In the Matter of Dr. Bradley D. Bastow, 51323-51326 [2015-20874]
Download as PDF
tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Notices
employed by a private employer. This
information is used to determine the
claimant’s entitlement to compensation
benefits. This information collection is
currently approved for use through
January 31, 2016.
II. Review Focus: The Department of
Labor is particularly interested in
comments which:
* Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
* Evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
* Enhance the quality, utility and
clarity of the information to be
collected; and
* Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submissions
of responses.
III. Current Actions: The Department
of Labor seeks the approval for the
extension of this currently approved
information collection in order to
determine a claimant’s eligibility for
compensation benefits.
Type of Review: Extension.
Agency: Office of Workers’
Compensation Programs.
Title: Request for Employment
Information.
OMB Number: 1240–0047.
Agency Number: CA–1027.
Affected Public: Business or other forprofit.
Total Respondents: 154.
Total Annual Responses: 154.
Average Time per Response: 15
minutes.
Estimated Total Burden Hours: 39.
Frequency: On occasion.
Total Burden Cost (capital/startup):
$0.
Total Burden Cost (operating/
maintenance): $80.
Comments submitted in response to
this notice will be summarized and/or
included in the request for Office of
Management and Budget approval of the
information collection request; they will
also become a matter of public record.
VerDate Sep<11>2014
16:48 Aug 21, 2015
Jkt 235001
Dated: August 18, 2015.
Yoon Ferguson,
Agency Clearance Officer, Office of Workers’
Compensation Programs, US Department of
Labor.
[FR Doc. 2015–20779 Filed 8–21–15; 8:45 am]
BILLING CODE 4510–CH–P
NUCLEAR REGULATORY
COMMISSION
[IA–14–039; NRC–2013–0208]
In the Matter of Dr. Bradley D. Bastow
51323
White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT:
Kenneth Lambert, Region III, U.S.
Nuclear Regulatory Commission, Lisle,
Illinois 60532; telephone: 630–810–
4376, email: Kenneth.Lambert@nrc.gov.
SUPPLEMENTARY INFORMATION: The text of
the Order is attached.
Dated at Lisle, IL this 4th day of August,
2015.
For the Nuclear Regulatory Commission.
Cynthia D. Pederson,
Regional Administrator.
Nuclear Regulatory
Commission.
ACTION: Confirmatory order; issuance.
Attachment—Confirmatory Order
Modifying License
The U.S. Nuclear Regulatory
Commission (NRC) is issuing a
Confirmatory Order to Dr. Bradley D.
Bastow, as an individual, to confirm his
agreement to no longer serve as a
radiation safety officer. The order stems
from commitments made by Dr. Bastow
following an NRC inspection and
subsequent predecisional enforcement
conference.
Nuclear Regulatory Commission
AGENCY:
SUMMARY:
Effective Date: See attachment.
Please refer to Docket ID
NRC–2013–0208 when contacting the
NRC about the availability of
information regarding this document.
You may obtain 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–2013–0208. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–415–3463;
email: Carol.Gallagher@nrc.gov. For
questions about this Order, contact the
individual listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publicly
available documents online in the NRC
Library at https://www.nrc.gov/readingrm/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
DATES:
ADDRESSES:
PO 00000
Frm 00128
Fmt 4703
Sfmt 4703
United States of America
In the Matter of, Bradley D. Bastow, D. O.
IA–14–039
Confirmatory Order
I
Bradley D. Bastow, D. O., (licensee) is
the holder of Materials License No. 21–
32316–01 issued by the Nuclear
Regulatory Commission (NRC or
Commission) pursuant to Title 10 of the
Code of Federal Regulations (10 CFR)
Part 30 on April 20, 2001, and renewed
on December 7, 2011. The license
authorizes the operation of Bradley D.
Bastow, D. O., at his place of business
(Cardiology II, P.C.), in accordance with
conditions specified therein. It further
specifies that the radiation safety officer
(RSO) for the license will be Bradley D.
Bastow, D. O. (Dr. Bastow). The
licensee’s facility is located in South
Haven, Michigan.
This Confirmatory Order is the result
of an agreement reached with Dr.
Bastow during discussions on
September 23 and October 23, 2014.
