[Federal Register Volume 61, Number 196 (Tuesday, October 8, 1996)]
[Notices]
[Pages 52813-52814]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25740]


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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 030-10859, 030-06198, License Nos. 37-14600-01, 37-09135-
01, EA 96-353]


Applied Health Physics, Inc., Bethel Park, Pennsylvania; 
Confirmatory Order (Effective Immediately)

I

    Applied Health Physics, Inc. (Licensee or AHP) is the holder of NRC 
License Nos. 37-14600-01 and 37-09135-01 issued by the Nuclear 
Regulatory Commission (NRC or Commission) pursuant to 10 CFR Part 30. 
The Licensee's facility is located on the Licensee's site in Bethel 
Park, Pennsylvania. License No. 37-14600-01 currently authorizes the 
receipt, possession, and storage of pre-packaged wastes. License No. 
37-09135-01 currently authorizes leak tests services, analysis of 
samples, calibrations of instruments, and fixed gauge services. License 
No. 37-14600-01 initially was issued on September 4, 1975, and is due 
to expire on January 30, 1997. License No. 37-09135-01 was initially 
issued on February 19, 1963, and is due to expire on October 31, 2000.

II

    AHP was issued a Confirmatory Order on March 29, 1996, (the Order) 
as a result of its storage of radioactive waste for more than 180 days, 
which is a repeat violation, possessing radioactive material which AHP 
was not authorized to possess, and NRC's concern about the financial 
status of the licensee and the possibility of abandoned radioactive 
material at the licensee's facility.
    In letters dated May 2 and 16, 1996, AHP stated that it had 
complied with the Order and requested a relaxation of the Order which 
would authorize AHP to receive pre-packaged radioactive wastes at their 
Bethel Park facility. In particular, these letters described AHP's 
actions which included the disposal of certain specified waste and the 
establishment of an escrow account into which would be deposited 
revenues from customers whose waste is transferred to its Bethel Park, 
Pennsylvania facility. These revenues would be deposited into escrow 
within five business days and would include the revenues required to 
pay for the direct costs of transportation, permits, disposal, and a 
10% contingency fee.
    The NRC reviewed the AHP request and, based on the information 
provided in its letters cited above, the NRC found that AHP had 
satisfactorily complied with the requirements of the Order to be met to 
date and had made satisfactory progress toward completion of the 
remaining requirement, Paragraph IV.C of the Order, which is to be 
completed by December 31, 1996. In accordance with Section IV of the 
Order, Paragraph IV.A. of the Order was rescinded by letter dated May 
31, 1996, so as to authorize AHP to receive prepackaged radioactive 
waste at its Bethel Park, Pennsylvania facility. The other requirements 
of the Order remained in effect.
    Since that time, the NRC learned that the United States Internal 
Revenue Service seized AHP's bank accounts, thereby preventing disposal 
of radioactive waste located at AHP's Bethel Park, Pennsylvania 
facility. As a result, the NRC no longer has confidence that AHP will 
be able to dispose of the radioactive waste on-site. Accordingly, in 
AHP's facsimile dated September 3, 1996, AHP agreed to suspend all 
receipt of pre-packaged radioactive waste at your Bethel Park, 
Pennsylvania facility.

III

    I find that the Licensee's commitments as set forth in its 
facsimile of September 3, 1996 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 the Licensee's commitments in 
its September 3, 1996 facsimile be confirmed by this Order. The 
Licensee has agreed to this action in a telephone call on September 12, 
1996, between Francis M. Costello, Chief, Industrial Applications 
Branch, Division of Nuclear Materials Safety, U.S. NRC, Region I, and 
Daniel Haber, Assistant to the President, Applied Health Physics. In 
addition, during a telephone call on September 20, 1996, between Ms. 
Kathleen Dolce, Health Physicist, NRC Region I, and Mr. Robert 
Gallaghar, President of AHP, the Licensee understood that, by 
consenting to issuance of this Order, it waived its rights to a 
hearing. Pursuant to 10 CFR 2.202, I also have determined, based on the 
Licensee's consent and on the significance of the underlying violation 
described above, that the public health and safety require this Order 
to be immediately effective.
    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:
    A. Authorization for the receipt of pre-packaged radioactive waste 
at the Bethel Park facility is suspended.
    The Regional Administrator, Region I, may relax or rescind, in 
writing, any of the above conditions upon a showing by the Licensee of 
good cause.

V

    Any person adversely affected by this Confirmatory Order, other 
than the Licensee, may request a hearing within 20 days of its 
issuance. 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, D.C. 20555, and include 
a statement of good cause for the extension. Any

[[Page 52814]]

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 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 19406, 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, 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.

    For the Nuclear Regulatory Commission.
    Dated at Rockville, Maryland, this 27th day of September 1996.

James Lieberman,
Director, Office of Enforcement.
[FR Doc. 96-25740 Filed 10-7-96; 8:45 am]
BILLING CODE 7590-01-P