[Federal Register Volume 66, Number 70 (Wednesday, April 11, 2001)]
[Notices]
[Pages 18814-18815]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-8888]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 030-32660; License No. 45-24851-02; EA-98-213]


In the Matter of Moisture Protection Systems Analysts, Inc. 
Washington, D.C.; Order Imposing Civil Monetary Penalty

I

    Moisture Protection Systems Analysts, Inc. (the Licensee or MPSA), 
1350 Beverly Road, Suite 223, McLean, Virginia 22101, formerly was the 
holder of Byproduct Materials License No. 45-24851-02 (the license), 
which was issued by the Nuclear Regulatory Commission (NRC or 
Commission) pursuant to 10 CFR Part 30 on January 30, 1992. The license 
authorized MPSA to possess byproduct material, i.e., a Siemens Model R-
50 portable roofing gauge that contains a nominal 40 millicuries (mCi) 
of Americium-241, for use in measuring moisture density of roof 
surfaces in accordance with the conditions specified in the license. On 
February 3, 1997, the NRC attempted to inspect MPSA's facilities at 
1350 Beverly Road, Suite 223, McLean, Virginia, 22101, the address 
listed on MPSA's license. At that time, the inspector learned that MPSA 
had vacated the premises in December, 1996, without prior notice to the 
NRC. The inspector was provided with a forwarding address for MPSA of 
2811 12th Street, N.W., Washington, D.C., 20017-2402. NRC 
representatives subsequently made numerous unsuccessful attempts to 
contact MPSA by telephone and to inspect the premises at the forwarding 
address. On February 27 1997, the NRC issued an Order Suspending 
License (Effective Immediately) to MPSA based upon non-payment of 
annual fees required pursuant to 10 CFR 171.16. The Order was reissued 
on May 15, 1997.

II

    On April 30, 1998, the NRC issued a ``Notice of Violation and 
Proposed Imposition of Civil Penalty--$5,500, Notification of 
Consideration of the Imposition of Daily Civil Penalties, and Order 
Modifying Order Suspending License (Effective Immediately) and Order 
Revoking License (Notice),'' to MPSA. The Notice described a violation 
of NRC requirements identified as a result of the NRC's review of the 
circumstances associated with attempts to perform an inspection of 
MPSA's material, facilities, and records. The Notice stated the nature 
of the violation, the provision of the NRC's requirements that MPSA had 
violated, and the amount of the civil penalty proposed for the 
violation.
    MPSA has not responded to the Notice, nor has it complied with the 
requirements of the Order that it maintain the licensed material in 
safe storage, immediately notify the NRC of its current business 
location and the status of the licensed material, test the sealed 
source for leak tightness, and transfer the licensed material to an 
authorized recipient within 30 days of the date of the Order. The NRC 
has made numerous additional attempts to contact MPSA, including 
issuing two subpoenas to Mr. Virgil J. Hood, Sr., Radiation Safety 
Officer and President of MPSA and Mr. Virgil J. Hood, Jr., Vice 
President of MPSA, compelling their appearance for interviews at NRC 
headquarters on September 16, 1998, and December 3, 1999. The President 
and Vice President failed to appear for these interviews, and have been 
unresponsive to repeated attempts to discuss licensed activities 
associated with MPSA.

III

    After consideration of MPSA's unresponsiveness, the NRC staff has 
determined 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:
    MPSA 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, MPSA shall submit a statement 
indicating when and by what method payment was made, to the Nuclear 
Regulatory Commission, One White Flint North, 11555 Rockville Pike, 
Rockville, MD 20852-2738.

V

    MPSA may request a hearing within 30 days of the date of this 
Order. Where good cause is shown, consideration will

[[Page 18815]]

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 II, 61 Forsyth Street, SW, Suite 
23T85, Atlanta, Georgia, 30303-8931.
    If a hearing is requested, the Commission will issue an Order 
designating the time and place of the hearing. If MPSA 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 MPSA requests a hearing as provided above, the issues 
to be considered at such hearing shall be:
    (a) Whether MPSA 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 2nd day of April 2001.

    For the Nuclear Regulatory Commission.
Frank J. Congel,
Director, Office of Enforcement.
[FR Doc. 01-8888 Filed 4-10-01; 8:45 am]
BILLING CODE 7590-01-P