[Federal Register Volume 67, Number 18 (Monday, January 28, 2002)]
[Notices]
[Pages 3917-3918]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-2020]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 040-02384, License No. SMB-00602 EA-99-290]


In the Matter of Earthline Technologies (Previously RMI 
Environmental Services), Ashtabula, OH; Order Imposing Civil Monetary 
Penalty

I

    Earthline Technologies (previously RMI Environmental Services) was 
the holder of Materials License No. SMB-00602, issued by the Nuclear 
Regulatory Commission (NRC or Commission) on June 8, 1962. The license 
authorized the Licensee, in part, to conduct

[[Page 3918]]

decontamination and decommissioning activities in accordance with the 
conditions specified therein.

II

    An investigation of the Licensee's activities was completed on 
September 29, 1999. The results of this 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 
September 24, 2001. 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 October 17, 
2001. In its response, the Licensee denied the violation and protested 
the civil penalty. The Licensee claimed the employment action was taken 
for legitimate business reasons, the manager was unaware that the 
complainant had contacted the NRC, and the complainant did not have a 
material loss of benefits because he was placed on paid medical leave.

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, 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 $17,600 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, 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 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 15th day of January 2002.

    For the Nuclear Regulatory Commission.
Carl J. Paperiello,
Deputy Executive Director for Materials, Research and State Programs.
[FR Doc. 02-2020 Filed 1-25-02; 8:45 am]
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