[Federal Register Volume 68, Number 178 (Monday, September 15, 2003)]
[Notices]
[Pages 54022-54023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-23399]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 030-35090; License No. 34-24872-02; EA-03-081]


Testmaster Inspection Company, Perrysburg, OH; Order Imposing 
Civil Monetary Penalty

    Testmaster Inspection Company (Licensee) is the holder of Materials 
License No. 34-24872-02 issued by the Nuclear Regulatory Commission 
(NRC or Commission) August 31, 1999. The license authorizes the 
Licensee to perform industrial radiography using NRC-licensed materials 
(not to exceed 150 curies of iridium-192 and not to exceed 50 curies of 
cobalt-60), store NRC-licensed materials, and calibrate radiation 
survey instruments in accordance with the conditions specified therein.
    The NRC Office of Investigations (OI) conducted an investigation of 
the Licensee's activities from July 8, 2002,

[[Page 54023]]

to March 24, 2003. 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 
July 2, 2003. 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 July 22, 
2003. In its response, the Licensee contended the violation may have 
been based on false information; therefore, the violation may not have 
occurred. The Licensee also requested full mitigation of the proposed 
civil penalty.
    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.
    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.
    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. Because of 
continuing disruptions in delivery of mail to United States Government 
offices, it is requested that requests for hearing be transmitted to 
the Secretary of the Commission either by means of facsimile 
transmission to 301-415-1101 or by e-mail to [email protected] and 
also to the Office of the General Counsel either by means of facsimile 
transmission to 301-415-3725 or by e-mail to [email protected].
    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 5th day of September, 2003.

    For the Nuclear Regulatory Commission.
James G. Luehman,
Deputy Director, Office of Enforcement.
[FR Doc. 03-23399 Filed 9-12-03; 8:45 am]
BILLING CODE 7590-01-P