Federal Register / Vol. 73, No. 167 / Wednesday, August 27, 2008 / Notices 50651 

complete at the time the filer submits its 

documents through EIE. To be timely, 

an electronic filing 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 documents on those 

participants separately. Therefore, 

applicants and other participants (or 

their counsel or representative) must 

apply for and receive a digital ID 

certificate before a hearing request/ 

petition to intervene is filed so that they 

can 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 a 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 submissions. 

Non-timely requests and/or petitions 

and contentions will not be entertained 

absent a determination by the 

Commission, the presiding officer, or 

the Atomic Safety and Licensing Board 

that the petition and/or request should 

be granted and/or the contentions 

should be admitted, based on a 

balancing of the factors specified in 10 

CFR 2.309(c)(1)(i)-(viii). To be timely, 

filings must be submitted no later than 

11:59 p.m. Eastern Time on the due 

date. 

For further details with respect to this 

exigent license application, see the 

application for amendment dated July 

30, 2008, which is available for public 

inspection at the Commission’s Public 

Document Room (PDR), located at One 

White Flint North, Public File Area O1 

F21, 11555 Rockville Pike (first floor), 

Rockville, Maryland. Publicly available 

records will be accessible electronically 

from the Agencywide Documents 

Access and Management System’s 

(ADAMS) Public Electronic Reading 

Room on the Internet at the NRC Web 

site http://www.nrc.gov/readingrm.html. Persons who do not have 

access to ADAMS or who encounter 

problems in accessing the documents 

located in ADAMS should contact the 

NRC PDR Reference staff by telephone 

at 1–800–397–4209, or 301–415–4737, 

or by e-mail to pdr@nrc.gov. 

Dated at Rockville, Maryland, this 19th day 

of August 2008. 

For the Nuclear Regulatory Commission. 

John P. Boska, 

Senior Project Manager, Plant Licensing 

Branch I–1, Division of Operating Reactor 

Licensing, Office of Nuclear Reactor 

Regulation. 

[FR Doc. E8–19838 Filed 8–26–08; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No.: 030–10346; License No.: 50–

16084–01; EA–08–196] 

In the Matter of Alaska Industrial XRay, Inc., Anchorage, AK; Order 

Modifying License (Effective 

Immediately) 

I 

Alaska Industrial X-Ray, Inc. (AIX or 

Licensee) is the holder of Materials 

License No. 50–16084–01 issued by the 

Nuclear Regulatory Commission (NRC 

or Commission) pursuant to 10 CFR 

Parts 30–36, 39, 40, and 70 and last 

amended on November 2, 2007, and due 

to expire on March 31, 2011. The 

license authorizes AIX to possess and 

use sealed radioactive sources in 

conducting industrial radiography 

activities in accordance with the 

conditions specified therein. 

II 

In June 2007, the NRC conducted an 

onsite inspection and began an 

investigation into AIX activities to 

determine whether deliberate violations 

of NRC requirements occurred. During 

the investigation, the NRC discovered 

that AIX radiographers had conducted 

radiography activities in violation of 10 

CFR 34.41(a) on multiple occasions at 

the Arctic Slope Regional Corporation 

Energy Services (ASRC) site and the 

Golovin site, both temporary jobsites. Of 

concern is that the NRC previously had 

issued an identical violation of 10 CFR 

34.41(a) involving deliberate 

misconduct at the ASRC site on April 

25, 2001 (EA–01–015). Based on the 

preliminary information from the 

investigation, the NRC issued an Order 

Suspending Licensed Activities (EA–

07–261) on October 19, 2007, which, 

among other conditions, required that 

AIX suspend its radiography activities 

until adequate assurance could be 

provided by independent means that 

AIX would comply with NRC 

requirements when conducting licensed 

activities. On November 8, 2007, the 

NRC relaxed the Order based on several 

actions taken and commitments made 

by AIX to the NRC. The Order was a 

temporary measure while the NRC 

completed its investigation and 

reviewed the results. Once completed, 

the results of the inspection and 

investigation were discussed with AIX 

during a telephonic exit briefing on 

April 23, 2008, and were documented in 

NRC Inspection Report No. 030–10346/ 

07–01 dated May 20, 2008. 

