43360 Federal Register / Vol. 62, No. 156 / Wednesday, August 13, 1997 / Notices

Commission should have confidence

that she will now comply with

applicable NRC requirements.

The Director, OE, may, in writing,

relax or rescind any of the above

conditions upon demonstration by Ms.

Blacklock of good cause.

V

In accordance with 10 CFR 2.202, Ms.

Blacklock must, and any other person

adversely affected by this Order may,

submit an answer to this Order, and

may request a hearing on this Order,

within 20 days of the date of this Order.

Where good cause is shown,

consideration will be given to extending

the time to request a hearing. A request

for extension of time must be made in

writing to the Director, Office of

Enforcement, U.S. Nuclear Regulatory

Commission Washington, D.C. 20555,

and include a statement of good cause

for the extension. The answer may

consent to this Order. Unless the answer

consents to this Order, the answer shall,

in writing and under oath or

affirmation, specifically admit or deny

each allegation or charge made in this

Order and shall set forth the matters of

fact and law on which Ms. Blacklock or

other person adversely affected relies

and the reasons as to why the Order

should not have been issued. Any

answer or request for a hearing shall be

submitted to the Secretary, U.S. Nuclear

Regulatory Commission, Attn: Chief,

Rulemakings and Adjudications Staff,

Washington, DC 20555. Copies also

shall be sent to the Director, Office of

Enforcement, U.S. Nuclear Regulatory

Commission, Washington, DC 20555, to

the Assistant General Counsel for

Hearings and Enforcement at the same

address, to the Regional Administrator,

NRC Region I, U.S. Nuclear Regulatory,

475 Allendale Road, King of Prussia,

Pennsylvania 19406, and to Ms.

Blacklock if the answer or hearing

request is by a person other than Ms.

Blacklock. If a person other than Ms.

Blacklock requests a hearing, that

person shall set forth with particularity

the manner in which that person’s

interest is adversely affected by this

Order and shall address the criteria set

forth in 10 CFR 2.714(d).

If a hearing is requested by Ms.

Blacklock or a person whose interest is

adversely affected, the Commission will

issue an Order designating the time and

place of any hearing. If a hearing is held,

the issue to be considered at such

hearing shall be whether this Order

should be sustained.

Pursuant to 10 CFR 2.202(c)(2)(i), Ms.

Blacklock may, in addition to

demanding a hearing, at the time the

answer is filed or sooner, move the

presiding officer to set aside the

immediate effectiveness of the Order on

the ground that the Order, including the

need for immediate effectiveness, is not

based on adequate evidence but on mere

suspicion, unfounded allegations, or

error.

In the absence of any request for

hearing, or written approval of an

extension of time in which to request a

hearing, the provisions specified in

Section IV above shall be final 20 days

from the date of this Order without

further order or proceedings. If an

extension of time for requesting a

hearing has been approved, the

provisions specified in Section IV shall

be final when the extension expires if a

hearing request has not been received.

An answer or a request for hearing shall

not stay the immediate effectiveness of

this order.

Dated at Rockville, Maryland, this 5th day

of August 1997.

For the Nuclear Regulatory Commission.

Ashok C. Thadani,

Acting Deputy Executive Director for

Regulatory Effectiveness.

[FR Doc. 97–21361 Filed 8–12–97; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

[IA 97–064]

Order Prohibiting Involvement in NRCLicensed Activities (Effective

Immediately) Pending Further Order;

Magdy Elamir, M.D., Newark, New

Jersey

I

Magdy Elamir, M.D., (Dr. Elamir), is

the Owner/President of Newark Medical

Associates, P.A. (licensee), an NRC

licensee who is the holder of Byproduct

Nuclear Material License No. 29–30282–

01 (license) issued by the Nuclear

Regulatory Commission (NRC or

Commission) pursuant to 10 CFR part

30. The license authorizes possession

and use of any radiopharmaceutical

identified in 10 CFR 35.200 for any

imaging and localization procedure

approved in 10 CFR 35.200. The license

was originally issued on September 25,

1996, and is due to expire on September

30, 2001.