II
On February 28, and April 3, 2012,
the U.S. Nuclear Regulatory
Commission (NRC) conducted a special
inspection at the licensee’s facility in
South Haven, Michigan, with continued
in-office review through May 24, 2012.
The NRC Office of Investigations (OI)
began an investigation on April 2, 2012,
into several of the issues identified
during the inspection. OI completed its
investigation on January 31, 2013. The
details of the inspection were
documented in NRC Inspection Report
No. 03035710/2012001(DNMS) issued
on December 19, 2012, and the results
of the OI investigation were
documented in a letter dated April 18,
2013, which identified 14 apparent
violations. The April 18, 2013, letter
offered the licensee the opportunity to
E:\FR\FM\24AUN1.SGM
24AUN1
tkelley on DSK3SPTVN1PROD with NOTICES
51324
Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Notices
provide a written response, attend a
predecisional enforcement conference,
or attend an alternative dispute
resolution (ADR) session.
One apparent violation identified by
the NRC involved the RSO’s (i.e., Dr.
Bastow’s) failure to ensure radiation
safety activities were conducted in
accordance with licensee-approved
procedures and regulatory requirements.
Specifically, the NRC identified several
radiation safety violations, including the
failure to conduct radiation surveys,
calibrate radiation detection
instrumentation, provide and process
radiation monitoring devices to
individuals, and conduct source leak
tests and inventories. These apparent
violations occurred, in part, due to Dr.
Bastow not performing his duties as the
RSO.
On July 1, 2013, the licensee and the
NRC met in an ADR session mediated
by a professional mediator, arranged
through Cornell University’s Institute on
Conflict Resolution. ADR is a process in
which a neutral mediator with no
decision-making authority assists the
parties in reaching an agreement on
resolving any differences regarding the
dispute. At the ADR session, a
preliminary agreement was reached and,
on September 3, 2013, a Confirmatory
Order (EA–13–025) was issued to
Bradley D. Bastow, D. O., as the
licensee.
On March 27, April 21, April 24, and
May 5, 2014, the NRC performed
inspections at the licensee’s facility in
South Haven, Michigan, in part, to
verify compliance with the
Confirmatory Order issued on
September 3, 2013. The NRC also
performed continued in-office review
through June 20, 2014, to evaluate
additional information not available
during the onsite inspections. During
the inspections, apparent violations of
NRC requirements were identified,
including a number of apparent
violations of the Confirmatory Order.
On July 30, 2014, the NRC provided the
licensee with an inspection report
detailing the results of the inspection. In
the accompanying cover letter, the NRC
requested that the licensee attend a
Predecisional Enforcement Conference
(PEC) to discuss the inspection results.
The NRC identified violations of the
Confirmatory Order that were
attributable to Dr. Bastow’s activities as
the RSO. For example, the violations
involved the failure to repair or replace
radiation detection instrumentation and
to ensure that the instrumentation was
calibrated and operable, the failure to
shadow a radiation safety officer, and
the failure to maintain complete and
accurate documents. The violations
VerDate Sep<11>2014
16:48 Aug 21, 2015
Jkt 235001
continued to indicate that Dr. Bastow
was not adequately fulfilling his duties
as the RSO.
On September 19, 2014, the licensee,
its attorney and the NRC met in a
transcribed PEC. During the meeting,
the licensee’s attorney described the
corrective actions taken and the issues
where the licensee disagreed with the
NRC’s conclusions. Based on
information gathered during the
inspections and information provided
during and after the PEC, the NRC made
a determination that a Severity Level III
problem existed and issued a Notice of
Violation and Proposed Imposition of
Civil Penalty to Bradley D. Bastow,
D. O. (licensee) on November 6, 2014.
In a letter dated, September 19, 2014
(ML14279A119), Dr. Bastow requested
that the facility’s license be amended to
standby status and that no activities
involving nuclear stress testing will be
conducted. On October 7, 2014, the NRC
amended the license to possession and
storage in standby.
III
Following the PEC, on September 23,
2014, during a telephone call with the
NRC, the licensee’s attorney agreed that
Dr. Bastow would commit to no longer
being RSO. This statement was
confirmed in a letter from the licensee
dated September 19, 2014, and received
by the NRC on September 26, 2014
(ML14279A119).