On June 5, 2008, a predecisional 

enforcement conference (PEC) was 


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1On 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). 

2As part of the corrective actions for the 2001 

violation involving deliberate failures to follow the 

two-person rule at the ASRC site, the AIX company 

president, its former RSO, and all radiographers and 

assistant radiographers signed a memorandum, in 

February 2001, acknowledging that the two-person 

rule was to be followed at the ASRC site. A copy 

of the memorandum was presented to the NRC in 

March 2001. 

3 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. 

conducted with AIX in Anchorage, 

Alaska, to discuss with the company 

and its employees the apparent 

violations, their significance, their root 

causes, and any corrective actions. The 

individuals of concern included two 

full-time radiographers, a part-time 

radiographer, and the former radiation 

safety officer (RSO) who, at the time of 

the PEC, was employed by AIX as a fulltime radiographer. During the PEC, the 

four individuals admitted to committing 

deliberate violations of 10 CFR 34.41(a) 

at the ASRC site on multiple occasions 

over a period of several years. This 

information was substantively 

consistent with their sworn statements 

provided to the NRC Office of 

Investigations. Based on the 

investigation, the NRC concluded that 

this violation had occurred on multiple 

occasions from about 2004 until the 

investigation in June 2007. 

In addition, during the PEC, the NRC 

staff discussed with the president of 

AIX that during his first interview on 

July 24, 2007, he denied that violations 

of the two-person rule had occurred at 

the ASRC site. Later, on July 25, 2007, 

when confronted with information that 

showed that his radiographers had 

indeed deliberately violated the twoperson rule at the ASRC site, the 

company president stated that he 

suspected violations of the two-person 

rule had occurred at the ASRC site, but 

took no action to investigate his 

suspicions or discuss this with his 

personnel. As a result, the NRC has 

concluded that the AIX president, with 

careless disregard, provided the NRC 

with information about the company 

that was incomplete or inaccurate, in 

violation of 10 CFR 30.9(a). 

During the PEC, the NRC noted that 

in 2001 it had issued a Severity Level 

III violation of 10 CFR 34.41(a) to AIX 

for deliberate failures to follow the twoperson rule at the ASRC site.1 The fact 

that a prior enforcement action had been 

issued for the same violation at the same 

location was a significant concern to the 

NRC because it raised questions about 

the effectiveness of AIX management 

oversight to prevent recurrence of 

violations.2 In fact, a few years later in 

about 2004, the former AIX RSO, and 

almost all of AIX’s radiographers and 

assistant radiographers who worked at 

the ASRC site, began deliberately failing 

to follow the two-person rule at the 

ASRC site. Further, the reason the 

violations reoccurred in 2004–2007 

were very similar to the reasons the 

violations occurred in 2001: The 

radiographers felt that one-person 

radiography was safe at the ASRC site, 

and following the two-person rule was 

unnecessary because radiographic 

exposures were performed inside a 

structure that AIX had built prior to 

2001, intended to meet NRC 

specifications for a permanent 

radiographic installation.3

During the PEC, the company 

president stated that he could 

understand why AIX personnel failed to 

follow the two-person rule and that he 

(the company president) might have 

done it himself if he were conducting 

radiography. One of the reasons for this 

was the general belief that the structure 

provided a similar level of protection as 

a permanent radiographic installation. 

The company president stated that he 

‘‘probably suspected’’ that AIX 

radiographers were not abiding by the 

two-person rule, but that he ‘‘never 

went [to the ASRC site] and tried to 

catch anybody at it.’’ Thus, NRC 

representatives also questioned AIX 

regarding the lack of management 

oversight from both the former AIX RSO 

and the company president. 

