Richard A. Speciale; Order Prohibiting Involvement in NRC- Licensed Activities (Effective Immediately)

[Federal Register Volume 64, Number 145 (Thursday, July 29, 1999)]
[Notices]
[Pages 41169-41171]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-19365]


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NUCLEAR REGULATORY COMMISSION

[IA 99-019]


Richard A. Speciale; Order Prohibiting Involvement in NRC-
Licensed Activities (Effective Immediately)

I

    Mr. Richard A. Speciale (Mr. Speciale) was formerly Director, and 
Radiation Safety Officer of Special Testing Laboratories, Inc. (Special 
Testing or Licensee). Special Testing is the holder of Byproduct 
Nuclear Material License No. 06-30361-01 issued by the Nuclear 
Regulatory Commission (NRC or Commission) pursuant to 10 CFR Part 30. 
The license authorizes possession and use of Troxler Electronics 
Laboratories, Campbell Pacific Nuclear, Humbolt Scientific, Seamen 
Nuclear, or Soiltest nuclear gauges. The license was issued on August 
6, 1997, and is due to expire on August 31, 2007.
    Mr. Speciale was also the Director of Testwell Craig Laboratories 
of Connecticut, Inc. (Testwell Craig), which previously held License 
No. 06-19720-01 authorizing possession and use of portable nuclear 
density gauges. This license was suspended on July 1, 1996, due to non-
payment of fees.

II

    On October 14, 15, and 16, 1998, and November 9-10, 1998, an NRC 
Region I inspector, accompanied by an investigator from the NRC Office 
of Investigations, conducted an inspection/investigation at the 
Licensee's facility in Bethel, Connecticut. During the inspection/
investigation, the NRC determined that: (1) Portable gauges containing 
NRC-licensed material were routinely used by some Licensee employees 
who had not received the required training; (2) some Licensee employees 
were using the gauges without being provided the required personnel 
dosimeters; and (3) leak tests of the gauges were not being performed 
at the required frequency.
    During the October inspection/investigation, Mr. Speciale was 
interviewed by the inspector and investigator. In that interview, Mr. 
Speciale, when questioned concerning the scope of the Licensee's 
program, informed the NRC that the Licensee possessed four Troxler 
portable gauges that were used by three or four authorized users, 
including himself. He also stated that he did not believe any of his 
field technicians were operating gauges without training.
    The NRC inspector and investigator returned to the facility on 
November 9-10, 1998, to complete the inspection/investigation, at which 
time the NRC was provided records indicating that nine individuals had 
received manufacturer's training on October 29, 1998, which was 
subsequent to the NRC's October 1998 visit. Mr. Speciale was questioned 
as to why nine individuals had received such training when he had 
previously stated that gauges were used by three or four users. 
Although Mr. Speciale initially maintained that only three individuals 
were using four gauges, he subsequently stated, and available records 
showed, that Speciale Testing possessed 13 gauges, and these gauges 
were used by as many as 14 individuals. Also, during the November 
inspection/investigation, seven gauge users stated that they used 
portable gauges without formal training for periods ranging from 
several weeks to four years prior to October 29, 1998. The NRC also 
learned, based on discussions with Mr. Speciale, that there were 
periods when gauge users were not provided personnel dosimeters. 
Further, three gauge users stated that they operated portable gauges 
without wearing ``film badges'' for periods ranging from one to several 
months prior to October 1998. When questioned as to why individuals 
were using gauges without training or personnel dosimeters, Mr. 
Speciale indicated that the required training and dosimeters were not 
previously provided due to financial considerations, even though he 
continued to direct the individuals to use the gauges.
    During a subsequent interview with the OI investigator on November 
19, 1998, Mr. Speciale admitted that he ``never stopped using nuclear 
gauges'' after the Testwell Craig license was suspended for non-payment 
of fees and before the Special Testing license was issued. He stated 
that he failed to do so because Testwell Craig had ``job commitments to 
finish.'' Thus, on numerous occasions between July 1, 1996, and August 
6, 1997, Mr. Speciale continued to use these gauges without an NRC 
license.
    As a result, prior to completion of the investigation, the NRC 
issued to Special Testing an Order Suspending License on December 23, 
1998. The suspension order was rescinded on January 22, 1999, after 
Special Testing consented to issuance of a Confirmatory Order Modifying 
License that required, in part: (1) Mr. Speciale not be involved in 
NRC-licensed activities at Special Testing; and (2) Special Testing 
take corrective actions to prevent recurrence of the violations.

