Federal Register / Vol. 60, No. 74 / Tuesday, April 18, 1995 / Notices 19419

1Otho G. Jones’ previous company, Tumbleweed

X-Ray Company, was prohibited by Order for

conducting licensed activities in non-Agreement

Continued

petitioner intends to rely to establish

those facts or expert opinion. Petitioner

must provide sufficient information to

show that a genuine dispute exists with

the applicant on a material issue of law

or fact. Contentions shall be limited to

matters within the scope of the

amendment under consideration. The

contention must be one which, if

proven, would entitle the petitioner to

relief. A petitioner who fails to file such

a supplement which satisfies these

requirements with respect to at least one

contention will not be permitted to

participate as a party.

Those permitted to intervene become

parties to the proceeding, subject to any

limitations in the order granting leave to

intervene, and have the opportunity to

participate fully in the conduct of the

hearing, including the opportunity to

present evidence and cross-examine

witnesses.

If the amendment is issued before the

expiration of the 30-day hearing period,

the Commission will make a final

determination on the issue of no

significant hazards consideration. If a

hearing is requested, the final

determination will serve to decide when

the hearing is held.

If the final determination is that the

amendment request involves no

significant hazards consideration, the

Commission may issue the amendment

and made it immediately effective,

notwithstanding the request for a

hearing. Any hearing held would take

place after issuance of the amendment.

If the final determination is that the

amendment request involves a

significant hazards consideration, any

hearing held would take place before

the issuance of any amendment.

A request for a hearing or a petition

for leave to intervene must be filed with

the Secretary of the Commission, U.S.

Nuclear Regulatory Commission,

Washington, DC 20555, Attention:

Docketing and Services Branch, or may

be delivered to the Commission’s Public

Document Room, the Gelman Building,

2120 L Street, NW., Washington, DC, by

the above date. Where petitions are filed

during the last 10 days of the notice

period, it is requested that the petitioner

promptly so inform the Commission by

a toll-free telephone call to Western

Union at 1–(800) 248–5100 (in Missouri

1–(800) 342–6700). The Western Union

operator should be given Datagram

Identification Number N1023 and the

following message addressed to John F.

Stolz: petitioner’s name and telephone

number, date petition was mailed, plant

name, and publication date and page

number of this Federal Register notice.

A copy of the petition should also be

sent to the Office of the General

Counsel, U.S. Nuclear Regulatory

Commission, Washington, DC 20555,

and to Gerald Charnoff, Esquire, Shaw,

Pittman, Potts & Trowbridge, 2300 N

Street, NW., Washington, DC 20037,

attorney for the licensee.

Nontimely filings of petitions for

leave to intervene, amended petitions,

supplemental petitions and/or requests

for hearing will not be entertained

absent a determination by the

Commission, the presiding officer or the

presiding Atomic Safety and Licensing

Board that the petition and/or request

should be granted based upon a

balancing of the factors specified in 10

CFR 2.714(a)(1)(i)–(v) and 2.714(d).

For further details with respect to this

action, see the application for

amendment dated April 10, 1995, as

supplemented April 12, 1995, which is

available for public inspection at the

Commission’s Public Document Room,

the Gelman Building, 2120 L Street,

NW., Washington, DC, and at the local

public document room, located at the B.

F. Jones Memorial Library, 663 Franklin

Avenue, Aliquippa, Pennsylvania,

20037.

Dated at Rockville, Maryland, this 12th day

of April 1995.

For the Nuclear Regulatory Commission.

Leonard N. Olshan,

Senior Project Manager, Project Directorate

I–2, Division of Reactor Projects—I/II, Office

of Nuclear Reactor Regulation.

[FR Doc. 95–9505 Filed 4–17–95; 8:45 am]

BILLING CODE 7590–01–M

[Docket No. 150–00003 and License No.

ARK–740–BP–1–94 EA 94–241]

Otho G. Jones (d.b.a. Jones Inspection

Services) Alderson, Oklahoma; Order

Suspending Authority Under General

License (Effective Immediately)

I

Jones Inspection Services is the

holder of Radioactive Material License

ARK–740–BP–1–94 (License) issued by

the State of Arkansas, an NRC

Agreement State. The License, as

amended on December 22, 1994,

authorizes Jones Inspection Services to

possess, store and use sealed radioactive

sources in various radiographic

exposure devices in the State of

Arkansas. Jones Inspection Services

does not hold a specific NRC license. In

accordance with 10 CFR 150.20, a

general license is granted to Agreement

State licensees to conduct the same

activities in areas under NRC

jurisdiction (referred to as ‘‘reciprocity’’)

provided that the NRC is notified and

the other provisions of 10 CFR 150.20

are followed.