In addition to the deliberate violations 

of 10 CFR 34.41(a) and the willful 

violation of 10 CFR 30.9(a), the NRC 

representatives noted three additional 

concerns during the June 2008 PEC. 

First, during a tour of the ASRC site, the 

day prior to the June 5th conference, the 

two trailers which formed the sides of 

the structure were found to be unlocked 

and open. This was of concern to the 

NRC staff because of the potential that 

ASRC personnel (considered members 

of the public for purposes of the 

regulations) might access the trailers 

during radiography and be exposed to 

radiation or remove some of the trailer 

contents, which could reduce the level 

of shielding. In addition, this 

undermined NRC’s confidence in AIX to 

meet its commitments because in its 

letter dated November 1, 2007, AIX 

committed to keep the trailers locked 

and to control access to the trailers. This 

commitment was made to the NRC as a 

consideration for lifting the Order 

Suspending License dated October 19, 

2007. On June 4, 2008, the NRC staff 

requested that AIX review the issue and 

provide additional assurance it would 

meet its commitments to the NRC. 

Second, the NRC staff was concerned 

that radiation streaming could occur 

through the back of the structure 

because there was an opening in 

between the two trailers which formed 

the back of the structure. The staff 

questioned whether radiation surveys 

were conducted to establish that the 

radiation rope boundaries were 

adequate. This was important because of 

the possibility that ASRC personnel 

(considered members of the public) 

might at times be present behind the 

structure and could be exposed to 

radiation areas in excess of NRC limits. 

And third, the NRC staff noted that 

although the focus of the June 5th PEC 

was deliberate violations associated 

with radiography at the ASRC site, other 

examples of failures to comply with 10 

CFR 34.41(a) were identified at AIX’s 

Golovin site. Although the NRC did not 

find any deliberate misconduct 

associated with the 10 CFR 34.41(a) 

violations at the AIX Golovin site, 

corrective actions were needed to 

correct the violations at that site. 

AIX’s corrective actions presented at 

the June 5th PEC included: (1) 

Continuing to contract with an 

independent contractor to conduct 

inspections of AIX radiographers, as 

AIX committed in response to the NRC’s 

Order Suspending Licensed Activities 

(EA–07–261) dated October 19, 2007; (2) 

changing the RSO in November 2007; 

(3) reducing the number of radiographic 

exposures at the Golovin site with NRClicensed material; (4) modifying 

contractual agreements with ASRC to 

reduce schedule pressures and to ensure 

compliance with 10 CFR 34.41(a); and 

(5) instituting a disciplinary policy to 

terminate any radiographer who did not 

follow the two-person rule. The NRC 

representatives also discussed concerns 

about whether the independent 

oversight was as effective as it could or 

should be. 

These corrective actions did not 

address the NRC’s concerns about AIX’s 

lack of management oversight in AIX’s 

radiography activities including the 

failure to ensure that its employees, 

including the former AIX RSO, were 

following NRC requirements, despite 

the company president’s suspicions that 

violations were occurring, as well as the 

fact that corrective actions for the 2001 

enforcement action were not effective. 

As a result, the NRC representatives 

provided AIX with more time to provide 


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4These actions are in addition to, and separate 

from, the attached Notice, which imposes a civil 

penalty at twice the base for the Severity Level II 

problem in the total amount of $20,800. As fully set 

out in the Notice, the civil penalty was issued to 

emphasize the importance of not engaging in 

deliberate misconduct, self-identifying violations, 

and taking prompt and comprehensive corrective 

actions. 

any additional corrective actions. By 

letter dated June 9, 2008, AIX provided 

additional corrective actions which 

included: (1) Conducting monthly safety 

meetings; (2) a commitment from the 

company president to independently 

and personally review (audit) each crew 

on a quarterly basis at a minimum; (3) 

performing surveys around the ASRC 

radiation exposure area, where 

instantaneous dose rates were found to 

exceed 20 millirem/hour in several 

areas, and AIX applying additional dirt 

(shielding) to the perimeter of the 

structure; and (4) locking and rebolting 

the doors to the trailers at the ASRC site 

which AIX uses as shielding around the 

area where radiographic exposures are 

performed. 

