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IA-02-031 - John Todd Bilinsky
IA-02-031 John Todd Bilinsky
Dear Mr. Bilinsky: The enclosed Order Prohibiting Involvement in NRC-Licensed Activities (Order) is being issued to you based on an investigation by the U. S. Nuclear Regulatory Commission (NRC) Office of Investigations (OI). The Code of Federal Regulations (CFR), specifically, 10 CFR 30.3, prohibits anyone from transferring, receiving, acquiring, owning, or possessing byproduct material except as authorized in a specific or general license issued by the NRC or an Agreement State. Based on information obtained during the OI investigation, we determined that you deliberately acquired and possessed byproduct material in sealed sources (8 millicuries (mCi) of Cesium-137, Serial No. 50-6374, and 40 mCi of Americium-241, Serial No. 47-12413) housed in a Troxler Model 3411B moisture density gauge (Serial Number 16990)) without the knowledge of the owner, your former employer, NTH Consultants, Ltd. Based on the information obtained by OI, we concluded that, as a result of your deliberate actions, we lack adequate assurance that you can be relied upon to comply with NRC requirements. Accordingly, the enclosed Order prohibits your involvement in NRC-licensed activities for a period of five years. Pursuant to Section 223 of the Atomic Energy Act of 1954, as amended, any person who willfully violates, attempts to violate, or conspires to violate, any provision of this Order shall be subject to criminal prosecution as set forth in that section. Violation of this order may also subject the person to civil monetary penalty. On September 3, 2002, we sent you a letter offering you the opportunity to discuss the NRC findings at a predecisional enforcement conference. That letter was sent to you at your mother's address in Calgary, Alberta, Canada, because we had received information that you now reside with your mother. The letter was returned to us on September 18, 2002. A second letter was mailed to you on September 20, 2002, at the address for your brother in Calgary. That letter was returned to us October 8, 2002. Nevertheless, given the evidence and the deliberate nature of the violation, we believe we are justified in proceeding with this Order prohibiting your involvement in licensed activities. Questions concerning this Order may be addressed to Frank Congel, Director, Office of Enforcement. Mr. Congel can be reached at telephone number (301) 415-2741. In accordance with 10 CFR 2.790 of the NRC's "Rules of Practice," a copy of this letter and the enclosure with your home address removed will be placed in the NRC's Public Document Room.
Docket No. 030-08223 Enclosure: As Stated cc w/enclosure: Canadian Nuclear Safety Commission Canadian Nuclear Safety Commission - Alberta
UNITED STATES OF AMERICA
ORDER PROHIBITING INVOLVEMENT IN 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 (5) 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:
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 ยง 2.714(d).(1) 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
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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