[Federal Register Volume 68, Number 178 (Monday, September 15, 2003)]
[Notices]
[Pages 54022-54023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-23399]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 030-35090; License No. 34-24872-02; EA-03-081]
Testmaster Inspection Company, Perrysburg, OH; Order Imposing
Civil Monetary Penalty
Testmaster Inspection Company (Licensee) is the holder of Materials
License No. 34-24872-02 issued by the Nuclear Regulatory Commission
(NRC or Commission) August 31, 1999. The license authorizes the
Licensee to perform industrial radiography using NRC-licensed materials
(not to exceed 150 curies of iridium-192 and not to exceed 50 curies of
cobalt-60), store NRC-licensed materials, and calibrate radiation
survey instruments in accordance with the conditions specified therein.
The NRC Office of Investigations (OI) conducted an investigation of
the Licensee's activities from July 8, 2002,
[[Page 54023]]
to March 24, 2003. The results of this investigation indicated that the
Licensee had not conducted its activities in full compliance with NRC
requirements. A written Notice of Violation and Proposed Imposition of
Civil Penalty (Notice) was served upon the Licensee by letter dated
July 2, 2003. The Notice states the nature of the violation, the
provision of the NRC's requirements that the Licensee had violated, and
the amount of the civil penalty proposed for the violation.
The Licensee responded to the Notice in a letter dated July 22,
2003. In its response, the Licensee contended the violation may have
been based on false information; therefore, the violation may not have
occurred. The Licensee also requested full mitigation of the proposed
civil penalty.
After consideration of the Licensee's response and the statements
of fact, explanation, and argument for mitigation contained therein,
the NRC staff has determined that the violation occurred as stated and
that the penalty proposed for the violation designated in the Notice
should be imposed.
In view of the foregoing and pursuant to section 234 of the Atomic
Energy Act of 1954, as amended (Act), 42 U.S.C. 2282, and 10 CFR 2.205,
it is hereby ordered that:
The Licensee pay a civil penalty in the amount of $5,500 within 30
days of the date of this Order, in accordance with NUREG/BR-0254. In
addition, at the time of making the payment, the licensee shall submit
a statement indicating when and by what method payment was made, to the
Director, Office of Enforcement, U.S. Nuclear Regulatory Commission,
One White Flint North, 11555 Rockville Pike, Rockville, MD 20852-2738.
The Licensee may request a hearing within 30 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. A request for a hearing
should be clearly marked as a ``Request for an Enforcement Hearing''
and 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, and to the Regional Administrator, NRC
Region III, 801 Warrenville Road, Lisle, IL 60532-4351. Because of
continuing disruptions in delivery of mail to United States Government
offices, it is requested that 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 [email protected] and
also to the Office of the General Counsel either by means of facsimile
transmission to 301-415-3725 or by e-mail to [email protected].
If a hearing is requested, the Commission will issue an Order
designating the time and place of the hearing. If the Licensee fails to
request a hearing within 30 days of the date of this Order (or if
written approval of an extension of time in which to request a hearing
has not been granted), the provisions of this Order shall be effective
without further proceedings. If payment has not been made by that time,
the matter may be referred to the Attorney General for collection.
In the event the Licensee requests a hearing as provided above, the
issues to be considered at such hearing shall be:
(a) Whether the Licensee was in violation of the Commission's
requirements as set forth in the Notice referenced in Section II above,
and
(b) Whether, on the basis of such violation, this Order should be
sustained.
Dated this 5th day of September, 2003.
For the Nuclear Regulatory Commission.
James G. Luehman,
Deputy Director, Office of Enforcement.
[FR Doc. 03-23399 Filed 9-12-03; 8:45 am]
BILLING CODE 7590-01-P