[Federal Register Volume 66, Number 41 (Thursday, March 1, 2001)]
[Notices]
[Pages 12961-12962]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-4960]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 030-04983, License No. 22-01376-02, EA-00-169]


In the Matter of Stork/Twin City Testing St. Paul, MN; Order 
Imposing Civil Monetary Penalty

I

    Stork/Twin City Testing (Licensee) is the holder of Materials 
License No. 22-01376-02 issued by the Nuclear Regulatory Commission 
(NRC or Commission) on August 2, 1999, and amended in its entirety on 
June 16, 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 25 
through February 24, 2000, and an investigation by the NRC Office of 
Investigations 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 December 15, 
2000. The Notice states the nature of the violation, the provision of 
the NRC's requirements that the Licensee violated, and the amount of 
the civil penalty proposed for the violation.
    The Licensee responded to the Notice in a letter dated December 21, 
2000. In its response, the Licensee did not contest the violation, but 
requested reconsideration of the amount of the civil penalty based on 
the safety significance of the violation, the duration of the violation 
while Stork was involved, and that the violation occurred at only one 
location of use.

III

    After considering 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 in the 
Notice, that the licensee has not provided a sufficient basis to 
warrant reduction of the civil monetary penalty, and that therefore the 
civil monetary penalty in the amount of $11,000 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 $11,000 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 shall also 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.
    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

[[Page 12962]]

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 20th day of February 2001.

    For the Nuclear Regulatory Commission.
R.W. Borchardt,
Director, Office of Enforcement.
[FR Doc. 01-4960 Filed 2-28-01; 8:45 am]
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