II

On July 14, 1994, an NRC

investigation was conducted to

determine whether Mr. Otho G. Jones,

dba Jones Inspection Services, was

using regulated byproduct material in

NRC jurisdiction without NRC

authorization. Based on interviews with

Mr. Jones, the sole proprietor of Jones

Inspection Services, and on documents

obtained from the Central Oklahoma Oil

and Gas Company, the investigation

confirmed that Jones Inspection

Services had illegally used and

possessed regulated byproduct material

in Oklahoma, a non-Agreement State in

which the NRC maintains regulatory

authority over such material. The NRC’s

investigation determined that Jones

Inspection Services stored three

radiographic exposure devices

containing sealed sources of radioactive

material in Oklahoma from at least

January 1, 1994, to July 1994, and that

these devices had been used to perform

industrial radiography in Oklahoma

from April 1, 1994, to June 27, 1994 for

Central Oklahoma Oil and Gas

Company. The investigation also

determined that these activities were

conducted without NRC authorization.

Specifically, the investigation found

that Jones Inspection Services did not

hold an NRC license as required by 10

CFR 30.3 and that Jones Inspection

Services did not notify the NRC, in

accordance with the provisions of 10

CFR 150.20, that it planned to conduct

radiography at temporary job sites in

NRC jurisdiction. Thus, these activities

were not subject to inspection by the

NRC to assure the protection of the

public health and safety.

In a signed statement Mr. Jones

provided to the NRC investigator, Mr.

Jones said that he did not know he had

to notify the NRC and did not know to

whom the information should be

provided. Further, Mr. Jones indicated

that he ‘‘did think to call the NRC about

reciprocity, but I am afraid of the NRC

and did not want more hassle [sic] so I

chose not to call them about working in

Oklahoma.’’ Furthermore, Mr. Jones was

the sole proprietor of Tumbleweed XRay Company in September 1991 when

that company was issued an NRC order

specifically suspending its authority to

conduct radiography activities in

Oklahoma and other states in which

NRC maintained regulatory authority.1
19420 Federal Register / Vol. 60, No. 74 / Tuesday, April 18, 1995 / Notices

States until September 6, 1994. Thus, had Mr. Jones

notified the NRC of his intent to conduct

radiography activities in Oklahoma in early 1994,

it is likely that the NRC would have acted to

prohibit those activities.

On July 21, 1994, the NRC issued a

Confirmatory Action Letter (CAL 4–94–

07) which described voluntary

commitments made by Mr. Jones to

discontinue the use of three

radiographic exposure devices in his

possession and to transfer the devices to

authorized recipients. Mr. Jones

informed NRC Region IV personnel on

the same date that he had transferred

two devices to an NRC licensee in the

State of Oklahoma and was preparing to

ship a third device on or around August

8, 1994. These commitments were

replaced and superseded by the Order to

Cease and Desist Use and Possession of

Regulated Byproduct Material in NRC

Jurisdiction dated July 26, 1994. Since

that time, Mr. Jones has received

Amendment 07, dated December 22,

1994, to his Arkansas License ARK–

740–BP–1–94 to store radioactive

byproduct material in the State of

Arkansas and at temporary job sites.

This does not include areas under NRC

jurisdiction.

On January 31, 1995, the NRC

conducted an enforcement conference

with Mr. Jones to ascertain the

circumstances under which Mr. Jones

conducted licensed activities in NRC

jurisdiction without obtaining a specific

or general use license. During that

conference, Mr. Jones stated, in part,

that he was unaware of NRC

requirements related to an Agreement

State licensee’s conduct of radiography

in the State of Oklahoma (a nonAgreement State) and that he had made

no effort to determine what the

requirements were. Based on the

information provided during the

conference, it was determined that Mr.

Jones was not knowledgeable of current

NRC requirements. While Mr. Jones

stated that he knew ‘‘radiation safety

[requirements] to the letter,’’ he

admitted that he had ‘‘no idea’’ if NRC

requirements for radiography had

changed in the last three years.

Furthermore, despite the fact that Mr.

Jones filed for reciprocity in Kansas and

Kentucky, both of which are Agreement

States, he did not take reasonable steps

to determine the reciprocity

requirements for working in Oklahoma.

III

Based on the above, the NRC

concludes that Mr. Otho G. Jones has

demonstrated careless disregard for NRC

requirements. This resulted in Mr.

Jones’ use of regulated byproduct

material in NRC jurisdiction without

first acquiring an NRC specific use

license or following the reciprocity

requirements of 10 CFR 30.3 and 10 CFR

150.20, respectively. This is prohibited

by Section 81 of the Atomic Energy Act

(AEA) of 1954, as amended, and by 10

CFR 30.3, which state that (except for

persons exempt as provided in 10 CFR

Parts 30 and 150) no person shall

possess or use byproduct material,

except as authorized in a specific or

general use NRC license.