III

    The NRC's requirements in 10 CFR 30.10(a)(1) prohibit an individual 
from engaging in deliberate misconduct that causes or, but for 
detection, would have caused, a licensee to be in violation of any 
rule, regulation, or order, or any term, condition, or limitation of 
any license, issued by the Commission. In addition, 10 CFR 30.10(a)(2) 
prohibits an individual from deliberately submitting to the NRC 
information that the individual submitting the information knows to be 
incomplete or inaccurate in some respect material to

[[Page 41170]]

the NRC. 10 CFR 30.9 requires, in part, that information provided to 
the Commission by a licensee be complete and accurate in all material 
respects.
    Based on the inspection/investigation, the NRC has concluded that 
Mr. Speciale violated 10 CFR 30.10. Specifically, Mr. Speciale violated 
10 CFR 30.10(a)(1) in that he deliberately caused the Licensee to 
violate NRC requirements by: (1) Allowing untrained individuals to use 
gauges, contrary to License Condition 11.A of Special Testing's 
license; (2) not providing these individuals with the necessary 
dosimetry while they were using the gauges, contrary to License 
Condition 19 of Special Testing's license; (3) providing to the NRC 
inaccurate information concerning the number of gauges possessed and 
used by the Licensee and concerning the training of gauge users, 
contrary to 10 CFR 30.9; and (4) while in the position of Director of 
Testwell Craig, directing the use of gauges even though Testwell 
Craig's license had been suspended for nonpayment of fees and Special 
Testing's license had not yet been issued, contrary to Section III.A of 
the Order Suspending License issued to Testwell Craig. Mr. Speciale 
also violated 10 CFR 30.10(a)(2) by deliberately providing to the NRC 
inaccurate information concerning the number of gauges possessed and 
used by the Licensee and concerning the training of gauge users.

IV

    Deliberately violating NRC requirements is of significant concern 
because the NRC must be able to rely on the integrity of Licensee 
employees to comply with NRC requirements. Directing untrained 
individuals to conduct NRC-licensed activities and not providing 
dosimetry is significant because misuse of gauges (which contain NRC-
licensed material) could result in unnecessary radiation exposures to 
workers and members of the public. Moreover, deliberately providing 
false information to the NRC is significant because the Commission must 
be able to rely on its licensees to provide complete and accurate 
information. Given the above, it appears that Mr. Speciale is either 
unwilling or unable to comply with the Commission's requirements.
    The NRC must be able to rely on the Licensee, and the Licensee 
employees, to comply with NRC requirements, including the requirement 
to provide information that is complete and accurate in all material 
respects. Mr. Speciale's action in deliberately violating Commission 
regulations, raises serious questions as to whether he can be relied 
upon to comply with NRC requirements and to provide or maintain 
complete and accurate information to the NRC, and raises questions 
about his trustworthiness and reliability.
    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 
would be protected if Richard A. Speciale were permitted at this time 
to be involved in NRC-licensed activities. Therefore, the NRC has 
determined that the public health, safety and interest require that 
Richard A. Speciale be prohibited from any involvement in NRC-licensed 
activities for a period of five years. If Richard A. Speciale is 
currently involved in NRC-licensed activities, Mr. Speciale must 
immediately cease such 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. Additionally, Mr. Speciale is required to 
notify the NRC of his first employment in NRC-licensed activities 
following the prohibition period. Furthermore, pursuant to 10 CFR 
2.202, I find that the significance of Mr. Speciale's conduct described 
above is such that the public health, safety and interest require that 
this Order be immediately effective.

V

    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 150.20, it is 
hereby ordered, effective immediately, that:
    1. Richard A. Speciale is prohibited from engaging in NRC licensed 
activities for five years from the date of this Order. 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 Richard A. Speciale is currently involved in NRC-licensed 
activities, Mr. Speciale must immediately cease such 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 one year after the five year period of 
prohibition has expired, Mr. Speciale shall, within 20 days of his 
acceptance of each employment offer involving 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, 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 first notification, Mr. Speciale 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, Office of Enforcement, may, in writing, relax or 
rescind any of the above conditions upon demonstration by Mr. Speciale 
of good cause.

VI

    In accordance with 10 CFR 2.202, Richard A. Speciale 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. Speciale 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, 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 Hearings and Enforcement at the same address, to 
the Regional Administrator, NRC Region I, U.S. Nuclear Regulatory, 475 
Allendale Road, King of Prussia, Pennsylvania 19406, and to Mr. 
Speciale if the answer or hearing request is by a person other than Mr. 
Speciale. If a person other than Mr. Speciale requests a hearing, that 
person shall set forth with particularity the manner in which that 
person's 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. Speciale or a person whose 
interest is

[[Page 41171]]

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. Speciale 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 at Rockville, Maryland this 21st day of July, 1999.

    For the Nuclear Regulatory Commission.
Malcolm R. Knapp,
Deputy Executive Director for Regulatory Effectiveness.
[FR Doc. 99-19365 Filed 7-28-99; 8:45 am]
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