[Federal Register Volume 69, Number 243 (Monday, December 20, 2004)]
[Notices]
[Page 76019]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27731]
[[Page 76019]]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 030-35321, License No. 11-27657-01, EA-03-128]
In the Matter of All Tech Corporation Pocatello, Idaho; Order
Imposing Civil Monetary Penalty
All Tech Corporation (Licensee) is the holder of Byproduct Material
License No. 11-27657-01 issued by the Nuclear Regulatory Commission
(NRC or Commission) on March 6, 2000. The license authorizes the
Licensee to use and possess portable gauging devices in accordance with
the conditions specified therein.
An investigation of the Licensee's activities was initiated on
March 18, 2003. The investigation concluded that the Licensee had not
conducted its activities in full compliance with NRC requirements. The
results of the investigation were discussed with the Licensee during a
predecisional enforcement conference on September 15, 2003. A written
Notice of Violation and Proposed Imposition of Civil Penalty (Notice)
was served upon the Licensee by letter dated April 27, 2004. The Notice
stated 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 June 2,
2004. In its response, the Licensee denied the violation in whole and
requested remission or mitigation of the 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 $6,000 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.
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 IV, 611 Ryan Plaza Drive, Suite 400, Arlington, Texas 76011.
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 10th day of December 2004.
For the Nuclear Regulatory Commission.
Frank Congel,
Director, Office of Enforcement.
[FR Doc. 04-27731 Filed 12-17-04; 8:45 am]
BILLING CODE 7590-01-P