Improper handling of byproduct

material can result in unnecessary

exposure to radiation and, in some

cases, serious injury. The Atomic

Energy Act and the Commission’s

regulations require that the possession

of licensed material be under a

regulated system of licensing and

inspection. Mr. Jones’ actions in this

case prevented the NRC from assuring,

through licensing and inspection, that

byproduct material is being used safely

and in accordance with all NRC

requirements.

Based on Mr. Jones’ lack of knowledge

and competence in following, and

careless disregard for, NRC

requirements, I lack the requisite

reasonable assurance that Jones

Inspection Services can conduct

licensed activities in compliance with

NRC requirements and that the health

and safety of the public will be

protected in areas under NRC

jurisdiction should Mr. Jones, Jones

Inspection Services, or any successor

entity engage in activities under the

reciprocity provisions of 10 CFR 150.20.

Therefore, the public health, safety, and

interest require that the July 26, 1994

Order to Mr. Otho G. Jones, d.b.a. Jones

Inspection Services, be superseded by

this Order to suspend Mr. Jones’, Jones

Inspection Services’, or any successor

entity’s authority granted by 10 CFR

150.20 to conduct activities in NRC

jurisdiction. This Order is applicable to

successor entities engaged in NRC or

Agreement State licensed activities

within NRC jurisdiction wherein Mr.

Jones is a corporate officer or owner.

Furthermore, pursuant to 10 CFR 2.202,

I find that the significance of the

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, 182 and 186 of the Atomic

Energy Act of 1954, as amended, and

the Commission’s regulations in 10 CFR

2.202, 10 CFR Part 30 and 10 CFR Part

150, It is hereby ordered, effective

immediately, that the authority of Mr.

Otho G. Jones, d.b.a. Jones Inspection

Services, and any successor entity in

which Mr. Jones is a corporate officer or

owner, to conduct activities in areas

under NRC jurisdiction under the

general license granted by 10 CFR

150.20(a) is suspended.

The Regional Administrator, Region

IV, may, in writing, relax or rescind this

Order upon demonstration by Mr. Jones

for good cause. Any request by Mr.

Jones for relaxation or rescission of this

Order must address the following:

A. Demonstration of Mr. Jones’

understanding of applicable NRC

requirements for the possession, storage

and use of regulated byproduct material

in NRC jurisdiction prior to filing an

NRC From 241 for performance of

licensed activities in areas of NRC

jurisdiction under the provisions of 10

CFR 150.20. This will require that Mr.

Jones complete a formal training process

and satisfactorily pass a written exam

administered during the formal training

process on NRC regulations applicable

to the use of regulated byproduct

material. Formal training shall be

conducted by a consultant as described

in paragraph B below or another entity

approved by NRC.

B. Retention of the services of an

independent individual or organization

(consultant) to perform a program and

process implementation audit, to

demonstrate Mr. Jones’ knowledge of,

and compliance with, applicable NRC

requirements, prior to Mr. Jones

conducting activities within NRC

jurisdiction. The name and

qualifications of the consultant

proposed to conduct the audit shall be

submitted to the Regional

Administrator, NRC Region IV, for

review and approval. The consultant

shall be independent of Mr. Otho Jones

and Jones Inspection Services and have

experience in the implementation of a

radiation safety program and NRC

requirements.

C. The audit required by Paragraph B

shall be completed and Mr. Jones shall

have the consultant submit its audit

report and any recommendations for

improvement to Mr. Jones and directly

to the Regional Administrator, NRC

Region IV prior to Mr. Jones submitting

an NRC Form 241. This shall include

the demonstrated resolution of any

weaknesses or negative findings

identified by the audit or a statement as

to why the weaknesses or findings are

not valid or do not need correction. The

audit of Mr. Jones’ performance shall

include, but not be limited to:

1. A review of the administrative,

operating and emergency procedures to

ensure that such procedures are

appropriate and meet the requirements

established for working under NRC

reciprocity requirements.
Federal Register / Vol. 60, No. 74 / Tuesday, April 18, 1995 / Notices 19421

2. On-site review of Mr. Jones’ field

activities, and interviews and

observations of any selected authorized

users (other than Mr. Jones) working at

various locations.

D. Mr. Jones shall provide notice to

the NRC seven days prior to working in

areas of NRC jurisdiction under the

provisions of 10 CFR 150.20.

V

In accordance with 10 CFR 2.202, Mr.

Jones 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.

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 set forth the matters of fact and law

on which Mr. Jones 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 Services Section, Washington, D.C.

20555. Copies also shall be sent to the

Director, Office of Enforcement, U.S.