On October 23, 2014, during a
telephone call with the NRC, Dr. Bastow
verbally agreed with the issuance of a
Confirmatory Order to articulate that
commitment. On April 17, 2015, Dr.
Bastow consented to issuing this
Confirmatory Order with the
commitments, as described in Section V
below. Dr. Bastow further agreed that
this Confirmatory Order is to be
effective 30 days after issuance and that
he has waived his right to a hearing.
IV
Since the individual has agreed to
take additional actions to address NRC
concerns, as set forth in Section III
above, the NRC has concluded that its
concerns can be resolved through
issuance of this Confirmatory Order.
I find that Dr. Bastow’s commitments
as set forth in Section V are acceptable
and necessary and conclude that with
these commitments the public health
and safety are reasonably assured. In
view of the foregoing, I have determined
that public health and safety require
that Dr. Bastow’s commitments be
confirmed by this Confirmatory Order.
Based on the above and Dr. Bastow’s
consent, this Confirmatory Order is
PO 00000
Frm 00129
Fmt 4703
Sfmt 4703
effective 30 days after issuance of the
Confirmatory Order.
V
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 and 10 CFR part 30,
IT IS HEREBY ORDERED THAT:
1. Beginning on the effective date of this
Order (i.e., September 3, 2015), Dr.
Bastow is prohibited from serving
as an RSO, including an assistant or
associate RSO, while in NRC
jurisdiction. This includes working
as an RSO; being listed as an RSO
on a license; and performing any
RSO duties for any licensee while
in NRC jurisdiction, including
activities under an Agreement State
license while working under
reciprocity. This prohibition does
not prevent Dr. Bastow from serving
as an authorized user.
2. No later than the effective date of this
Order, Dr. Bastow must:
a. Inform the NRC, in writing, that he
is not listed as RSO (or assistant or
associate RSO) on any license (other
than 21–32316–01).
OR
b. If Dr. Bastow is currently involved
with any licensee (other than
license 21–32316–01) in NRClicensed activities as an RSO or
assistant or associate RSO:
(1) Provide a copy of this Order to that
licensee, and remind them of their
obligation to obtain a new RSO and
amend their NRC license to replace
Dr. Bastow as RSO and
(2) Provide, in writing, to the NRC,
the license number, licensee name,
address and telephone number, of
each licensee.
3. Prior to returning license 21–32316–
01 to active status, Dr. Bastow will
identify a new individual to replace
Dr. Bastow as RSO and inform the
NRC in writing by submitting a
license amendment request.
4. At any time after the effective date of
this Order, Dr. Bastow may file a
written request with the NRC that
this Order be rescinded, such that
he could again serve as an RSO in
NRC jurisdiction. Such a request
shall include the following:
a. Dr. Bastow will provide written
documentation of satisfactory
completion of an in-person 40-hour
medical RSO training class.
(1) The training class completion date
will be after the effective date of
this Order;
(2) The written documentation will
include completion date, provider
name and contact information,
E:\FR\FM\24AUN1.SGM
24AUN1
tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Notices
instructor name, and class agenda/
outline;
(3) The documentation must
demonstrate that the training
covered the following topics:
(a) radiation physics and
instrumentation; (b) radiation
protection; (c) mathematics
pertaining to the use and
measurement of radioactivity; (d)
radiation biology; and (e) radiation
dosimetry.
b. Dr. Bastow will provide written
documentation that he met with
and observed (i.e., ‘‘shadowed’’) an
RSO who oversees a nuclear
medical program for a minimum of
24 working hours (3 working days).
(1) The completion date will be after
the effective date of this Order.
(2) The ‘‘shadowing’’ effort must, at a
minimum, cover the following
topics via observation or discussion
with the RSO:
(a) Shipping, receiving, and
performing related radiation
surveys;
(b) Using and performing checks for
proper operation of instruments
used to determine the activity of
dosages, survey meters, and
instruments used to measure
radionuclides;
(c) Securing and controlling
byproduct material;
(d) Using administrative controls to
avoid mistakes in the
administration of byproduct
material;
(e) Using procedures to prevent or
minimize radioactive
contamination and using proper
decontamination procedures;
(f) Using emergency procedures to
control byproduct material; and
(g) Disposing of byproduct material.
