[Federal Register Volume 61, Number 161 (Monday, August 19, 1996)]
[Notices]
[Pages 42921-42922]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-21039]


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NUCLEAR REGULATORY COMMISSION

[Non-License EA 96-288]


Middle Monongahela Industrial Development Association, Inc. 
(MIDA); Confirmatory Order

I

    Middle Monongahela Industrial Development Association, Inc. (MIDA) 
is a non-profit organization that exists in Monongahela County, PA for 
the purpose of encouraging businesses to locate in that geographical 
area. One of the business entities that existed in the area was GRD 
Steel Corporation (GRD), a company engaged in the manufacturing of 
carbon steel. GRD was located at the Mid Mound Center, Route 136, East 
Monongahela, Pennsylvania. GRD is a licensee of the NRC, specifically, 
the holder of NRC License No. 37-30147-01 issued by the Nuclear 
Regulatory Commission (NRC or Commission) on February 6, 1995 pursuant 
to 10 CFR Part 30. License No. 37-30147-01 authorizes the possession 
and use of up to 10 millicuries of Cobalt-60 in sealed sources (with a 
maximum activity per source of 3.3 millicuries).

II

    GRD possessed two gauges each containing approximately 3.3 
millicuries of Cobalt-60, a radioactive material, at its Mid Mound 
Center facility. GRD has ceased operations (the steel mill had been 
shut down). As a result of its purchase at a sheriff foreclosure sale 
of property of GRD at the Mid Mound Center, MIDA now: (1) holds the 
title to both GRD's gauges and GRD's Mid Mound Center facility in East 
Monongahela; and (2) is in possession of the two gauges each containing 
Cobalt-60, a highly radioactive byproduct material.
    In order to receive or possess byproduct material, an NRC license 
is required by the Atomic Energy Act of 1954, as amended, and the 
Commission's regulations in 10 CFR 30.3. MIDA does not have a license 
to receive or possess this byproduct material.
    It does appear that MIDA has taken some action to maintain security 
of the gauges because the gauges have been maintained with their 
shutters locked in the closed position. However, the NRC was recently 
informed that the building where the gauges are possessed has been 
subject to at least one break-in. The gauges were not stolen or 
damaged. Since the break-in, the NRC understands that the perpetrators 
have been apprehended, that local police patrols are occurring, and 
daily walk-throughs by a local president of the steel union are being 
conducted.

III

    These gauges contain radioactive material which, if not properly 
handled or secured, could cause a member of the public to receive a 
significant radiation exposure. The NRC must be able to ensure that 
radioactive byproduct material subject to NRC regulation only be 
possessed by persons having an NRC license authorizing such possession, 
and that security of the radioactive material is maintained at all 
times to ensure that it is not lost or stolen. MIDA has not met these 
conditions. Therefore, on August 9, 1996, Mr. Charles W. Hehl and other 
members of the NRC Region I office contacted Ms. Lue Anne Pawlick of 
MIDA during which MIDA committed to implement the terms in Section IV 
of this Order and agreed to waive their rights to a hearing.
    I find that MIDA's commitments described in Section IV are 
acceptable and necessary and conclude that with these commitments the 
public health and safety are reasonably assured. In view of the 
foregoing, I have determined that the public health and safety require 
that these commitments be confirmed by this Order. MIDA has agreed to 
this action. Pursuant to 10 CFR 2.202, I have also determined, based on 
the Licensee's consent and on the significance of these matters, 
described above, that the public health and safety 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, and the Commission's 
regulations in 10 CFR 2.202 and 10 CFR Part 30, it is hereby ordered, 
effective immediately, that MIDA:
    1. assures that it will maintain control of the NRC-licensed gauges 
possessed at Mid Mound Center, Route 136, East Monongahela, 
Pennsylvania and that the facility and gauges will remain locked at all 
times;
    2. requests additional patrols from the local police in the area, 
until such time as the gauges are transferred to an authorized 
recipient;
    3. performs daily walk-throughs of the facility to ensure that the 
gauges have not been tampered with;
    4. shall either obtain a license from the NRC to possess the 
material or transfer the material to a specific NRC or Agreement State 
licensee authorized to possess such material; in the absence of 
obtaining a license from the NRC to possess the gauges within 90 days 
from the date of this Order, transfers the gauges either back to the 
manufacturer, or to another authorized recipient
    5. by August 19, 1996 inform the NRC under oath or affirmation 
regarding the specific actions MIDA will take to comply with conditions 
1, 2, and 3 above.
    The Regional Administrator, Region I, may relax or rescind, in 
writing, any of the above conditions upon a showing by MIDA of good 
cause.

V

    MIDA has agreed to waive its right to a hearing. Any person 
adversely affected by this Confirmatory Order, other than MIDA, may 
request a hearing within 20 days of its issuance. Any request for a 
hearing shall be submitted to the Secretary, U.S. Nuclear Regulatory 
Commission, ATTN: Chief, Docketing and Service Section, Washington, 
D.C. 20555. Copies also shall be sent to the Director, Office of 
Enforcement, U.S. Nuclear Regulatory Commission, Washington, D.C. 
20555, to the

[[Page 42922]]

Assistant General Counsel for Hearings and Enforcement at the same 
address, to the Regional Administrator, NRC Region I, 475 Allendale 
Road, King of Prussia, Pennsylvania, and to the Licensee. If such a 
person 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).
    If a hearing is requested by 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 Confirmatory Order should be 
sustained.
    Pursuant to 10 CFR 2.202(c)(2)(i), any person other than the 
Licensee, 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, the provisions specified 
in Section IV above shall be final 20 days from the date of this Order 
without further order or proceedings. An answer or a request for 
hearing shall not stay the immediate effectiveness of this Order.

    Dated at Rockville, Maryland, this 12th day of August 1996.

    For the Nuclear Regulatory Commission.
James Lieberman,
Director, Office of Enforcement.
[FR Doc. 96-21039 Filed 8-16-96; 8:45 am]
BILLING CODE 7590-01-P