Nuclear Regulatory Commission,

Washington, D.C. 20555, to the

Assistant General Counsel for Hearings

and Enforcement at the same address, to

the Regional Administrator, NRC Region

IV, 611 Ryan Plaza Drive, Suite 400,

Arlington, Texas 76011–8064, and to

Mr. Jones, if the answer or hearing

request is by a person other than Mr.

Jones. If a person other than Mr. Jones

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 2.714(d).

If a hearing is requested by Mr. Jones

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.

Otho Jones, Jones Inspection Services,

or any other person adversely affected

by this Order, 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, the provisions specified in

Section IV above shall be final 20 days

from the date of this Order without

further order or proceedings. An answer

or a request for hearing shall not stay

the immediate effectiveness of this

order.

Dated at Rockville, Maryland this 11th day

of April 1995.

For the Nuclear Regulatory Commission.

Hugh L. Thompson, Jr.,

Deputy Executive Director for Nuclear

Materials Safety, Safeguards, and Operations

Support.

[FR Doc. 95–9506 Filed 4–17–95; 8:45 am]

BILLING CODE 7590–01–M

NUCLEAR WASTE TECHNICAL

REVIEW BOARD

Joint Panel Meeting on Perceived

Risks and Socioeconomic Impacts

Pursuant to its authority under

section 5051 of Public Law 100–203, the

Nuclear Waste Policy Amendments Act

of 1987, the Nuclear Waste Technical

Review Board’s (the Board) Panel on the

Environment & Public Health and Panel

on Risk & Performance Analysis will

hold a joint meeting May 23–24, 1995,

in Las Vegas, Nevada. The meeting,

which is open to the public, will be held

at the St. Tropez Hotel, 455 East

Harmon, Las Vegas, Nevada 89109; Tel

(702) 369–5400; Fax (702) 369–1150.

The meeting will begin at 1:00 P.M. on

Tuesday, May 23, recess at

approximately 5:00 P.M., and continue

on Wednesday, May 24, from 8:30 A.M.

to noon.

The meeting will consist of a panel

discussion by a diverse group of social

scientists. The topic for discussion is

peoples’ beliefs about the risks

associated with a potential high-level

radioactive waste repository at Yucca

Mountain, Nevada, and how those

beliefs might result in significant

socioeconomic impacts. The Board is

looking at this issue because

socioeconomic impacts are addressed as

part of the Department of Energy’s sitesuitability guidelines, 10 CFR 960.

As with all the Board’s meetings, time

is set aside on the agenda for comments

and questions from the public. In order

to ensure that everyone wishing to

speak is offered time to do so, the Board

encourages those who have comments

to sign the Public Comment Register

located at the sign-in table. Written

comments for the record also may be

submitted to the Board staff at the signin table.

The Nuclear Waste Technical Review

Board was created by Congress in the

Nuclear Waste Policy Amendments Act

of 1987 to evaluate the technical and

scientific validity of activities

undertaken by the DOE in its program

to manage the disposal of the nation’s

high-level radioactive waste and spent

nuclear fuel. In that same legislation,

Congress directed the DOE to

characterize a site at Yucca Mountain,

Nevada, for its suitability as a potential

location for a permanent repository for

the disposal of that waste.

Transcripts of the meeting will be

available on computer disk or on a

library-loan basis in paper format from

Davonya Barnes, Board staff, beginning

July 10, 1995. For further information,

contact Frank Randall, External Affairs,

Nuclear Waste Technical Review Board,

1100 Wilson Boulevard, Suite 910,

Arlington, Virginia 22209; (703) 235–

4473.

Dated: April 13, 1995.

William Barnard,

Executive Director, Nuclear Waste Technical

Review Board.

[FR Doc. 95–9510 Filed 4–17–95; 8:45 am]

BILLING CODE 6820–AM–M

OFFICE OF MANAGEMENT AND

BUDGET

Notice of Meeting

AGENCY: Office of Management and

Budget.

ACTION: National Industrial Security

Program Policy Advisory Committee

(NISPPAC) meeting; notice of meeting

and invitation for public comments.

SUMMARY: The National Industrial

Security Program Policy Advisory

Committee will hold a meeting that

shall serve as a forum to discuss

National Industrial Security Program

(NISP) policy issues in dispute, and to

advise the Chairman on these issues.

The agenda will include a discussion of

the status of the NISP, the NISP

Operating Manual, and accounting for

security costs within industry. Written

statements from the public will be

accepted in lieu of an opportunity for

comment at the meeting.

The Information Security Oversight

Office (ISOO) will host the meeting.

ISOO is part of OMB’s Office of

Information and Regulatory Affairs.

DATES: The meeting will be held on

Thursday, April 20, 1995, at 10 a.m., at

the Information Security Oversight

Office in Washington, DC. The meeting

is open to the public; however, due to

access procedures, the names and