(3) The written documentation must
include a letter written, dated, and
signed by the ‘‘shadowed’’ RSO
that:
(a) Confirms that the ‘‘shadowed’’
RSO was, for the entire ‘‘shadow’’
period, listed as an RSO for an NRC
or Agreement State medical use
license and had oversight of a
medical use program authorized for
35.100 and 35.200; and lists the
license number;
(b) Confirms all topics from Item b.2
above were covered and
satisfactorily completed during the
effort, and provides the
approximate number of hours spent
on each topic;
(c) Attests to the ‘‘shadowed’’ RSO’s
assessment of Dr. Bastow’s
competency to function
independently as an RSO for a
medical use license for 35.100 and
VerDate Sep<11>2014
16:48 Aug 21, 2015
Jkt 235001
35.200 medical uses.
(d) The written documentation will
include a statement written, dated,
and signed by Dr. Bastow
articulating the insights that he
gained by the effort.
c. Dr. Bastow shall provide the NRC
with a written document describing
in detail his understanding of his
requirements and responsibilities as
an RSO and containing his
acknowledgment of these
requirements and responsibilities.
This document will include a
statement of Dr. Bastow’s
commitment to compliance with
regulatory requirements, including
providing complete and accurate
information, and the basis why the
Commission should have
confidence that he will now comply
with applicable NRC requirements.
5. All information provided to NRC
pursuant to this section shall be
provided in writing and addressed
and mailed to Cynthia D. Pederson,
Regional Administrator, Region III,
2443 Warrenville Road, Suite 210,
Lisle, IL 60532, with a copy also
mailed to Dr. Patricia K. Holahan,
Director, Office of Enforcement,
U.S. Nuclear Regulatory
Commission, Washington, DC
20555–0001.
6. This Order shall be effective 30 days
(i.e., September 3, 2015), after
issuance and shall remain in effect
until the conditions specified above
have been met and the NRC
determines, in writing, that the
Order is rescinded.
VI
Any person adversely affected by this
Confirmatory Order, other than Dr.
Bastow, may request a hearing within 30
days of the issuance date of this
Confirmatory 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–
001, 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), as
amended by 77 FR 46562; August 3,
PO 00000
Frm 00130
Fmt 4703
Sfmt 4703
51325
2012, (codified in pertinent part at 10
CFR part 2, subpart C). 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
the Secretary by email at
hearing.docket@nrc.gov, or by telephone
at 301–415–1677, to: (1) Request a
digital (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 NRCissued 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
NRC’s public Web site at https://
www.nrc.gov/site-help/esubmittals.html. System requirements
for accessing the e-submittal server are
detailed in NRC’s ‘‘Guidance for
Electronic Submission,’’ which is
available at https://www.nrc.gov/sitehelp/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 (EIE), users will
be required to install a Web browser
plug-in from the NRC Web site. Further
information on the Web-based
submission form, including the
installation of the Web browser plug-in,
is available at https://www.nrc.gov/sitehelp/e-submittals.html.
Once a participant has obtained a
digital ID certificate and a docket has
been created, the participant can then
E:\FR\FM\24AUN1.SGM
24AUN1
tkelley on DSK3SPTVN1PROD with NOTICES
51326
Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Notices
submit a request for hearing or petition
for leave to intervene through the EIE.
Submissions should be in Portable
Document Format (PDF) in accordance
with NRC guidance available at https://
www.nrc.gov/site-help/esubmittals.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 (ET) 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, any
others who wish to participate in the
proceeding (or their counsel or
representative) must apply for and
receive a digital ID certificate before a
hearing request/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 Meta System Help Desk through
the ‘‘Contact Us’’ link located on the
NRC’s Web site at https://www.nrc.gov/
site-help/e-submittals.html, by email at
MSHD.Resource@nrc.gov, or by a tollfree call at (866) 672–7640. The NRC
Meta System Help Desk is available
between 8:00 a.m. and 8:00 p.m., ET,
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.
VerDate Sep<11>2014
16:48 Aug 21, 2015
Jkt 235001
Filing is considered complete by firstclass 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’s
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 would
constitute a Fair Use application.
