[Federal Register Volume 64, Number 168 (Tuesday, August 31, 1999)]
[Notices]
[Pages 47530-47532]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22651]


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NUCLEAR REGULATORY COMMISSION

[Docket No, 030-19405; License No.37-20553-01 (Suspended); EA 99-057]


In the Matter of Alfonso Deleo, Jr., Ardmore, Pennsylvania, Order 
Imposing Civil Monetary Penalty

I

    Alfonso Deleo, Jr.(Mr. Deleo or licensee) is the holder of 
suspended Byproduct Material License No. 37-20553-01 (license) that was 
originally issued by the Nuclear Regulatory Commission (NRC or 
Commission) pursuant to 10 CFR part 30 on April 4, 1982. The license 
authorized: (1) Possession and use of cesium-137 and americium-241 
sealed sources (gauges)

[[Page 47531]]

at temporary jobsites of the licensee anywhere in the United States 
where the Commission maintained jurisdiction for regulating the use of 
licensed material; and (2) storage of the licensed material at 141 Golf 
Hills Road, Havertown, PA. The license has an expiration date of March 
31, 2004. Licensees of the Commission are required to pay annual fees. 
Mr. Deleo has failed to pay annual fees since 1991.

II

    On September 20, 1993, the NRC contacted Mr. Deleo to inform him of 
the need to renew the license and pay annual fees, which he had not 
done for the preceding two years. After Mr. Deleo indicated that it was 
his intent to terminate the license and that he had found a licensee to 
take the two gauges in his possession, the NRC outlined the steps that 
he would have to take to terminate the license once the licensed 
material was properly transferred.
    Subsequently, the NRC conducted an inspection at Mr. Deleo's 
Havertown, PA, facility on November 16, 1994, at which time he still 
possessed the gauges, and had not paid the annual fees. As a result of 
Mr. Deleo's continued non-payment of fees, the NRC issued an Order 
Suspending License on February 12, 1996.
    During a subsequent inspection by the NRC at Mr. Deleo's Havertown, 
PA, facility on December 5, 1996, the NRC determined that he failed to 
notify the Commission in accordance with 10 CFR 30.36(d)(3) of the 
cessation of principal licensed activities. Specifically, Mr. Deleo had 
ceased activities prior to August 15, 1994, the regulation's effective 
date. As a result, a Notice of Violation was issued on December 16, 
1996. Mr. Deleo failed to reply to the Notice within 30 days of its 
issuance as required by 10 CFR 2.201. The NRC contacted Mr. Deleo on 
February 13, 1997, concerning his failure to reply to the December 16, 
1996 Notice, and he indicated that he would reply to the Notice.
    Subsequently, the NRC sent Mr. Deleo another letter on February 24, 
1997, describing the Decommissioning Timeliness rule (10 CFR 30.36), 
and indicating that the licensed material in his possession needed to 
be transferred to another authorized recipient by October 15, 1998. The 
letter further stated that failure to dispose of licensed material by 
that date could result in significant enforcement action, including the 
imposition of monetary civil penalties. Nonetheless, Mr. Deleo did not 
transfer the gauges. During another inspection of Mr. Deleo's 
Havertown, PA, facility on March 16, 1998, he was again informed that 
10 CFR 30.36 required him to transfer licensed material to an 
authorized recipient by October 15, 1998.
    The NRC attempted to contact Mr. Deleo several times between 
December 30, 1998 and March 10, 1999 by leaving messages on his 
answering machine to determine the status of the licensed material. As 
of April 1, 1999, Mr. Deleo had not returned the telephone calls. As a 
result, a joint inspection/investigation by the NRC Office of 
Investigations and Division of Nuclear Materials Safety was conducted 
on April 1, 1999, at his Havertown, PA, facility. That investigation 
disclosed that Mr. Deleo still retained possession of the gauges. Based 
on the above, including the OI investigation, the NRC concluded that 
Mr. Deleo was in willful violation of NRC requirements.
    Since 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 June 2, 1999. 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.

III

    Although Mr. Deleo has confirmed to the NRC, during a telephone 
conversation on June 18, 1999, that he has received the NRC's June 2, 
1999 letter transmitting the Notice of Violation and Proposed 
Imposition of Civil Penalty, he has failed to respond to it and is 
still in possession of the gauges. Therefore, the NRC staff has 
determined, as set forth in the Appendix to this Order, that the 
violation occurred as stated and that the penalty proposed for the 
violation designated in the Notice should be imposed.

IV

    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.

V

    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 Hearings and Enforcement at the 
same address, and to the Regional Administrator, NRC Region I, 475 
Allendale Road, King of Prussia, Pennsylvania, 19406.
    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 23rd day of August 1999.

    For the Nuclear Regulatory Commission.
R.W. Borchardt,
Director, Office of Enforcement.

Appendix: Evaluation(s) and Conclusion

    On June 2, 1999, a Notice of Violation and Proposed Imposition of 
Civil Penalty (Notice) was issued to Alfonso Deleo for a violation 
identified during an NRC inspection and investigation. Mr. Deleo has 
failed to respond to the Notice. Accordingly, the NRC has concluded 
that the violation occurred as stated in the Notice and the licensee 
has not provided any basis for a reduction of the severity level or for 
mitigation of

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the civil penalty. Therefore, the proposed civil penalty in the amount 
of $5,500 should be imposed.

[FR Doc. 99-22651 Filed 8-30-99; 8:45 am]
BILLING CODE 7590-01-P