[Federal Register Volume 67, Number 178 (Friday, September 13, 2002)]
[Notices]
[Pages 58084-58085]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 02-23361]
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NUCLEAR REGULATORY COMMISSION
[IA-02-030]
Brian J. McKenna; Demand for Information
Brian J. McKenna, is employed as manager of radiography activities
at Engineering & Inspections Unlimited, Inc. in the State of Hawaii.
Engineering & Inspections Unlimited, Inc. (Licensee), a radiography
licensee of the state of Florida, on May 7, 2002, filed an NRC Form
241, ``Report of Proposed Activities in Non-Agreement States, Areas of
Exclusive Federal Jurisdiction, or Offshore Waters,'' notifying the NRC
of its intent to conduct radiography activities at numerous locations
in the state of Hawaii, a Non-Agreement State. On August 1, 2002,
Engineering & Inspections Unlimited, Inc. filed a revised NRC Form 241,
notifying the NRC of additional locations at which it intended to
conduct radiography activities in Hawaii. In accordance with 10 CFR
150.20, ``Recognition of Agreement State licenses,'' a specific
licensee of an Agreement State is granted a general license to perform
the same activity in Non-Agreement states where NRC maintains
jurisdiction provided the licensee complies with 10 CFR 150.20(b).
Thus, the Licensee is currently performing radiography activities in
Hawaii under a general license.
On April 22, 2002, NRC Region IV conducted an unannounced
inspection of Engineering & Inspections Hawaii, doing business as
Testing Technologies, Inc. (TTI), at a temporary job site in Kapolei,
Hawaii. Engineering & Inspections Hawaii was performing activities
under an NRC license issued to TTI. TTI, based in Woodbridge, Virginia
and the holder of NRC License No. 45-25007-01, is licensed to conduct
radiography activities at temporary job sites anywhere the NRC has
jurisdiction. Based on the discovery of apparent willful violations of
NRC requirements, on April 24, 2002, NRC's Office of Investigations
(OI) began an investigation of activities being conducted in Hawaii
under TTI's license. On May 1, 2002, NRC's Region II office in Atlanta,
Georgia, issued a confirmatory action letter to TTI
[[Page 58085]]
confirming TTI's commitment to take several remedial actions before
radiography activities were resumed in Hawaii. As discussed above, on
May 7, 2002, Engineering & Inspections Unlimited, Inc., a State of
Florida licensee, filed with NRC to perform radiography activities in
Hawaii under the reciprocity provisions of 10 CFR 150.20. Thus,
Engineering & Inspections Hawaii's activities in Hawaii are no longer
being conducted under TTI's NRC license.
The preliminary results of the OI investigation include a finding
that Brian J. McKenna engaged in deliberate misconduct, as defined by
10 CFR 30.10. Specifically, the investigation found that Brian J.
McKenna had on numerous occasions dispatched radiographer's assistants
and helpers to conduct radiography without their being accompanied by a
certified radiographer who was trained and certified in accordance with
the training requirements of 10 CFR 34.43. Brian J. McKenna first
denied dispatching non-certified radiographers to conduct radiography,
but admitted after being shown records of specific radiography jobs
that he had assigned non-certified radiographers to conduct radiography
because of a shortage of qualified personnel.
The investigative evidence developed to date demonstrates a lack of
regard for NRC's radiation safety requirements by Brian J. McKenna. He
currently manages radiography activities for Engineering & Inspections
Unlimited, Inc.'s in Hawaii, supervises the individual who dispatches
radiographers to job sites, and is authorized to perform radiography.
This situation raises questions as to why the NRC should have
reasonable assurance that Engineering & Inspections Unlimited, Inc.'s
radiography activities in Hawaii are being conducted in accordance with
all NRC radiation safety requirements.
Accordingly, pursuant to sections 161b, 161c, 161i, 161o, 182 and
186 of the Atomic Energy Act of 1954, as amended, and the Commission's
regulations in 10 CFR 2.204, the Commission needs the following
information to determine whether enforcement action should be taken
against you to ensure future compliance with NRC requirements:
A. Information as to why the NRC should have reasonable assurance
that radiography activities being conducted by Engineering &
Inspections Unlimited, Inc., under your management are being conducted
in accordance with all NRC radiation safety requirements; and
B. Information as to why the NRC should not take enforcement action
to prohibit your involvement in NRC-licensed activities.
You may provide any other information that you want the NRC to
consider, including whether the statements made in Section II are
correct. You may respond to this Demand for Information by filing a
written answer under oath or affirmation or by setting forth your
reasons why this Demand for Information should not have been issued if
the requested information is not being provided. The response to this
Demand for Information is to be submitted to the Director, Office of
Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555,
within 10 days of the date of this Demand for Information, in writing
and under oath or affirmation. Copies also shall be sent to the
Assistant General Counsel for Materials Litigation and Enforcement at
the same address, the Regional Administrator, NRC Region IV, 611 Ryan
Plaza Drive, Suite 400, Arlington, Texas 76011-4005, and the Regional
Administrator, NRC Region II, Atlanta Federal Center, 61 Forsyth St.,
Atlanta, Georgia 30303.
Upon review of your answer, or if no answer is filed, the
Commission may institute a proceeding pursuant to 10 CFR 2.202 or take
such other action as may be necessary to ensure compliance with
regulatory requirements. Your response to the Demand for Information
will be considered before a decision is made in this matter. However,
if no answer is filed, we will proceed on the basis of available
information.
If you choose to respond, your response will be made available
electronically for public inspection in the NRC Public Document Room or
from the Publicly Available Records (PARS) component of NRC's document
system (ADAMS). ADAMS is accessible from the NRC Web site at http://
www.nrc.gov/reading-rm/adams.html (the Public Electronic Reading Room).
Therefore, to the extent possible, it should not include any personal
privacy, proprietary, or safeguards information so that it can be made
available to the Public without redaction. If personal privacy or
proprietary information is necessary to provide an acceptable response,
then please provide a bracketed copy of your response that identifies
the information that should be protected and a redacted copy of your
response that deletes such information. If you request withholding of
such material, you must specifically identify the portions of your
response that you seek to have withheld and provide in detail the bases
for your claim of withholding (e.g., explain why the disclosure of
information will create an unwarranted invasion of personal privacy or
provide the information required by 10 CFR 2.790(b) to support a
request for withholding confidential commercial or financial
information).
Dated this 5th day of September 2002.
For the Nuclear Regulatory Commission.
James G. Luehman,
Deputy Director, Office of Enforcement.
[FR Doc. 02-23361 Filed 9-12-02; 8:45 am]
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