If a person other than Dr. Bastow
requests a hearing, that person shall set
forth with particularity the manner in
which his interest is adversely affected
by this Confirmatory Order and shall
address the criteria set forth in 10 CFR
2.309(d) and (f).
If a hearing is requested by a person
whose interest is adversely affected, the
Commission will issue a separate Order
designating the time and place of any
hearings, as appropriate. If a hearing is
held, the issue to be considered at such
hearing shall be whether this
Confirmatory 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 V above shall be effective and
final 30 days after issuance of the
Confirmatory Order without further
order or proceedings. If an extension of
time for requesting a hearing has been
approved, the provisions specified in
Section V shall be final when the
extension expires if a hearing request
has not been received.
Dated at Lisle, Illinois this 4th day of
August, 2015.
For the Nuclear Regulatory Commission.
Cynthia D. Pederson,
PO 00000
Frm 00131
Fmt 4703
Sfmt 4703
Regional Administrator.
[FR Doc. 2015–20874 Filed 8–21–15; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–382; License No. NPF–38;
NRC–2014–0258]
In the Matter of Entergy Louisiana,
LLC; Waterford Steam Electric Station,
Unit 3
Nuclear Regulatory
Commission.
ACTION: Direct and indirect transfer of
license; order.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is issuing an order to
permit the direct transfer of Facility
Operating License No. NPF–38 for
Waterford Steam Electric Station, Unit 3
(Waterford), to a newly formed limited
liability company named Entergy
Louisiana, LLC. The new owner licensee
has the same name as the previous
owner licensee. In addition, the
applicants requested the NRC’s consent
to approve an associated indirect license
transfer of Waterford to the extent that
such indirect transfer would be affected
by a new intermediary holding
company. Entergy Corporation will
remain as the ultimate parent company,
but a new intermediate company,
Entergy Utility Holding Company, LLC,
a Texas limited liability company, will
be the direct parent company of the
newly formed Entergy Louisiana, LLC.
DATES: The Order was issued on August
14, 2015, and is effective for one year.
ADDRESSES: Please refer to Docket ID
NRC–2014–0258 when contacting the
NRC about the availability of
information regarding this document.
You may obtain publicly-available
information related to this document
using any of the following methods:
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2014–0258. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–415–3463;
email: Carol.Gallagher@nrc.gov. For
technical questions, contact the
individual listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publicly
available documents online in the
ADAMS Public Documents collection at
https://www.nrc.gov/reading-rm/
adams.html. To begin the search, select
‘‘ADAMS Public Documents’’ and then
SUMMARY:
E:\FR\FM\24AUN1.SGM
24AUN1
Agencies
[Federal Register Volume 80, Number 163 (Monday, August 24, 2015)]
[Notices]
[Pages 51323-51326]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20874]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[IA-14-039; NRC-2013-0208]
In the Matter of Dr. Bradley D. Bastow
AGENCY: Nuclear Regulatory Commission.
ACTION: Confirmatory order; issuance.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a
Confirmatory Order to Dr. Bradley D. Bastow, as an individual, to
confirm his agreement to no longer serve as a radiation safety officer.
The order stems from commitments made by Dr. Bastow following an NRC
inspection and subsequent predecisional enforcement conference.
DATES: Effective Date: See attachment.
ADDRESSES: Please refer to Docket ID NRC-2013-0208 when contacting the
NRC about the availability of information regarding this document. You
may obtain 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-2013-0208. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: Carol.Gallagher@nrc.gov. For questions about this Order,
contact the individual listed in the FOR FURTHER INFORMATION CONTACT
section of this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain 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: Kenneth Lambert, Region III, U.S.
Nuclear Regulatory Commission, Lisle, Illinois 60532; telephone: 630-
810-4376, email: Kenneth.Lambert@nrc.gov.
SUPPLEMENTARY INFORMATION: The text of the Order is attached.
Dated at Lisle, IL this 4th day of August, 2015.
For the Nuclear Regulatory Commission.
Cynthia D. Pederson,
Regional Administrator.
Attachment--Confirmatory Order Modifying License
United States of America
Nuclear Regulatory Commission
In the Matter of, Bradley D. Bastow, D. O.