In summary, based on the information 

developed during the inspection, the 

investigation, and the PEC, the NRC has 

determined that two violations of NRC 

requirements occurred. These violations 

are cited in the enclosed Notice of 

Violation and Proposed Imposition of 

Civil Penalty (Notice) dated the same 

day as this Order, and the circumstances 

surrounding them are described in 

detail in the subject inspection report 

and the cover letter accompanying this 

Order. The violations involve: (1) 

Performing radiography at a location 

other than a permanent radiographic 

installation without the presence of two 

qualified individuals, in violation of 10 

CFR 34.41(a), and (2) failing to provide 

the NRC with information that was 

complete and accurate in all material 

respects, in violation of 10 CFR 30.9(a). 

The NRC has determined that 

willfulness was associated with both 

violations. 

In assessing the safety significance of 

the violations, the NRC notes that, 

absent deliberate misconduct, 

performing radiography in violation of 

the two-person rule is significant 

because the use of two qualified persons 

during radiographic operations not only 

provides for a high level of assurance 

that members of the public will be 

prevented from entering the restricted 

area during those operations, but also 

provides additional protection for the 

radiographers should one of them 

become incapacitated while the source 

is unshielded. The second violation, 

providing the NRC with incomplete or 

inaccurate information, impacts the 

NRC’s ability to perform its regulatory 

function. The violations were more 

significant given the pervasive 

deliberate misconduct on the part of the 

AIX radiographers and assistant 

radiographers, as well as a senior 

company official, the RSO at the time; 

and the careless disregard on the part of 

the president of the company, in 

providing the NRC with information 

that was incomplete or inaccurate. 

Therefore, these violations have been 

categorized in accordance with the NRC 

Enforcement Policy at Severity Level II. 

The NRC has determined that 

additional actions 4 are needed to 

provide reasonable assurance that the 

public health and safety, as well as the 

health and safety of AIX employees, will 

be maintained. The circumstances in 

this case raise serious concerns about 

AIX company management’s ability or 

desire to ensure licensed activities are 

conducted without undue risk to the 

public’s health and safety, and that 

commitments made to the NRC are 

honored. Therefore, the NRC is issuing 

an Order to require (1) Continued 

independent oversight with additional 

specific conditions to ensure AIX’s 

radiographers follow NRC requirements, 

(2) that the trailers be locked and that 

AIX maintain control over the key, (3) 

that AIX contract with an independent 

consultant to evaluate the AIX radiation 

safety procedures for effectiveness, and 

to provide training to AIX radiographers 

and assistant radiographers, and (4) that 

the president of AIX, perform quarterly 

audits of your radiographers. 

III 

Based on the above, the NRC has 

determined that AIX company 

management, including the company 

president, have not provided the level of 

oversight needed for the company to 

conduct its activities in compliance 

with NRC requirements and to meet all 

its commitments to the NRC. 

Consequently, I lack the requisite 

reasonable assurance that the Licensee’s 

current operations can be conducted 

under License No. 50–16084–01 in 

compliance with the Commission’s 

requirements and that the health and 

safety of the public, including the 

Licensee’s employees, will be protected. 

Therefore, the public health and safety 

interest require that License No. 50–

16084–01 be modified to require 

additional actions so as to provide 

reasonable assurance that the health and 

safety of the public will be protected. 

Furthermore, pursuant to 10 CFR 2.202, 

I find that the significance of the 

violations 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, 

the Commission’s regulations in 10 CFR 

2.202, 2.205, 10 CFR parts 20, 34, and 

10 CFR 150.20, it is hereby ordered, 

effective immediately, that License No. 

