48782 Federal Register / Vol. 74, No. 184 / Thursday, September 24, 2009 / Notices 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2009–0421; IA–09–021] 

In the Matter of Mr. Douglas Poling; 

Confirmatory Order (Effective 

Immediately) 

I 

Mr. Douglas Poling held the positions 

of President and Chief Executive Officer 

for Magna Chek, Inc. Magna Chek is the 

holder of Materials License No. 21– 

19111–02 issued by the U.S. Nuclear 

Regulatory Commission (NRC or 

Commission) pursuant to 10 CFR Part 

30 on May 20, 1985. The license 

currently authorizes Magna Chek to 

store radioactive sources previously 

used in radiography operations at its 

permanent radiography facility in 

Warren, Michigan. Mr. Poling was 

named as Radiation Safety Officer on 

the license in 2008. 

This Confirmatory Order is the result 

of an agreement reached during an 

Alternative Dispute Resolution (ADR) 

mediation session conducted on August 

4, 2009. 

II 

On May 1, 2008, the NRC conducted 

an onsite inspection at the Magna Chek 

storage location in Warren, Michigan. 

The purpose of the inspection was to 

review the corrective actions taken by 

Magna Chek in response to a Notice of 

Violation issued on December 19, 2007 

(EA–09–260 and EA–09–265). As a 

result of the inspection observations, the 

NRC Office of Investigations (OI) 

initiated an investigation (OI Case No. 

3–2008–017). Based on the evidence 

developed during the inspection and 

investigation, the NRC identified that 

Mr. Poling’s deliberate actions caused 

the Magna Chek licensee to be in 

violation of NRC requirements. The 

violations are described in the 

Appendix to this Order. 

The results of the investigation were 

sent to Mr. Douglas Poling in a letter 

dated April 1, 2009. This letter offered 

Mr. Poling the opportunity to either 

participate in ADR mediation or to 

attend a Predecisional Enforcement 

Conference. In response to the NRC’s 

offer, Mr. Poling requested use of the 

NRC’s ADR process to resolve the 

differences he had with the NRC. On 

May 18, 2009, the NRC and Mr. Poling 

agreed to mediate. On August 4, 2009, 

the NRC and Mr. Poling participated in 

an ADR session mediated by a 

professional mediator, arranged through 

Cornell University’s Institute on 

Conflict Resolution. As used by the 

NRC, ADR is a process in which a 

neutral mediator with no decisionmaking authority assists the parties in 

reaching an agreement on resolving any 

differences regarding the dispute. This 

confirmatory order is issued pursuant to 

the agreement reached during the ADR 

process. 

III 

During the August 4, 2009, ADR 

session, a preliminary settlement 

agreement was reached. The elements of 

the agreement consisted of the 

following: 

1. Mr. Douglas Poling agrees to not be 

involved in any NRC-licensed activities 

for a period of five years from the date 

of the Order. 

2. Mr. Douglas Poling agrees to 

provide a copy of the Order to each NRC 

Agreement State within which he plans 

to conduct activities involving 

radioactive materials. 

3. Mr. Douglas Poling agrees to not be 

involved in any decisions, financial or 

otherwise, regarding the handling, 

storage, security, or disposal of the 

radioactive materials possessed by 

Magna Chek for a period of five years 

from the date of the Order. 

4. Mr. Douglas Poling agrees that he 

will not access the radioactive materials 

possessed by Magna Chek for a period 

of five years from the date of the Order. 

5. Mr. Douglas Poling agrees to 

provide all copies of the keys providing 

access to the radioactive material, all 

copies of any documents related to the 

radioactive material or its storage (both 

electronic and paper), and any other 

items related to the radioactive material 

to the Magna Chek Chief Financial 

Officer within one day of the date of the 

Order. 

6. Mr. Douglas Poling agrees to step 

down as the Radiation Safety Officer as 

of the date of the Order. 

7. The NRC agrees to not pursue any 

further enforcement action in 

connection with the NRC’s April 1, 

2009, letter to Mr. Douglas Poling. This 

does not prohibit the NRC from taking 

an enforcement action, in accordance 

with the NRC Enforcement Policy, if Mr. 

Poling commits a similar violation in 

the future or violates the Order. 

On August 24, 2009, Mr. Douglas 

Poling consented to issuing this Order 

with the commitments, as described in 

Section V below. Mr. Poling further 

agreed that this Order is to be effective 

upon issuance and that he has waived 

his right to a hearing. 

IV 

Since Mr. Douglas Poling has agreed 

to take additional actions to address 

NRC concerns, as set forth in Item III 

above, the NRC has concluded that its 

concerns can be resolved through 

issuance of this Order. 

I find that Mr. Poling’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 Mr. Poling’s commitments be 

confirmed by this Order. Based on the 

above, and Mr. Poling’s consent, this 

Order is immediately effective upon 

issuance. 

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, effective immediately: 

1. Mr. Douglas Poling shall not be 

involved in any NRC-licensed activities 

for a period of five years from the date 

of the Order. Mr. Poling further shall 

notify the NRC within one week of the 

first time he becomes involved in NRClicensed activities after the five years 

has expired. 

2. Mr. Douglas Poling shall provide a 

copy of the Order to each NRC 

Agreement State should he plan to 

conduct activities involving radioactive 

materials, including serving as a 

Radiation Safety Officer, prior to 

beginning any work and extending for a 

period of five years from the date of the 

Order. 