IA-14-039
Confirmatory Order
I
Bradley D. Bastow, D. O., (licensee) is the holder of Materials
License No. 21-32316-01 issued by the Nuclear Regulatory Commission
(NRC or Commission) pursuant to Title 10 of the Code of Federal
Regulations (10 CFR) Part 30 on April 20, 2001, and renewed on December
7, 2011. The license authorizes the operation of Bradley D. Bastow, D.
O., at his place of business (Cardiology II, P.C.), in accordance with
conditions specified therein. It further specifies that the radiation
safety officer (RSO) for the license will be Bradley D. Bastow, D. O.
(Dr. Bastow). The licensee's facility is located in South Haven,
Michigan.
This Confirmatory Order is the result of an agreement reached with
Dr. Bastow during discussions on September 23 and October 23, 2014.
II
On February 28, and April 3, 2012, the U.S. Nuclear Regulatory
Commission (NRC) conducted a special inspection at the licensee's
facility in South Haven, Michigan, with continued in-office review
through May 24, 2012. The NRC Office of Investigations (OI) began an
investigation on April 2, 2012, into several of the issues identified
during the inspection. OI completed its investigation on January 31,
2013. The details of the inspection were documented in NRC Inspection
Report No. 03035710/2012001(DNMS) issued on December 19, 2012, and the
results of the OI investigation were documented in a letter dated April
18, 2013, which identified 14 apparent violations. The April 18, 2013,
letter offered the licensee the opportunity to
[[Page 51324]]
provide a written response, attend a predecisional enforcement
conference, or attend an alternative dispute resolution (ADR) session.
One apparent violation identified by the NRC involved the RSO's
(i.e., Dr. Bastow's) failure to ensure radiation safety activities were
conducted in accordance with licensee-approved procedures and
regulatory requirements. Specifically, the NRC identified several
radiation safety violations, including the failure to conduct radiation
surveys, calibrate radiation detection instrumentation, provide and
process radiation monitoring devices to individuals, and conduct source
leak tests and inventories. These apparent violations occurred, in
part, due to Dr. Bastow not performing his duties as the RSO.
On July 1, 2013, the licensee and the NRC met in an ADR session
mediated by a professional mediator, arranged through Cornell
University's Institute on Conflict Resolution. ADR is a process in
which a neutral mediator with no decision-making authority assists the
parties in reaching an agreement on resolving any differences regarding
the dispute. At the ADR session, a preliminary agreement was reached
and, on September 3, 2013, a Confirmatory Order (EA-13-025) was issued
to Bradley D. Bastow, D. O., as the licensee.
On March 27, April 21, April 24, and May 5, 2014, the NRC performed
inspections at the licensee's facility in South Haven, Michigan, in
part, to verify compliance with the Confirmatory Order issued on
September 3, 2013. The NRC also performed continued in-office review
through June 20, 2014, to evaluate additional information not available
during the onsite inspections. During the inspections, apparent
violations of NRC requirements were identified, including a number of
apparent violations of the Confirmatory Order. On July 30, 2014, the
NRC provided the licensee with an inspection report detailing the
results of the inspection. In the accompanying cover letter, the NRC
requested that the licensee attend a Predecisional Enforcement
Conference (PEC) to discuss the inspection results.
The NRC identified violations of the Confirmatory Order that were
attributable to Dr. Bastow's activities as the RSO. For example, the
violations involved the failure to repair or replace radiation
detection instrumentation and to ensure that the instrumentation was
calibrated and operable, the failure to shadow a radiation safety
officer, and the failure to maintain complete and accurate documents.
The violations continued to indicate that Dr. Bastow was not adequately
fulfilling his duties as the RSO.
On September 19, 2014, the licensee, its attorney and the NRC met
in a transcribed PEC. During the meeting, the licensee's attorney
described the corrective actions taken and the issues where the
licensee disagreed with the NRC's conclusions. Based on information
gathered during the inspections and information provided during and
after the PEC, the NRC made a determination that a Severity Level III
problem existed and issued a Notice of Violation and Proposed
Imposition of Civil Penalty to Bradley D. Bastow, D. O. (licensee) on
November 6, 2014.
In a letter dated, September 19, 2014 (ML14279A119), Dr. Bastow
requested that the facility's license be amended to standby status and
that no activities involving nuclear stress testing will be conducted.
