Federal Register / Vol. 73, No. 167 / Wednesday, August 27, 2008 / Notices 50657 

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/sitehelp/e-submittals/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/esubmittals.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 help line number is (800) 397–4209 

or locally, (301) 415–4737. 

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 Mr. Vandiver 

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 Mr. 

Vandiver 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. Pursuant to 10 CFR 

2.202(c)(2)(i), Mr. Vandiver, 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, 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 this 20th day of August 2008. 

For the Nuclear Regulatory Commission. 

Cynthia A. Carpenter, 

Director, Office of Enforcement. 

[FR Doc. E8–19832 Filed 8–26–08; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[IA–08–008] 

In the Matter of Mr. Patrick A. Kelly; 

Order Prohibiting Involvement in NRCLicensed Activities (Effective 

Immediately) 

I 

Mr. Patrick A. Kelly is employed as a 

radiographer at Alaska Industrial X-Ray, 

Inc. (AIX) located in Anchorage, Alaska. 

AIX holds License No. 50–16084–01 

issued by the Nuclear Regulatory 

Commission (NRC or Commission) 

pursuant to 10 CFR Part 34 to conduct 

radiography. The license authorizes AIX 

to possess sealed radioactive sources for 

use in conducting industrial 

radiography activities in accordance 

with the conditions specified therein. 

II 

On June 4, 2007, an investigation was 

initiated by the NRC’s Office of 

Investigations (OI), in part, to determine 

whether Mr. Kelly engaged in deliberate 

misconduct by performing radiography 

with only one radiographer present at 

the Arctic Slope Regional Corporation 

Energy Services (ASRC) facility, a 

temporary jobsite. A predecisional 

enforcement conference (PEC) was held 

on June 5, 2008, with employees of AIX, 

including Mr. Kelly, in an effort to 

obtain AIX’s point of view on the 

violations. 

Based on our review of the 

information obtained during the PEC 

and from the investigation, two 

violations of the NRC’s rule prohibiting 

deliberate misconduct, 10 CFR 30.10, 

were identified. First, Mr. Kelly engaged 

in deliberate misconduct in violation of 

10 CFR 30.10(a)(1) by causing AIX to be 

in violation of 10 CFR 34.41(a) (also 

called the two-person rule) when he 


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50658 Federal Register / Vol. 73, No. 167 / Wednesday, August 27, 2008 / Notices 

1 In 2001–2002, AIX had requested that the NRC 

approve the structure it had built at the ASRC site 

as a permanent radiographic installation. However, 

the structure required extensive modifications in 

order to meet NRC requirements. AIX did not make 

the modifications and, as a result, the NRC never 

approved it. If the structure had been approved, 

then AIX would have been authorized to conduct 

radiography with only one individual instead of 

two. 

2On April 25, 2001, the NRC issued a Notice of 

Violation for a Severity Level III violation involving 

a failure to meet the requirements of 10 CFR 

34.41(a) (EA–01–015). 

conducted radiography alone at the 

ASRC facility on numerous occasions 

since about 2004. Second, he provided 

information that he knew was 

incomplete and inaccurate during his 

sworn statement to NRC investigators, 

in violation of 10 CFR 30.10(a)(2), on 

July 24, 2007. 

During his interview on July 24, 2007, 

Mr. Kelly admitted to conducting 

radiography by himself at the AIX 

Golovin site because he thought it was 

a permanent radiographic installation. If 

it were a permanent radiographic 

installation, conducting radiography 

with only one qualified individual 

would have been allowed under NRC 

regulations. However, the NRC 

inspector pointed out that the AIX 

Golovin site was not approved as a 

permanent radiographic installation 

and, therefore, two qualified individuals 

were required to be present during 

radiography. The NRC did not find that 

Mr. Kelly engaged in deliberate 

misconduct with regard to violating the 

two-person rule at the Golovin site. 

However, during that interview, he 

denied that there were times when he 

conducted radiography by himself in 

violation of the two-person rule at the 

ASRC site. Later, when asked if he 

always followed the two-person rule at 

the ASRC site, he answered yes. When 

asked if he could remember any of the 

other AIX radiographers conducting 

radiographic operations with less than 

two people, he answered no. 

However, on January 10, 2008, after 

being confronted with information from 

other radiographers and radiographers’

assistants that he had performed 

radiography by himself at times at the 

ASRC site, Mr. Kelly admitted to 

deliberately violating the two-person 

rule (10 CFR 34.41(a)). Mr. Kelly stated 

that although he worked mainly at 

another client’s facility, there were 

times when he worked at the ASRC site 

and some of those times he conducted 

radiographic operations in violation of 

the two-person rule. He stated that he, 

along with the former AIX radiation 

safety officer and another AIX 

radiographer took it upon themselves to 

decide it was acceptable to conduct 

radiography in violation of the twoperson rule because of the facility that 

AIX had built at the ASRC site.1 He 

stated that when one person was 

‘‘shooting’’ (conducting radiography), 

the other person would just return to the 

AIX Golovin site to develop film. He 

stated, ‘‘We knew we were breaking the 

rules.’’