50–16084–01 is modified as follows: 

(1) AIX shall continue use of an 

independent contractor to provide 

independent oversight of AIX 

operations. 

(a) AIX shall notify the NRC by fax 

and the contractor documented in AIX’s 

letter dated November 1, 2007, by 

phone, fax or e-mail, on a weekly basis, 

of the anticipated AIX work schedule 

for that week. AIX will immediately 

notify the contractor daily, by phone, 

fax and or email, as requested by the 

contractor, of any changes to AIX 

scheduled activities. AIX must inform 

the contractor in writing that the 

provisions of 10 CFR 30.10 apply to the 

contractor. 

(b) The contractor must conduct 

unannounced audits and observations of 

AIX radiography crews during 

radiographic exposures in a manner and 

location where he is undetected by the 

radiography crew. After observing the 

crews, the contractor may announce 

himself to the crew in order to complete 

his audits of the jobsite. The audits must 

verify that AIX personnel are 

conducting all operations in a safe 

manner and in compliance with NRC 

requirements. The contractor must, to 

the extent possible, prevent violations 

from occurring or continuing as he 

observes the radiography crews, even in 

situations where the crew has not 

detected his presence prior to the 

violation. 

(c) The unannounced audits shall be 

conducted at least twice a month when 

work is being performed. 

(d) At least 50 percent of the time, on 

average over a year, the contractor must 

conduct unannounced audits during the 

second half of work that is scheduled 

outside of normal business hours. 

Normal business hours are 8 a.m. to 5 

p.m. 

(e) The contractor will provide AIX a 

monthly report of his audit activities. 

The information will be provided to 

NRC Region IV at the same time the 

contractor provides the results to AIX. 

At a minimum, the information 

provided shall include: The date and 

times of the audit; the hours (time of the 

day) in which the crew worked; the 

names of the radiographers and assistant 

radiographers involved in the work; 


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whether the contractor was detected by 

the crew prior to the contractor 

announcing his presence; and whether 

or not radiographic operations were 

performed safely and in compliance 

with NRC requirements. The monthly 

reports will be sent to the Director, 

Division of Nuclear Materials Safety, 

U.S. NRC Region IV. 

(f) Individuals with whom AIX 

contracts to meet this requirement, must 

be approved in advance. AIX currently 

contracts with an individual who has 

received prior approval and further 

approval for this individual is not 

needed. In order to receive prior 

approval for another individual to 

perform these independent audits, AIX 

must provide the NRC with information 

regarding the individual’s qualifications 

and information concerning any prior 

working relationships the individual 

has had with AIX. This information 

should be sent to the Director, Division 

of Nuclear Materials Safety, U.S. NRC 

Region IV. 

(2) The trailers that surround the 

radiographic site at ASRC will be locked 

during the conduct of radiography. AIX 

must maintain control over the key such 

that ASRC personnel cannot obtain the 

key without the AIX company 

management’s approval. 

(3) AIX will contract with an 

independent consultant to evaluate the 

effectiveness of its radiation safety and 

compliance programs. 

(a) Within 60 days of the date of this 

Order, AIX will submit to the NRC for 

approval, the name(s) and qualifications 

of an independent consultant to review 

and evaluate AIX’s radiation safety 

program and compliance program; 

(b) Within 30 days of NRC approval 

of the consultant, the consultant will 

commence an assessment of AIX’s 

radiation safety program; 

(c) The consultant’s assessment will 

review AIX’s training program as 

follows: 

(i) Physical observation of each of 

AIX’s radiographers and assistant 

radiographers, on multiple occasions, 

during the conduct of radiographic 

operations, verifying their actions 

ensure radiation safety and compliance 

with NRC requirements. At least 25 

percent of the observations will be 

conducted at the ASRC site. The 

purpose of the observation is to evaluate 

compliance with NRC requirements and 

to provide recommendations to AIX 

management about improving the work 

practices of AIX radiographers to 

comply with NRC requirements. The 

consultant should consider providing 

recommendations to AIX for complying 

with NRC requirements during 

inclement weather (e.g., winter 

conditions) during radiographic 

operations. 

