[Federal Register Volume 65, Number 226 (Wednesday, November 22, 2000)]
[Notices]
[Pages 70367-70368]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-29836]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 030-21059; License No. 22-16537-02; EA-00-147]


In the Matter of Braun Intertec Corporation, Minneapolis, 
Minnesota; Order Imposing Civil Monetary Penalty

I

    Braun Intertec Corporation (Licensee) is the holder of Materials 
License No. 22-16537-02 issued by the Nuclear

[[Page 70368]]

Regulatory Commission (NRC or Commission) on September 29, 1999, and 
amended in its entirety on July 21, 2000. The license authorizes the 
Licensee to perform industrial radiography in accordance with the 
conditions specified therein.

II

    An inspection of the Licensee's activities was conducted January 26 
through February 24, 2000, and an investigation was initiated on 
February 7, 2000. The results of the inspection and 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 August 14, 2000. 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 September 
12, 2000. In its response, the Licensee agreed with the violation, but 
disputed that the violation was willful or was caused by ``careless 
disregard'' on the part of licensee personnel.

III

    After consideration of the Licensee's response and the statements 
of fact, explanation, and argument for mitigation contained therein, 
the NRC staff has determined, as set forth in the letter forwarding 
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 Materials Litigation and 
Enforcement at the same address, and to the Regional Administrator, NRC 
Region III, 801 Warrenville Road, Lisle, Illinois, 60532.
    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 whether, on the basis 
of the findings made by the staff, this Order should be sustained.

    Dated this 14th day of November 2000.

    For the Nuclear Regulatory Commission.
R.W. Borchardt,
Director, Office of Enforcement.
[FR Doc. 00-29836 Filed 11-21-00; 8:45 am]
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