The NRC notes that Mr. Kelly was 

aware of previous NRC enforcement 

action taken against AIX,2 and was 

present at the March 2001 predecisional 

enforcement conference with AIX when 

the NRC and AIX discussed whether 

another AIX employee engaged in 

deliberate misconduct for conducting 

radiography by himself at the ASRC site. 

This is the same violation at the same 

location that is being cited herein, and 

as part of AIX’s corrective action, all 

AIX radiographers, including Mr. Kelly, 

signed a memorandum in February 2001 

acknowledging that the two-person rule 

for radiographers and radiographer 

assistants requires that, during 

exposures, two individuals must 

monitor the radiation area. This 

memorandum was attached to a letter 

dated March 12, 2001, in which AIX 

stated that all radiographers had been 

advised of the two-person rule. This 

letter was discussed during the March 

2001 predecisional enforcement 

conference which Mr. Kelly attended. 

III 

The NRC must rely on Licensees and 

their employees to act with integrity in 

complying with NRC requirements, and 

communicating with candor. Mr. Kelly’s 

actions raised serious doubt as to 

whether he can be relied upon to 

comply with NRC requirements and to 

provide complete and accurate 

information to the NRC. 

Consequently, I lack the requisite 

reasonable assurance that Mr. Kelly will 

perform licensed activities in 

compliance with the Commission’s 

requirements and that the health and 

safety of the public will be protected if 

Mr. Kelly were permitted at this time to 

be involved in NRC-licensed activities. 

Therefore, the public health and safety 

interest require that Mr. Kelly be 

prohibited from any involvement in 

NRC-licensed activities for a period of 1 

year from the date of this Order. 

Additionally, Mr. Kelly is required to 

notify the NRC of his first employment 

in NRC-licensed activities for a period 

of 1-year following the prohibition 

period. Furthermore, pursuant to 10 

CFR 2.202, I find that the significance of 

Mr. Kelly’s conduct described above is 

such that the public health and safety 

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 

Parts 20, 34, and 10 CFR 150.20, it is 

hereby ordered, effective immediately, 

that: 

1. Mr. Patrick A. Kelly is prohibited 

for 1-year from the date of this Order 

from engaging in NRC-licensed 

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 Mr. Kelly is currently involved 

with another licensee in NRC-licensed 

activities, he 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 1 year after the 1- 

year period of prohibition has expired, 

Mr. Kelly shall, within 20 days of 

acceptance of his first employment offer 

involving NRC-licensed 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 20555–0001, of the name, address, 

and telephone number of the employer 

or the entity where he is, or will be, 

involved in the NRC-licensed activities. 

In the notification, Mr. Kelly 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, OE, may, in writing, 

relax or rescind any of the above 

conditions upon demonstration by Mr. 

Kelly of good cause. 

V 

In accordance with 10 CFR 2.202, Mr. 

Patrick A. Kelly 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, Mr. Kelly 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 


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Federal Register / Vol. 73, No. 167 / Wednesday, August 27, 2008 / Notices 50659 

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 49139 (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 

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 

Viewer(TM) to access the Electronic 

Information Exchange (EIE), a 

component of the E-Filing system. The 

Workplace Forms Viewer(TM) is free and 

is available at http://www.nrc.gov/sitehelp/e-submittals/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 

E-Filing 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/esubmittals.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 help line number is (800) 397–4209 

or locally, (301) 415–4737. 

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 Mr. Kelly 

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 Mr. Kelly 

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. Pursuant to 10 CFR 

2.202(c)(2)(i), Mr. Kelly, 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, 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 this 20th day of August, 2008. 

For the Nuclear Regulatory Commission. 

Cynthia A. Carpenter, 

Director, Office of Enforcement. 

[FR Doc. E8–19833 Filed 8–26–08; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

Office of New Reactors; Supplement to 

Interim Staff Guidance; Limited Work 

Authorizations Solicitation of Public 

Comment 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Solicitation of public comment. 

SUMMARY: The NRC is issuing a 

supplement to its Proposed Interim Staff 

Guidance (ISG) COL/ESP–ISG–004 for 

use and comment. This supplemental 

guidance would be added, along with 

the resolution of other issues identified 

in comments received from the public, 

to COL/ESP–ISG–004 to provide 

clarifications and examples related to 


sroberts on PROD1PC70 with NOTICES