(ii) Perform independent radiation 

measurements around AIX’s structure 

used at the ASRC site, taking into 

account changes in the shielding 

characteristics as material inside the 

trailers that form the walls of the 

structure vary. The purpose of the 

measurements will be to demonstrate 

compliance with 10 CFR part 20 limits. 

(iii) Evaluate AIX’s Operating and 

Emergency Procedures. 

(iv) Evaluate the effectiveness of the 

current AIX RSO to oversee the AIX 

radiation safety program and to ensure 

compliance with NRC requirements; 

(v) Within 30 days following 

completion of its reviews, the 

consultant will provide AIX a report 

discussing its findings and 

recommendations for program 

improvements. At the same time the 

consultant provides its report to AIX, 

the consultant will send a copy to the 

Director, Division of Nuclear Material 

Safety, U.S. NRC Region IV. 

(d) Within 30 days of receiving the 

consultant’s report, AIX will provide the 

NRC, in writing, its position on how it 

will address the consultant’s findings. 

In its correspondence to the NRC, AIX 

will identify which of the consultant’s 

recommendations it will implement and 

the time frame in which it will 

implement the recommendations. For 

those recommendations AIX does not 

accept, AIX will provide the NRC with 

its justification. 

(e) The consultant will provide 

training to all AIX employees, managers, 

and officials. The training will include: 

(i) A review of the radiation mishaps 

involving radiography devices or 

gauges; 

(ii) A review of the potential actions 

that NRC may take against an 

individual; 

(iii) A review of NRC requirements, 

AIX’s license conditions; and 

(iv) A review of AIX’s Operating and 

Emergency Procedures. 

(4) The president of AIX shall perform 

quarterly audits of his radiographers as 

they conduct radiography. The audits 

shall include observations of his crew 

during radiographic exposures and, to 

the extent possible, must include 

observations such that the crew cannot 

detect his presence. At least 25 percent 

of the observations will be conducted at 

the ASRC site during the second half of 

work that is scheduled outside of the 

normal business hours of 8 a.m. to 5 

p.m. The president of AIX must, to the 

extent possible, prevent violations from 

occurring or continuing as he observes 

the radiography crews, even in 

situations where the crew has not 

detected his presence prior to the 

violation. These audits must be separate 

and apart from any required audits 

performed for compliance with 10 CFR 

34.43(e). Records shall be maintained 

documenting these audits and the 

results of his observations. 

(5) Information that is required to be 

sent to the NRC in Conditions 1–4 above 

shall be addressed to: Director, Division 

of Nuclear Materials Safety, U.S. NRC 

Region IV; 612 East Lamar Blvd., Suite 

400, Arlington, TX 76011. 

The Regional Administrator, Region 

IV, 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, the 

Licensee 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, the 

Licensee 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 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 

ViewerTM to access the Electronic 


sroberts on PROD1PC70 with NOTICES
Federal Register / Vol. 73, No. 167 / Wednesday, August 27, 2008 / Notices 50655 

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 the Licensee 

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 a Licensee 

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), the Licensee, 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. E8–19831 Filed 8–26–08; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[IA–08–006] 

In the Matter of Mr. Kenneth J. 

Vandiver; Order Prohibiting 

Involvement in NRC-Licensed 

Activities (Effective Immediately) 

I 

Mr. Kenneth J. Vandiver is employed 

as a radiographer at Alaska Industrial XRay, Inc. (AIX) located in Anchorage, 

Alaska, and until November 2007, Mr. 

Vandiver was the radiation safety officer 

(RSO) for AIX. 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. Vandiver, as RSO, 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. 

Vandiver, 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. Vandiver 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) when he 

conducted radiography alone at the 

ASRC facility on numerous occasions 

since about 2004. Second, he provided 

information that he knew was 


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