, is available on 
the NRC's public Web site at https://www.nrc.gov/site-help/e-submittals.html.
    Once a participant has obtained a digital ID certificate and a 
docket has been created, the participant can then submit a request for 
hearing or petition for leave to intervene. Submissions should be in 
Portable Document Format (PDF) in accordance with NRC guidance 
available on the NRC's public Web site at https://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the 
documents are submitted through the NRC's E-Filing system. To be 
timely, an electronic filing must be submitted to the E-Filing system 
no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of 
a transmission, the E-Filing system time-stamps the document and sends 
the submitter an email notice confirming receipt of the document. The 
E-Filing system also distributes an email notice that provides access 
to the document to the NRC's Office of the General Counsel and any 
others who have advised the Office of the Secretary that they wish to 
participate in the proceeding, so that the filer need not serve the 
documents on those participants separately. Therefore, applicants and 
other participants (or their counsel or representative) must apply for 
and receive a digital ID certificate before a hearing request or 
petition to intervene is filed so that they can obtain access to the 
document via the E-Filing system.
    A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC's Meta System 
Help Desk through the ``Contact Us'' link located on the NRC's public 
Web site at https://www.nrc.gov/site-help/e-submittals.html, by email to 
MSHD.Resource@nrc.gov, or by a toll-free call to 1-866-672-7640. The 
NRC Meta System Help Desk is available between 8 a.m. and 8 p.m., 
Eastern Time, Monday through Friday, excluding government holidays.
    Participants who believe that they have a good cause for not 
submitting documents electronically must file an exemption request, in 
accordance with 10 CFR 2.302(g), with their initial paper filing 
requesting authorization to continue to submit documents in paper 
format. Such filings must be submitted by: (1) First class mail 
addressed to the Office of the Secretary of the Commission, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: 
Rulemaking and Adjudications Staff; or (2) courier, express mail, or 
expedited delivery service to the Office of the Secretary, Sixteenth 
Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 
20852, Attention: Rulemaking and Adjudications Staff. Participants 
filing a document in this manner are responsible for serving the 
document on all other participants. Filing is considered complete by 
first-class mail as of the time of deposit in the mail, or by courier, 
express mail, or expedited delivery service upon depositing the 
document with the provider of the service. A presiding officer, having 
granted an exemption request from using E-Filing, may require a 
participant or party to use E-Filing if the presiding officer 
subsequently determines that the reason for granting the exemption from 
use of E-Filing no longer exists.
    Documents submitted in adjudicatory proceedings will appear in the 
NRC electronic hearing docket, which is available to the public at 
https://ehd1.nrc.gov/ehd/, unless excluded pursuant to an order of the 
Commission or the presiding officer. Participants are requested not to 
include personal privacy information, such as social security numbers, 
home addresses, or home phone numbers in their filings, unless an NRC 
regulation or other law requires submission of such information. With 
respect to copyrighted works, participants are requested not to include 
copyrighted materials in their submission, except for limited excerpts 
that serve the purpose of the adjudicatory filings and constitute a 
Fair Use application.
    If a person other than Mr. Geisser 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 a licensee or a 
person whose interest is adversely affected, the Commission will issue 
an Order designating the time and place of any hearings. If a hearing 
is held, the issue to be considered at such hearing shall be whether 
this Order should be sustained. 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 30 days from issuance 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.

    Dated at Rockville, Maryland, this 20th day of March 2014.

    For the Nuclear Regulatory Commission.

Roy P. Zimmerman,
Director, Office of Enforcement.

[FR Doc. 2014-06786 Filed 3-26-14; 8:45 am]
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