55428 Federal Register / Vol. 70, No. 182 / Wednesday, September 21, 2005 / Notices 

Dated at Rockville, Maryland, this 14th day 

of September 2005. 

For the Nuclear Regulatory Commission. 

William A. Macon, Jr., 

Project Manager, Section 2, Project 

Directorate III, Division of Licensing Project 

Management, Office of Nuclear Reactor 

Regulation. 

[FR Doc. 05–18798 Filed 9–20–05; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

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[IA–05–042] 

John Myers, Order Prohibiting 

Involvement in NRC-Licensed 

Activities (Effective Immediately) 

I 

John Myers (Mr. Myers) is owner, 

President and sole employee of 

Universal Calibrations, located in 

Westbrook, Maine. Universal 

Calibrations does not possess a license 

issued by the Nuclear Regulatory 

Commission pursuant to 10 CFR part 30 

or any Agreement State. Mr. Myers is 

certified by Campbell-Pacific Nuclear 

International, Inc. (CPN) a manufacturer 

of nuclear gauging devices, and an 

Agreement State Licensee located in 

California, to sell and repair their 

portable gauges and to train users in 

gauge operations. Mr. Myers performed 

such services for Engineering 

Consulting Service, (ECS, now ECS MidAtlantic, LLC), an NRC licensee, based 

on his CPN certifications. These services 

were provided to the licensee at its 

Richmond and Chantilly, Virginia 

facilities. 

II 

On April 9, 2004, the NRC Office of 

Investigations (OI) initiated an 

investigation to determine if Mr. Myers 

(1) deliberately provided materially 

inaccurate information to staff at the 

ECS, Richmond, facility in order to 

purchase a portable nuclear gauge 

containing NRC licensed material with 

the knowledge that he was not 

authorized to possess licensed material, 

and (2) took possession of several other 

portable nuclear gauges from the ECS, 

Chantilly Facility without a NRC or 

Agreement State license. OI Report No. 

1–2004–019 was issued on March 16, 

2005, and the information developed 

during that investigation concluded that 

Mr. Myers was not licensed by the NRC 

or an Agreement State, to acquire or 

possess licensed material in moisture/ 

density gauging devices. Based on the 

evidence developed during the 

investigation, the NRC concluded that 

Mr. Myers (1) took possession of a 

portable nuclear gauge on September 15, 

2003, from the ECS, Richmond, facility 

after deliberately providing materially 

inaccurate information to facility staff, 

with the knowledge that he was not 

authorized to possess licensed material 

and (2) took possession of several 

portable nuclear gauges on April 29, 

2004, and other undetermined dates 

prior to this date, from the ECS, 

Chantilly Facility and transported them 

to the State of Maine. Mr. Myers was not 

licensed by the NRC as required under 

10 CFR part 30 or an Agreement State, 

to acquire or possess any of the gauges. 

During a previous investigation (OI 

Case No. 1–2004–018), issued on 

November 30, 2004, the NRC also 

determined that in November 2003, Mr. 

Myers took possession of a portable 

nuclear gauge from Triad Engineering, 

Inc. without a license to do so. On 

February 24, 2005, a Notice of Violation 

was issued to Triad Engineering, Inc. for 

transferring licensed material to Mr. 

Myers without verifying that he was 

authorized to receive the material. 

In all of the cases, Mr. Myers 

transported the portable nuclear gauges 

(containing NRC licensed radioactive 

material) that he acquired from the ECS 

facilities and Triad Engineering, to his 

facility (UC) in the State of Maine, 

knowing that he was not authorized to 

do so. 

III 

Based on the above, the NRC has 

concluded that Mr. Myers, owner, 

President and sole employee of 

Universal Calibrations, deliberately 

violated 10 CFR 30.3 when he took 

possession of several portable gauging 

devices containing licensed radioactive 

material without a NRC or Agreement 

State license to possess byproduct 

material. 10 CFR 30.3 requires that no 

person shall manufacture, produce, 

transfer, receive, acquire, own, possess, 

or use byproduct material except as 

authorized in a specific or general 

license. This requirement is intended to 

assure that such persons have the 

requisite facilities, training and 

experience to protect public health and 

safety from any radiation hazard 

associated with the use of byproduct 

material. The NRC must be able to rely 

on its licensees, and employees of 

licensees, to comply with NRC 

requirements, including the requirement 

that licensed material cannot be 

acquired, possessed or transferred 

without a specific or general license. 

The deliberate violation of 10 CFR 30.3 

by Mr. Myers, as discussed above, has 

raised serious doubt as to whether he 

can be relied upon to comply with NRC 

requirements in the future. 

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 

Mr. Myers were permitted at this time 

to be involved in NRC-licensed 

activities. Therefore, the public health, 

safety and interest require that Mr. 

Myers be prohibited from any 

involvement in NRC-licensed activities 

for a period of five (5) years from the 

date of this Order. Furthermore, 

pursuant to 10 CFR 2.202, I find that the 

significance of Mr. Myers’ 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, 10 CFR 30.10, and 10 CFR 

150.20, it is hereby ordered, effective 

immediately, that: 

1. Mr. John Myers is prohibited from 

engaging in NRC-licensed activities for 

a period of five (5) years from the date 

of this Order. 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 Mr. John Myers is currently 

involved in NRC-licensed activities, he 

must immediately cease those activities, 

and inform the NRC of the name, 

address and telephone number of the 

employer or other entity, and provide a 

copy of this Order to the employer or 

other entity. 

