Federal Register / Vol. 63, No. 75 / Monday, April 20, 1998 / Notices 19525

1Lourdes Boschuk is the wife of John Boschuk,

Jr., President and Owner of J&L Engineering, Inc.

(JLE). JLT and JLE are located at the same address

and share the same telephone and facsimile

numbers.

NUCLEAR REGULATORY

COMMISSION

[IA 98–020]

Lourdes T. Boschuk, Canonsburg,

Pennsylvania; Order Prohibiting

Involvement in NRC-Licensed

Activities

I

J&L Testing Company, Inc., (Licensee

or JLT) is the holder of Byproduct

Nuclear Material License No. 37–28442–

02 issued by the Nuclear Regulatory

Commission (NRC or Commission)

pursuant to 10 CFR part 30. The license

authorizes possession and use of Troxler

portable nuclear gauges containing

cesium-137 and americium-241 in

sealed sources. The license, originally

issued on February 7, 1995, was

amended on August 22, 1995, and is

due to expire on February 29, 2000. The

License was suspended by Order, dated

September 27, 1995. Lourdes T.

Boschuk is the President and owner of

JLT. Concurrently with this Order, the

NRC is issuing an Order Revoking

License to JLT (EA 96–110).

II

Based on an NRC inspection and an

investigation by the NRC’s Office of

Investigations, the NRC has determined

that Ms. Boschuk, while President and

owner of JLT,1 engaged in a pattern and

practice of willfully violating NRC

requirements and otherwise violated

NRC requirements. Among such

violations are the following:

A. Materially Inaccurate Statements

Made to NRC

(1) A letter accompanying JLT’s

Application for Material License for

Troxler Nuclear Density Gauges, dated

November 21, 1994, and signed by

Lourdes Boschuk as President of JLT,

represented to the NRC that since the

revocation of J&L Engineering’s License

to operate the same Troxler gauges on

August 30, 1993, the gauges had not

been removed from storage or used in

any way. In fact, JLT admittedly used a

gauge on at least four occasions and

invoiced customers for that use after

revocation of the JLE license and before

the NRC issued a license to JLT. JLT

used the gauge for the following

customers: DelSir Supply in December

1993, Johnson Construction in May

1994, Johnson Construction in June

1994, and PA Soil & Rock Company in

July 1994. The materially inaccurate

statement in the JLT application was in

violation of 10 CFR 30.9(a) and made

with careless disregard for the facts by

Ms. Boschuk.

(2) A letter to the NRC dated

September 11, 1995, signed by Lourdes

Boschuk as President of JLT, stated that

the Troxler gauge that was missing at

the time of the NRC inspection on

August 1, 1995, was in Watertown, New

York; and was returned the next day. In

fact, the gauge was transferred to SE

Technologies, Inc., located in

Bridgeville, Pennsylvania, in July 1995

and was not returned to JLT until

August 17, 1995. This statement was in

violation of 10 CFR 30.9(a) and was

made with careless disregard for the

facts by Ms. Boschuk. In addition, the

letter represented that since the NRC

inspection on August 1, 1995, all three

Troxler gauges were located in a locked

storage cabinet at JLT’s premises and

would remain there until the apparent

violations identified in the NRC’s

Inspection Report were resolved. In fact,

one of the gauges had been transferred

on September 6, 1995, to Cashin

Associates, P.C. in New York State, and

was not returned to JLT until September

19 or 20, 1995. This was an inaccurate

statement in violation of 10 CFR 30.9(a)

and was made by Ms. Boschuk with

careless disregard for the facts.

(3) During an enforcement conference

with the NRC on September 15, 1995,

Lourdes Boschuk, as President of JLT,

stated that JLT’s operable Troxler gauge

was in storage and had not been used.

In fact, one of the gauges was transferred

by JLT on September 6, 1995, to Cashin

Associates, P.C. for use at the

Brookhaven Landfill in New York State,

and was not returned to JLT until

September 19 or 20, 1995. This

inaccurate statement was in violation of

10 CFR 30.9(a) and was made by Ms.

Boschuk with careless disregard for the

facts.

(4) A letter to the NRC dated

September 18, 1995, signed by Lourdes

Boschuk as President of JLT, and sent to

the NRC in response to the September

15, 1995, NRC letter confirming JLT’s

commitment at the September 15, 1995,

enforcement conference to refrain from

using the Troxler density gauges

pending resolution of the apparent

violations, made several materially

inaccurate statements. The letter stated

that all JLT’s gauges have been in the

storage cabinet on the JLT premises

since the visit of the NRC inspector.

This was a deliberately inaccurate

statement by Ms. Boschuk in violation

of 10 CFR 30.9(a) and 30.10(a)(2). In

fact, Ms. Boschuk knew no later than

September 15, 1995, during a telephone

call with the Director of JLT,

immediately after the September 15,

1995 enforcement conference, that one

of JLT’s Troxler gauges had been

transferred on September 6, 1995 to

Cashin Associates, P.C. in New York

State.

In addition, the letter stated that all

three JLT Troxler gauges are currently

locked in the designated storage cabinet

on the JLT premises. This inaccurate

statement was in violation of 10 CFR

30.9(a) and was made with at least

careless disregard as to its truth or

falsity by Ms. Boschuk. In fact, Lourdes

Boschuk sent the JLT RSO to retrieve

the gauge which had been transferred to

Cashin Associates, P.C., but the RSO did

not return to JLT with the gauge until

late in the evening of September 19 or

early in the morning of September 20,

1995.

