14166 Federal Register / Vol. 74, No. 59 / Monday, March 30, 2009 / Notices 

NUCLEAR REGULATORY 

COMMISSION 

[IA–08–072]; [NRC–2009–0141] 

In the Matter of: Jennifer O’NeillTorres; Order Prohibiting Involvement 

in NRC-Licensed Activities 

I 

Jennifer O’Neill-Torres is the 

President and Radiation Safety Officer 

(RSO) at S&M Testing Laboratory (S&M 

Testing) (Licensee) in Gurabo, Puerto 

Rico (PR). S&M Testing Laboratory 

holds License No. 52–25133–01 

originally issued to Turabo Corporation 

by the Nuclear Regulatory Commission 

(NRC or Commission) pursuant to 10 

CFR Part 30 on March 25, 1991, and 

transferred to S&M Testing on December 

31, 2002. The license authorizes 

possession and use of sealed radioactive 

sources for use in portable gauging 

devices for measuring physical 

properties of materials in accordance 

with the conditions specified therein. 

Jennifer O’Neill-Torres is listed on the 

license as the Radiation Safety Officer. 

II 

An NRC inspection was conducted 

from May 1, 2007, through September 

23, 2008, and an investigation by the 

NRC Office of Investigations (OI) was 

initiated on March 7, 2008, regarding 

licensed activities at S&M Testing 

Laboratory. An OI investigation was 

conducted, in part, to determine 

whether a deliberate violation of NRC 

requirements had occurred and was 

completed on November 10, 2008. 

Based on the results of the inspection 

and the investigation, the NRC 

concluded that Jennifer O’Neill-Torres 

deliberately caused the Licensee to be in 

violation of NRC regulations, namely: 

(1) 10 CFR 30.34I, in that she 

deliberately failed to obtain NRC 

approval via an amendment to S&M 

Testing’s NRC license to authorize 

storage of licensed gauges at an alternate 

location prior to moving all gauges from 

authorized storage location in Caguas, 

PR to an unauthorized storage location 

in Gurabo, PR; and (2) 10 CFR 30.52(a), 

in that she deliberately failed to provide 

the NRC an opportunity to inspect the 

gauges after she: failed to respond to 

repeated contact attempts by the NRC; 

was uncooperative and refused to 

provide an NRC inspector information 

regarding the licensed gauges including 

their location and conditions of storage 

during a telephone conversation on 

December 6, 2007; and failed to respond 

to subsequent contact attempts until 

located by the NRC OI with assistance 

from the Federal Bureau of Investigation 

on August 6, 2008. 

III 

Based on the above, it appears that 

Jennifer O’Neill-Torres, an employee of 

S&M Testing has engaged in deliberate 

misconduct, contrary to 10 CFR 30.10, 

which states, in part, that any Licensee 

or employee of a Licensee may not 

engage in deliberate misconduct that 

causes a Licensee to be in violation of 

any rule, regulation, or order issued by 

the Commission. The NRC must be able 

to rely on the Licensee and its 

employees to comply with NRC 

requirements. Jennifer O’Neill-Torres’s 

action in deliberately causing the 

Licensee to violate NRC requirements, 

including 10 CFR 30.34I and 10 CFR 

30.52(a), has raised serious doubt as to 

whether she can be relied upon to 

comply with 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 

Jennifer O’Neill-Torres were permitted 

at this time to be involved in NRClicensed activities. Therefore, the public 

health, safety and interest require that 

Jennifer O’Neill-Torres be prohibited 

from any involvement in NRC-licensed 

activities for a period of 5 years from the 

date of this Order. Additionally, Jennifer 

O’Neill-Torres is required to notify the 

NRC of her first employment in NRClicensed activities for a period of 5 years 

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. Jennifer O’Neill-Torres is 

prohibited for 5 years from the date of 

this Order 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 pursuant to the authority 

granted by 10 CFR 150.20. 

2. If Jennifer O’Neill-Torres is 

currently involved with another 

licensee in NRC-licensed activities, she 

must immediately cease those activities, 

and inform the NRC of the name, 

address and telephone number of the 

employer, and provide a copy of this 

order to the employer. 