II

On January 29, 1997, the NRC

conducted an inspection at the

licensee’s facility in Newark, New

Jersey. During the inspection, several

apparent violations of NRC

requirements were identified. One of the

violations involved the continued use of

radioactive material by the licensee

despite the fact that the only authorized

user listed on the license (who was also

listed as the Radiation Safety Officer

(RSO)), had not ever performed any

authorized user or RSO duties and had

not ever been affiliated with the

company. Specifically, Gerard W.

Moskowitz, M.D. (Dr. Moskowitz), was

listed on the application as the RSO and

authorized user without his knowledge.

Dr. Moskowitz did not become aware

that he was listed on the application

and the license until notified by the

NRC on February 6, 1997, more than

four months after the license was

originally issued.

Subsequent to the inspection, the

NRC verified, based on an investigation

by the NRC Office of Investigations (OI),

that the licensee’s letter, dated February

22, 1996, signed by Dr. Elamir,

transmitting the license application

(NRC Form 313), dated February 2,

1996, was inaccurate in that it listed Dr.

Moskowitz as the authorized user and

Radiation Safety Officer without Dr.

Moskowitz’s consent or knowledge and

without Dr. Moskowitz ever having been

affiliated or associated with the

licensee. Further, Dr. Moskowitz did not

ever perform the role of RSO at the

licensee’s facility. As such, the

licensee’s application for a material

license to possess and use byproduct

material was provided with information

that was not complete and accurate in

all material respects. These inaccurate

statements in the licensee’s application,

signed by Dr. Elamir, formed, in part,

the basis for the issuance of the license

to Newark Medical Associates on

September 25, 1996. Further, the

licensee continued to conduct NRClicensed activities even though Dr.

Elamir knew that the licensee did not

have an RSO.

III

Although the NRC staff’s review of the

results of the OI investigation is

ongoing, the evidence that NRC has

obtained indicates that Dr. Elamir’s

actions in causing violations of NRC

requirements were deliberate. The NRC

must be able to rely on the licensee and

its employees to comply with NRC

requirements. Condition No. 13 of the

license required that each use of

licensed material be done by, or under

the supervision of Dr. Moskowitz as the

authorized user named therein. NRC

requires that the RSO named on the

license implement a radiation safety

program pursuant to 10 CFR 35.21. NRC

also requires that all communications

between the licensee and the NRC be

complete and accurate in all material

respects, pursuant to 10 CFR 30.9.
Federal Register / Vol. 62, No. 156 / Wednesday, August 13, 1997 / Notices 43361

Pursuant to 10 CFR 30.10, deliberate

misconduct on the part of a licensee or

its employee or contractor is prohibited.

The term ‘‘deliberate misconduct’’

includes an intentional act that the

person knows would violate a

Commission requirement. The evidence

to date demonstrates that Dr. Elamir,

acting in violation of 10 CFR 30.10,

deliberately violated NRC requirements.

Consequently, I lack the requisite

reasonable assurance that licensed

activities can be conducted in

compliance with the Commission’s

requirements and that the health and

safety of the public will be protected if

Dr. Elamir were permitted at this time

to be involved in NRC-licensed

activities. Therefore, the public health,

safety and interest require that Dr.

Elamir be prohibited from any

involvement in NRC-licensed activities

pending further order. Furthermore,

pursuant to 10 CFR 2.202, I find that the

significance of Dr. Elamir’s conduct

described above is such that the public

health, safety and interest require that

this Order be immediately effective.

IV

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 30.10, Part 35,

and 10 CFR 150.20, It is hereby ordered

that, effective immediately:

1. Pending further order, Dr. Elamir is

prohibited from engaging in NRClicensed activities. This prohibition

applies to Dr. Elamir as an employee,

contractor, consultant, or other agent of

a license and includes, but is not

limited to: (1) Any use of NRC-licensed

materials; (2) supervising licensed

activities, including (but not limited to)

hiring of individuals engaged in

licensed activities or directing or

managing individuals engaged in

licensed activities; (3) radiation safety

activities including (but not limited to)

functions of the Radiation Safety

Officer; and (4) development of license

applications, procedures, and policies to

meet license requirements, providing

training to meet license requirements,

and providing professional services to

meet license requirements. NRClicensed 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 in areas of NRC

jurisdiction pursuant to the authority

granted by 10 CFR 150.20.