On October 7, 2014, the NRC amended the license to possession and
storage in standby.
III
Following the PEC, on September 23, 2014, during a telephone call
with the NRC, the licensee's attorney agreed that Dr. Bastow would
commit to no longer being RSO. This statement was confirmed in a letter
from the licensee dated September 19, 2014, and received by the NRC on
September 26, 2014 (ML14279A119).
On October 23, 2014, during a telephone call with the NRC, Dr.
Bastow verbally agreed with the issuance of a Confirmatory Order to
articulate that commitment. On April 17, 2015, Dr. Bastow consented to
issuing this Confirmatory Order with the commitments, as described in
Section V below. Dr. Bastow further agreed that this Confirmatory Order
is to be effective 30 days after issuance and that he has waived his
right to a hearing.
IV
Since the individual has agreed to take additional actions to
address NRC concerns, as set forth in Section III above, the NRC has
concluded that its concerns can be resolved through issuance of this
Confirmatory Order.
I find that Dr. Bastow's commitments as set forth in Section V are
acceptable and necessary and conclude that with these commitments the
public health and safety are reasonably assured. In view of the
foregoing, I have determined that public health and safety require that
Dr. Bastow's commitments be confirmed by this Confirmatory Order. Based
on the above and Dr. Bastow's consent, this Confirmatory Order is
effective 30 days after issuance of the Confirmatory Order.
V
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 and 10 CFR part 30,
IT IS HEREBY ORDERED THAT:
1. Beginning on the effective date of this Order (i.e., September 3,
2015), Dr. Bastow is prohibited from serving as an RSO, including an
assistant or associate RSO, while in NRC jurisdiction. This includes
working as an RSO; being listed as an RSO on a license; and performing
any RSO duties for any licensee while in NRC jurisdiction, including
activities under an Agreement State license while working under
reciprocity. This prohibition does not prevent Dr. Bastow from serving
as an authorized user.
2. No later than the effective date of this Order, Dr. Bastow must:
a. Inform the NRC, in writing, that he is not listed as RSO (or
assistant or associate RSO) on any license (other than 21-32316-01).
OR
b. If Dr. Bastow is currently involved with any licensee (other
than license 21-32316-01) in NRC-licensed activities as an RSO or
assistant or associate RSO:
(1) Provide a copy of this Order to that licensee, and remind them
of their obligation to obtain a new RSO and amend their NRC license to
replace Dr. Bastow as RSO and
(2) Provide, in writing, to the NRC, the license number, licensee
name, address and telephone number, of each licensee.
3. Prior to returning license 21-32316-01 to active status, Dr. Bastow
will identify a new individual to replace Dr. Bastow as RSO and inform
the NRC in writing by submitting a license amendment request.
4. At any time after the effective date of this Order, Dr. Bastow may
file a written request with the NRC that this Order be rescinded, such
that he could again serve as an RSO in NRC jurisdiction. Such a request
shall include the following:
a. Dr. Bastow will provide written documentation of satisfactory
completion of an in-person 40-hour medical RSO training class.
(1) The training class completion date will be after the effective
date of this Order;
(2) The written documentation will include completion date,
provider name and contact information,
[[Page 51325]]
instructor name, and class agenda/outline;
(3) The documentation must demonstrate that the training covered
the following topics: (a) radiation physics and instrumentation; (b)
radiation protection; (c) mathematics pertaining to the use and
measurement of radioactivity; (d) radiation biology; and (e) radiation
dosimetry.
b. Dr. Bastow will provide written documentation that he met with
and observed (i.e., ``shadowed'') an RSO who oversees a nuclear medical
program for a minimum of 24 working hours (3 working days).
(1) The completion date will be after the effective date of this
Order.
(2) The ``shadowing'' effort must, at a minimum, cover the
following topics via observation or discussion with the RSO:
(a) Shipping, receiving, and performing related radiation surveys;
(b) Using and performing checks for proper operation of instruments
used to determine the activity of dosages, survey meters, and
instruments used to measure radionuclides;
(c) Securing and controlling byproduct material;
(d) Using administrative controls to avoid mistakes in the
administration of byproduct material;
(e) Using procedures to prevent or minimize radioactive
contamination and using proper decontamination procedures;
(f) Using emergency procedures to control byproduct material; and
(g) Disposing of byproduct material.