3. For a period of 5 years after the 5 

year period of prohibition has expired, 

Jennifer O’Neill-Torres shall, within 20 

days of acceptance of her first 

employment offer involving NRClicensed activities or her becoming 

involved in NRC-licensed activities, as 

defined in Paragraph IV.1 above, 

provide notice to the Director, Office of 

Enforcement, U. S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001, of the name, address, and 

telephone number of the employer or 

the entity where she is, or will be, 

involved in the NRC-licensed activities. 

In the notification, Jennifer O’NeillTorres shall include a statement of her 

commitment to compliance with 

regulatory requirements and the basis 

why the 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 

Jennifer O’Neill-Torres of good cause. 

V 

In accordance with 10 CFR 2.202, 

Jennifer O’Neil-Torres must, and any 

other person adversely affected by this 

Order may, submit an answer to this 

Order within 20 days of its issuance. In 

addition, Jennifer O’Neil-Torres and any 

other person adversely affected by this 

Order may request a hearing on this 

Order within 20 days of its issuance. 

Where good cause is shown, 

consideration will be given to extending 

the time to answer or request a hearing. 

A request for extension of time must be 

directed to the Director, Office of 

Enforcement, U.S. Nuclear Regulatory 

Commission, 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 

August 2007, 72 FR 49,139 (Aug. 28, 

2007). 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 (5) 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 


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Federal Register / Vol. 74, No. 59 / Monday, March 30, 2009 / Notices 14167 

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 may 

seek assistance through the ‘‘Contact 

Us’’ link located on the NRC Web site 

at http://www.nrc.gov/site-help/ 

e-submittals.html or by calling the NRC 

technical help line, which is available 

between 8:30 a.m. and 4:15 p.m., 

Eastern Time, Monday through Friday. 

The electronic filing Help Desk can be 

contacted by telephone at 1–866–672– 

7640 or by e-mail at 

MHSD.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 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 Jennifer O’NeillTorres 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). 

If a hearing is requested by Jennifer 

O’Neill-Torres or a person whose 

interest is adversely affected, the 

Commission will issue an Order 

designating the time and place of any 

hearings. 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 this 23rd day of March 2009. 

For the Nuclear Regulatory Commission. 

Cynthia A. Carpenter, 

Director, Office of Enforcement. 

[FR Doc. E9–6995 Filed 3–27–09; 8:45 am] 

BILLING CODE 

PENSION BENEFIT GUARANTY 

CORPORATION 

Privacy Act of 1974, System of 

Records 

AGENCY: Pension Benefit Guaranty 

Corporation. 

ACTION: Notice of new system of records. 

SUMMARY: This document provides 

notice of a proposed new Privacy Act 

system of records. The Pension Benefit 

Guaranty Corporation (PBGC) is 

establishing a new system of records 

entitled ‘‘PBGC–17, Office of Inspector 

General Investigative File System— 

PBGC,’’ subject to the Privacy Act of 

1974, as amended. The information 

from the new system of records will be 

used by the PBGC’s Office of Inspector 

General to conduct criminal, civil, and 

administrative investigations, and will 

contain identifying information about 

potential subjects and sources. 

DATES: Comments on the new system of 

records and proposed routine uses must 

be received on or before April 29, 2009. 

The new system of records will become 

effective on May 14, 2009 without 

further notice, unless comments result 

in a contrary determination and a notice 

is published to that effect. 

ADDRESSES: Comments may be 

submitted by any of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the Web 

site instructions for submitting 

comments. 

• E-mail: reg.comments@pbgc.gov. 

• Fax: 202–326–4224. 

• Mail or Hand Delivery: Legislative 

and Regulatory Department, Pension 

Benefit Guaranty Corporation, 1200 K 

Street, NW., Washington, DC 20005– 

4026. 

Comments received, including 

personal information provided, will be 

posted to http://www.pbgc.gov. Copies 

of comments may also be obtained by 

writing to Disclosure Division, Office of 

General Counsel, Pension Benefit 

Guaranty Corporation, 1200 K Street, 

NW., Washington, DC 20005–4026, or 

calling 202–326–4040 during normal 

business hours. (TTY and TDD users 

may call the Federal relay service tollVerDate Nov<24>2008 18:33 Mar 27, 2009 Jkt 217001 PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 E:\FR\FM\30MRN1.SGM 30MRN1

sroberts on PROD1PC70 with NOTICES