2. If Dr. Elamir is currently involved

in NRC-licensed activities other than at

Newark Medical Associates, P.A., he

must, as of the effective date of this

Order: (1) Immediately cease such

activities; (2) inform the NRC of the

name, address and telephone number of

the NRC-licensed entity or entities

where the activities are being

conducted; and (3) provide a copy of

this order to all such NRC-licensed

entities.

The Director, Office of Enforcement,

may, in writing, relax or rescind any of

the above conditions upon

demonstration by the licensee of good

cause.

V

In accordance with 10 CFR 2.202, Dr.

Elamir must, and any other person

adversely affected by this Order may,

submit an answer to this Order and may

request a hearing on this Order, within

20 days of the date of this Order. Where

good cause is shown, consideration will

be given to extending the time to request

a hearing. A request for extension of

time must be made in writing to the

Director, Office of Enforcement, U.S.

Nuclear Regulatory Commission

Washington, DC 20555, and include a

statement of good cause for the

extension. The answer may consent to

this Order. Unless the answer consents

to this Order, the answer shall, in

writing and under oath or affirmation,

specifically admit or deny each

allegation or charge made in this Order

and shall set forth the matters of fact

and law on which Dr. Elamir or other

person adversely affected relies and the

reasons as to why the Order should not

have been issued. Any answer or

request for a hearing shall be submitted

to the Secretary, U.S. Nuclear

Regulatory Commission, Attn: Chief,

Docketing and Service Section,

Washington, DC 20555. Copies also

shall be sent to the Director, Office of

Enforcement, U.S. Nuclear Regulatory

Commission, Washington, DC 20555, to

the Assistant General Counsel for

Hearings and Enforcement at the same

address, to the Regional Administrator,

NRC Region I, 475 Allendale Road, King

of Prussia, Pennsylvania 19406, and to

Dr. Elamir if the answer or hearing

request is by a person other than Dr.

Elamir. If a person other than Dr. Elamir

requests a hearing, that person shall set

forth with particularity the manner in

which his or her interest is adversely

affected by this Order and shall address

the criteria set forth in 10 CFR 2.714(d).

If a hearing is requested by Dr. Elamir

or a person whose interest is adversely

affected, the Commission will issue an

Order designating the time and place of

any hearing. If a hearing is held, the

issue to be considered at such hearing

shall be whether this Order should be

sustained.

Pursuant to 10 CFR 2.202(c)(2)(i), Dr.

Elamir may, in addition to demanding a

hearing, at the time the answer is filed

or sooner, move the presiding officer to

set aside the immediate effectiveness of

the Order on the ground that the Order,

including the need for immediate

effectiveness, is not based on adequate

evidence but on mere suspicion,

unfounded allegations, or error.

In the absence of any request for a

hearing, or written approval of an

extension of time in which to request a

hearing, the provisions specified in

Section IV above shall be final 20 days

from the date of this Order without

further order or proceedings. If an

extension of time for requesting a

hearing has been approved, the

provisions specified in Section IV shall

be final when the extension expires if a

hearing request has not been received.

An answer or a request for a hearing

shall not stay the immediate

effectiveness of this order.

For the Nuclear Regulatory Commission.

Edward L. Jordan,

Deputy Executive Director for Regulatory

Effectiveness.

[FR Doc. 97–21363 Filed 8–12–97; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

[IA 97–060]

Steven F. Nevin; Order Prohibiting

Involvement in NRC-Licensed

Activities (Effective Immediately)

I

Mr. Steven F. Nevin (Mr. Nevin) was

formerly employed by PECO Energy

Company at the Limerick Generating

Station (PECO, Limerick, or Licensee) as

a chemist. PECO holds Facility License

No. NPF–39 and NPF–84 issued by the

Nuclear Regulatory Commission (NRC

or Commission) pursuant to 10 CFR part

50. These licenses authorize PECO to

operate the Limerick Station, Units 1

and 2, in accordance with the

conditions specified therein.

II

On February 7, 1996, while a Reactor

Enclosure Cooling Water (RECW)

radiation monitor was inoperable, the

Licensee was required, in accordance

with Technical Specification 3.3.7.1,

ACTION 72, to obtain and analyze at

least one grab sample from the RECW

system at least once per 24 hours. On

that date, the sample needed to be taken

by 11:00 a.m. to meet that requirement.