3. Mr. Douglas Poling shall not be 

involved in any decisions, financial or 

otherwise, regarding the handling, 

storage, security, or disposal of the 

radioactive materials possessed by 

Magna Chek for a period of five years 

from the date of the Order. 

4. Mr. Douglas Poling shall not access 

the radioactive materials possessed by 

Magna Chek for a period of five years 

from the date of the Order. 

5. Mr. Douglas Poling shall provide all 

copies of the keys providing access to 

the radioactive material, all copies of 

any documents related to the 

radioactive material or its storage (both 

electronic and paper), and any other 

items related to the radioactive material 

to either the Magna Chek Chief 

Financial Officer or to someone 

designated by the Chief Financial 

Officer as being trustworthy and 

reliable, within one day of the date of 

the Order. 

6. Mr. Douglas Poling shall step down 

as the Radiation Safety Officer as of the 

date of the Order. 

The Regional Administrator, NRC 

Region III, may, in writing, relax or 

rescind any of the above conditions 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 74, No. 184 / Thursday, September 24, 2009 / Notices 48783 

upon demonstration by Mr. Poling of 

good cause. 

VI 

Any person adversely affected by this 

Confirmatory Order, other than Mr. 

Douglas Poling, may request a hearing 

within 20 days of the Order’s 

publication in the Federal Register. 

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 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. 

A request for a hearing must be filed 

in accordance with the NRC E-Filing 

rule, which the NRC promulgated in the 

August 28, 2007, Federal Register (72 

FR 49139). The E-Filing process requires 

participants to submit and serve 

documents over the Internet or, in some 

cases, to mail copies on electronic 

optical storage media. Participants may 

not submit paper copies of their filings 

unless they seek a waiver in accordance 

with the procedures described below. 

To comply with the procedural 

requirements associated with E-Filing, 

at least five days prior to the filing 

deadline the requestor must contact the 

Office of the Secretary by e-mail at 

hearingdocket@nrc.gov, or by calling 

(301) 415–1677, to request: (1) 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 NRC proceeding in which 

it is participating; and/or (2) creation of 

an electronic docket for the proceeding 

(even in instances when the requestor 

(or its counsel or representative) already 

holds an NRC-issued digital ID 

certificate). Each requestor will need to 

download the Workplace Forms 

ViewerTM to access the Electronic 

Information Exchange (EIE), a 

component of the E-Filing system. The 

Workplace Forms ViewerTM is free and 

is available at 

http://www.nrc.gov/site-help/esubmittals/install-viewer.html. 

Information about applying for a digital 

ID certificate also is available on NRC’s 

public Web site at http://www.nrc.gov/ 

site-help/e-submittals/applycertificates.html. 

Once a requestor has obtained a 

digital ID certificate, had a docket 

created, and downloaded the EIE 

viewer, it can then submit a request for 

a hearing through EIE. Submissions 

should be in Portable Document Format 

(PDF) in accordance with NRC guidance 

available on the NRC public Web site at 

http://www.nrc.gov/site-help/esubmittals.html. A filing is considered 

complete at the time the filer submits its 

document through EIE. To be timely, 

electronic filings must be submitted to 

the EIE 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 e-mail notice 

confirming receipt of the document. The 

EIE system also distributes an e-mail 

notice that provides access to the 

document to the NRC 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 document 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 is filed so that they may 

obtain access to the document via the EFiling system. 

A person filing electronically using 

the agency’s adjudicatory E-Filing 

system may seek assistance through the 

‘‘Contact Us’’ link located on the NRC 

Web site at http://www.nrc.gov/sitehelp/e-submittals.html or by calling the 

NRC Meta-System Help Desk, which is 

available between 8 a.m. and 8 p.m., 

Eastern Time, Monday through Friday, 

excluding government holidays. The 

Meta-System Help Desk can be 

contacted by telephone at 1–866–672– 

7640 or by e-mail at 

MSHD.Resource@nrc.gov. 

Participants who believe that they 

have good cause for not submitting 

documents electronically must file a 

motion, 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 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. 

Documents submitted in adjudicatory 

proceedings will appear in NRC’s 

electronic hearing docket which is 

available to the public at http:// 

ehd.nrc.gov/EHD_Proceeding/home.asp, 

unless excluded pursuant to an order or 

policy of the Commission, an Atomic 

Safety and Licensing Board, or a 

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. 

With respect to copyrighted works, 

except for limited excerpts that serve 

the purpose of the adjudicatory filings 

and would constitute a Fair Use 

application, participants are requested 

not to include copyrighted materials in 

their works. 

If a person other than Mr. Douglas 

Poling 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) and (f). 

If the hearing is requested by 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 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 final 20 days 

from the date this Order is published in 

the Federal Register 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. A request for 

hearing shall not stay the immediate 

effectiveness of this order. 

Dated this 16th day of September 2009. 

For the U.S. Nuclear Regulatory 

Commission. 

Mark A. Satorius, 

Regional Administrator, Region III. 

[FR Doc. E9–23038 Filed 9–23–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2009–0418] 

Draft Regulatory Guide: Issuance, 

Availability 

AGENCY: Nuclear Regulatory 

Commission. 


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