3. Subsequent to expiration of the five 

year prohibition, Mr. John Myers shall, 

for the next five years and within 20 

days of acceptance of his first 

employment offer involving NRClicensed activities or his 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, of 

the name, address, and telephone 

number of the employer or entity where 

he is, or will be, involved in the NRClicensed activities. In the notification, 

John Myers shall include a statement of 

his commitment to compliance with 

regulatory requirements and the basis 

why the Commission should have 

confidence that he will now comply 

with applicable NRC requirements. 

The Director, Office of Enforcement, 

may, in writing, relax or rescind any of 

Federal Register / Vol. 70, No. 182 / Wednesday, September 21, 2005 / Notices 55429 

the above conditions upon 

demonstration by Mr. Myers of good 

cause. 

V 

In accordance with 10 CFR 2.202, 

John Myers 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 Mr. Myers 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: 

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 

Materials Litigation and Enforcement at 

the same address, to the Regional 

Administrator, NRC Region I, 475 

Allendale Road, King of Prussia, 

Pennsylvania, and to Mr. Myers if the 

answer or hearing request is by a person 

other than Mr. Myers. Because of 

continuing disruptions in delivery of 

mail to United States Government 

offices, it is requested that answers and 

requests for hearing be transmitted to 

the Secretary of the Commission either 

by means of facsimile transmission to 

301–415–1101 or by e-mail to 

hearingdocket@nrc.gov and also to the 

Office of the General Counsel either by 

means of facsimile transmission to 301–

415–3725 or by e-mail to 

OGCMailCenter@nrc.gov. If a person 

other than Mr. Myers 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. 

If a hearing is requested by Mr. Myers 

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), Mr. 

Myers, 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. 

For the Nuclear Regulatory Commission. 

Dated this 9th day of September 2005. 

Martin J. Virgilio, 

Deputy Executive Director for Materials, 

Research, State and Compliance Programs, 

Office of the Executive Director for 

Operations. 

[FR Doc. 05–18797 Filed 9–20–05; 8:45 am] 

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Advisory Committee on Reactor 

Safeguards 

Meeting of the Subcommittee on Plant 

License Renewal; Notice of Meeting 

The ACRS Subcommittee on Plant 

License Renewal will hold a meeting on 

October 5, 2005, Room T–2B3, 11545 

Rockville Pike, Rockville, Maryland. 

The entire meeting will be open to 

public attendance. 

The agenda for the subject meeting 

shall be as follows: 

Wednesday, October 5, 2005—12:30 

p.m. until 5 p.m. 

The purpose of this meeting is to 

discuss the License Renewal 

Application and associated Safety 

Evaluation Report (SER) with Open 

Items related to the License Renewal of 

the Browns Ferry Nuclear Plant, Units 1, 

2, and 3. The Subcommittee will hear 

presentations by and hold discussions 

with representatives of the NRC staff, 

the Tennessee Valley Authority, and 

other interested persons regarding this 

matter. The Subcommittee will gather 

information, analyze relevant issues and 

facts, and formulate proposed positions 

and actions, as appropriate, for 

deliberation by the full Committee. 

Members of the public desiring to 

provide oral statements and/or written 

comments should notify the Designated 

Federal Official, Mr. Cayetano Santos 

(telephone 301/415–7270) five days 

prior to the meeting, if possible, so that 

appropriate arrangements can be made. 

Electronic recordings will be permitted. 

Further information regarding this 

meeting can be obtained by contacting 

the Designated Federal Official between 

7:30 a.m. and 4:15 p.m. (e.t.). Persons 

planning to attend this meeting are 

urged to contact the above named 

individual at least two working days 

prior to the meeting to be advised of any 

potential changes to the agenda. 

Dated: September 14, 2005. 

Michael L. Scott, 

Branch Chief, ACRS/ACNW. 

[FR Doc. 05–18799 Filed 9–20–05; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

Advisory Committee on Reactor 

Safeguards 

Subcommittee Meeting on Planning 

and Procedures; Notice of Meeting 

The ACRS Subcommittee on Planning 

and Procedures will hold a meeting on 

October 5, 2005, Room T–2B1, 11545 

Rockville Pike, Rockville, Maryland. 

The entire meeting will be open to 

public attendance, with the exception of 

a portion that may be closed pursuant 

to 5 U.S.C. 552b(c) (2) and (6) to discuss 

organizational and personnel matters 

that relate solely to the internal 

personnel rules and practices of the 

ACRS, and information the release of 

which would constitute a clearly 

unwarranted invasion of personal 

privacy. 

The agenda for the subject meeting 

shall be as follows: 

Wednesday, October 5, 2005, 10 a.m.–

11:30 a.m. 

The Subcommittee will discuss 

proposed ACRS activities and related 

matters. The Subcommittee will gather 

information, analyze relevant issues and 

facts, and formulate proposed positions 

and actions, as appropriate, for 

deliberation by the full Committee. 

Members of the public desiring to 

provide oral statements and/or written 

comments should notify the Designated