(3) The written documentation must include a letter written, dated,
and signed by the ``shadowed'' RSO that:
(a) Confirms that the ``shadowed'' RSO was, for the entire
``shadow'' period, listed as an RSO for an NRC or Agreement State
medical use license and had oversight of a medical use program
authorized for 35.100 and 35.200; and lists the license number;
(b) Confirms all topics from Item b.2 above were covered and
satisfactorily completed during the effort, and provides the
approximate number of hours spent on each topic;
(c) Attests to the ``shadowed'' RSO's assessment of Dr. Bastow's
competency to function independently as an RSO for a medical use
license for 35.100 and 35.200 medical uses.
(d) The written documentation will include a statement written,
dated, and signed by Dr. Bastow articulating the insights that he
gained by the effort.
c. Dr. Bastow shall provide the NRC with a written document
describing in detail his understanding of his requirements and
responsibilities as an RSO and containing his acknowledgment of these
requirements and responsibilities. This document will include a
statement of Dr. Bastow's commitment to compliance with regulatory
requirements, including providing complete and accurate information,
and the basis why the Commission should have confidence that he will
now comply with applicable NRC requirements.
5. All information provided to NRC pursuant to this section shall be
provided in writing and addressed and mailed to Cynthia D. Pederson,
Regional Administrator, Region III, 2443 Warrenville Road, Suite 210,
Lisle, IL 60532, with a copy also mailed to Dr. Patricia K. Holahan,
Director, Office of Enforcement, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001.
6. This Order shall be effective 30 days (i.e., September 3, 2015),
after issuance and shall remain in effect until the conditions
specified above have been met and the NRC determines, in writing, that
the Order is rescinded.
VI
Any person adversely affected by this Confirmatory Order, other
than Dr. Bastow, may request a hearing within 30 days of the issuance
date of this Confirmatory 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 20555-001, 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), as amended by 77 FR 46562; August 3, 2012, (codified
in pertinent part at 10 CFR part 2, subpart C). 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 the Secretary by email at hearing.docket@nrc.gov, or by
telephone at 301-415-1677, to: (1) Request a digital (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 NRC's public Web site at https://www.nrc.gov/site-help/e-submittals.html. System requirements for accessing the e-submittal
server are detailed in NRC's ``Guidance for Electronic Submission,''
which is available 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 (EIE),
users will be required to install a Web browser plug-in from the NRC
Web site. Further information on the Web-based submission form,
including the installation of the Web browser plug-in, is available 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
[[Page 51326]]
submit a request for hearing or petition for leave to intervene through
the EIE. Submissions should be in Portable Document Format (PDF) in
accordance with NRC guidance available 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 (ET) 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,
any others who wish to participate in the proceeding (or their counsel
or representative) must apply for and receive a digital ID certificate
before a hearing request/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 Meta System
Help Desk through the ``Contact Us'' link located on the NRC's Web site
at https://www.nrc.gov/site-help/e-submittals.html, by email at
MSHD.Resource@nrc.gov, or by a toll-free call at (866) 672-7640. The
NRC Meta System Help Desk is available between 8:00 a.m. and 8:00 p.m.,
ET, 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's 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 would constitute
a Fair Use application.
If a person other than Dr. Bastow requests a hearing, that person
shall set forth with particularity the manner in which his interest is
adversely affected by this Confirmatory Order and shall address the
criteria set forth in 10 CFR 2.309(d) and (f).
If a hearing is requested by a person whose interest is adversely
affected, the Commission will issue a separate Order designating the
time and place of any hearings, as appropriate. If a hearing is held,
the issue to be considered at such hearing shall be whether this
Confirmatory 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 V above shall be effective and final 30 days after
issuance of the Confirmatory Order without further order or
proceedings. If an extension of time for requesting a hearing has been
approved, the provisions specified in Section V shall be final when the
extension expires if a hearing request has not been received.
Dated at Lisle, Illinois this 4th day of August, 2015.
For the Nuclear Regulatory Commission.
Cynthia D. Pederson,
Regional Administrator.
[FR Doc. 2015-20874 Filed 8-21-15; 8:45 am]
BILLING CODE 7590-01-P