[Federal Register: December 23, 2002 (Volume 67, Number 246)]
[Notices]
[Page 78260-78261]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23de02-98]
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NUCLEAR REGULATORY COMMISSION
[IA-02-031]
In the Matter of John Todd Bilinsky; Order Prohibiting
Involvement in NRC-Licensed Activities
I
John Todd Bilinsky was employed as a technician by NTH Consultants,
Ltd. (Licensee) of Farmington Hills and Grand Rapids, Michigan. NTH
Consultants, Ltd., holds License No. 21-14894-01 issued by the Nuclear
Regulatory Commission (NRC or Commission) pursuant to 10 CFR part 30 on
June 17, 1996. The license authorizes the use of Cesium-137 and
Americium-241 sealed sources in Troxler moisture/density gauges in
accordance with the conditions specified therein.
II
On November 2, 2001, NTH Consultants Ltd., reported to the NRC that
a Troxler moisture/density gauge containing NRC-licensed material had
been stolen and subsequently recovered. The NRC Office of
Investigations (OI) conducted an investigation into the reported theft
of Troxler Model 3411B moisture/density gauge (Serial No. 16990)
containing NRC-licensed material in two sealed sources (8 mCi of
Cesium-137, Serial No. 50-6374, and 40 mCi of Americium-241, Serial No.
47-12413). The Office of Investigations issued Report No. 3-2001-053 on
July 26, 2002. Information developed during that investigation
indicated that John Todd Bilinsky was previously employed by NTH
Consultants, Ltd., at its facility in Grand Rapids, Michigan, and Mr.
Bilinsky was authorized to use Troxler moisture/density gauges. On
September 14, 2001, an employee of the Licensee learned that Mr.
Bilinsky was soliciting outside work from customers of NTH Consultants,
Ltd. As a result of the solicitations, Mr. Bilinsky's employment was
suspended by the Licensee on September 21, 2001, and his employment was
terminated on September 24, 2001.
During October 2001, licensee personnel conducted a property
inventory and could not account for Troxler Model 3411B moisture/
density gauge (Serial No. 16990). The Licensee determined that the
gauge was returned to its storage area on August 31, 2001. At that
time, the gauge utilization log had been updated to reflect that this
specific moisture-density gauge was broken and should be transferred
from the Grand Rapids, Michigan, office to the Farmington Hills,
Michigan, corporate office for repairs. When Mr. Bilinsky was
terminated on September 24, 2001, the Licensee was not aware that Mr.
Bilinsky had the gauge in his possession. The Licensee did not learn
that the gauge was in the possession of Mr. Bilinsky until November 2,
2001, when another employee of NTH Consultants retrieved the gauge from
Mr. Bilinsky.
III
Based on the above, it appears that John Todd Bilinsky, a former
employee of the Licensee, acquired and possessed, without
authorization, a Troxler Model 3441B moisture-density gauge (Serial No.
16990) containing NRC-licensed material, that was owned by NTH
Consultants, Ltd. Mr. Bilinsky's possession of a Troxler Model 3411B
moisture-density gauge containing byproduct material (nominally 8
millicuries of cesium-137 and 40 millicuries of americium-241:Be)
without authorization of an NRC licensee or without a specific or
general license issued by the NRC or an Agreement State, is an apparent
deliberate violation of 10 CFR 30.3, ``Activities Requiring License.''
Further, Mr. Bilinsky's conduct 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. Bilinsky were permitted at this time to be
involved in NRC-licensed activities. Therefore, the public health,
safety and interest require that Mr. Bilinsky be prohibited from any
involvement in NRC-licensed activities for a period of five years from
the date of this Order.
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 30.10, and 10 CFR 150.20, it is
hereby ordered that:
1. John Todd Bilinsky is prohibited for five years 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.
[[Page 78261]]
2. If Mr. Bilinsky 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. The
Director, OE, may, by letter, relax or rescind any of the above
conditions upon demonstration by Mr. Bilinsky of good cause.
V
In accordance with 10 CFR 2.202, John Todd Bilinsky 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. Bilinsky 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 III, 801 Warrenville Road,
Lisle, Illinois 60532-4351, and to Mr. Bilinsky if the answer or
hearing request is by a person other than Mr. Bilinsky. 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. Bilinsky 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).\1\
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\1\ The most recent version of title 10 of the Code of Federal
Regulations published January 1, 2002, inadvertently omitted the
last sentence of 10 CFR 2.714 (d) and paragraphs (d)(1) and (d)(2)
regarding petitions to intervene and contentions. For the complete,
corrected text of 10 CFR 2.714 (d), please see 67 FR 20884; April
29, 2002.
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If a hearing is requested by Mr. Bilinsky 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.
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 effective and final 20 days from
the date of this Order without further order or proceedings. If an
extension of time for requesting a hearing has been approved, the
provisions specified in section IV shall be final when the extension
expires if a hearing request has not been received.
Dated this 12th day of December, 2002.
For the Nuclear Regulatory Commission.
Carl J. Paperiello,
Deputy Executive Director for Materials, Research and State Programs.
[FR Doc. 02-32244 Filed 12-20-02; 8:45 am]
BILLING CODE 7590-01-P