B. Destruction of Records Relating to

Gauge Usage

According to a witness, Lourdes

Boschuk and others destroyed, altered,

sanitized, or otherwise disposed of

business and transactional records

shortly after the August 1995 NRC

inspection of JLT, in order to conceal

from the NRC the unauthorized use and/

or transfer of Troxler gauges by JLT.

Among the records destroyed or

disposed of were invoices and a log

documenting use of the Troxler density

gauges. According to a handwritten

note, created by a JLT employee

immediately after the September 15,

1995 enforcement conference, although

utilization records were made available

to the NRC inspector, those records

could not be subsequently located. The

note further reflected a question

whether the utilization records were

‘‘thrown away during sanitization of

records?’’ Shortly after the August 1995

inspection, the NRC inspector requested

JLT to provide a copy of a utilization

record found during the inspection and

which documented the rental of a gauge

to SE Technologies in September 1994,

when neither JLE nor JLT had a valid

NRC license. JLT did not provide the

invoice and claimed it could no longer

find the document. Condition 19 of

JLT’s License requires that JLT conduct

its licensed activities in accordance

with its Application dated January 6,

1995. The Application mandates that

JLT comply with conditions requiring

the creation of a utilization log for the

gauges and the maintenance of the log

for audit purposes. The destruction of

the utilization log was in violation of

the 10 CFR 30.3 and 30.9(a). The

participation of Lourdes Boschuk in the

deliberate destruction of the utilization

log was in violation of 10 CFR 30.10(a).
19526 Federal Register / Vol. 63, No. 75 / Monday, April 20, 1998 / Notices

III

Based on the above, the NRC

concludes that Lourdes Boschuk,

President and owner of JLT, deliberately

violated NRC requirements, and

otherwise committed willful violations

of NRC requirements. These violations

raise a serious doubt as to whether Ms.

Boschuk can be relied upon to comply

with NRC requirements and to provide

complete and accurate information to

the NRC. The NRC must rely upon the

integrity of persons involved in licensed

activities, especially owners and

officials of NRC licensees. Deliberate

misconduct of the type demonstrated by

Ms. Boschuk cannot be tolerated.

Notwithstanding the revocation of the

JLT license, given Ms. Boschuk’s

repeated failures to adhere to regulatory

requirements, the NRC no longer has the

necessary assurance that Ms. Boschuk’s

participation in licensed activities

would be performed safely and in

accordance with 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

Ms. Boschuk were permitted at this time

to be involved in NRC-licensed

activities. Therefore, the public health,

safety and interest require that Ms.

Boschuk be prohibited from any

involvement in NRC-licensed activities

for a period of five years from the date

of this Order, and if she is currently

involved with another licensee in NRClicensed activities, she must

immediately cease such activities, and

inform the NRC of the name, address

and telephone number of the licensee,

and provide a copy of this Order to the

licensee. Additionally, Ms. Boschuk is

required to notify the NRC of her first

employment or involvement in NRClicensed activities following the

prohibition period.

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, 10 CFR 30.10, and 10 CFR

150.20, it is hereby ordered that:

1. For a period of five years from the

date of this Order, Ms. Boschuk is

prohibited from engaging in NRClicensed 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 in areas of NRC jurisdiction

pursuant to the authority granted by 10

CFR 150.20.

2. For a period of five years from the

date of this Order, Ms. Boschuk shall

provide a copy of this Order to any

prospective employer or business

partner who engages in NRC-licensed

activities (as described in Section IV.1

above) prior to her acceptance of any

employment (whether involved in

licensed activities or not) by, or

partnership or ownership interest in, a

licensee (as described in Section IV.1

above). The purpose of this requirement

is to ensure that the licensee is aware of

Ms. Boschuk’s prohibition from

engaging in NRC-licensed activities.

3. The first time Ms. Boschuk is

employed in NRC-licensed activities, or

acquires a partnership or ownership

interest in a licensee (as described in

Section IV.1 above), following the five

year prohibition in Section IV.1, above,

she shall notify the Regional

Administrator, NRC Region I, 475

Allendale Road, King of Prussia,

Pennsylvania 19406, prior to acquiring

such an interest or prior to engaging in

NRC-licensed activities, including

activities under an Agreement State

license when activities under that

license are conducted in areas of NRC

jurisdiction pursuant to 10 CFR 150.20.

The notice shall include the name,

address, and telephone number of the

NRC or Agreement State licensee and

the location where licensed activities

will be performed.

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, Ms.

Boschuk 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 Ms. Boschuk 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,

Rulemaking 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 Deputy Assistant General Counsel

for Enforcement at the same address, to

the Regional Administrator, NRC Region

I, 475 Allendale Road, King of Prussia,

Pennsylvania 19406, to Ms. Boschuk if

the answer or hearing request is by a

person other than Ms. Boschuk. If a

person other than Ms. Boschuk 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 Ms.

Boschuk 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.

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.

Dated at Rockville, Maryland, this 10th day

of April 1998.

For the Nuclear Regulatory Commission.

James Lieberman,

Director, Office of Enforcement.

[FR Doc. 98–10330 Filed 4–17–98; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

[Docket No. 50–440; License No. NPF–58;

EA 97–430]

Centerior Service Company, Perry

Nuclear Power Plant, Unit 1; Order

Imposing Civil Monetary Penalty

I

Centerior Service Company (Licensee)

is the holder of Operating License No.

NPF–58, issued by the Nuclear

Regulatory Commission (NRC or

Commission) on November 13, 1986.

The license authorizes the Licensee to

operate the Perry Nuclear Power Plant,