[Federal Register Volume 70, Number 23 (Friday, February 4, 2005)]
[Notices]
[Pages 6046-6047]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-2136]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 030-33635, License No.45-15200-04, EA-04-103]
In the Matter of Soil Consultants, Inc., ATTN: Mr. Joseph W.
Dixon, President, 9303 Center Street, Manassas, VA 20110-5547; Order
Imposing Civil Monetary Penalty
I
Soil Consultants, Inc. (Licensee) is the holder of Materials
License No. 45-15200-04 issued by the Nuclear Regulatory Commission
(NRC or Commission) on October 6, 2004, Amendment No. 03. The license
authorizes the Licensee to use sealed source(s) contained in portable
gauging devices (registered pursuant to 10 CFR 32.320 or equivalent
Agreement State regulation) for measuring properties of materials in
accordance with the conditions specified therein.
II
An investigation of the Licensee's activities was completed on
February 11, 2004. The results of this investigation and the NRC's
further consideration of this matter, including a predecisional
enforcement conference held with you on August 12, 2004, 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
October 6, 2004. The Notice states the nature of 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 letters dated November 5,
2004, and December 2, 2004. In its response, the Licensee denied a
violation occurred.
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, as set forth in the Appendix to this
Order, 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 herby ordered that:
The Licensee pay a civil penalty in the amount of $9,600 within 30
days of the date of this Order, in accordance with NUREG/BR-0254. In
addition, at the time of making 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, such as requesting to engage in
alternative dispute resolution, 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: Rulemaking 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 I, 475 Allendale Road, King of Prussia, PA 19406-1415. Because
of continuing disruption in delivery of mail to United States
Government offices, it is requested that requests for hearings 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.
[[Page 6047]]
In the event that 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 referred to in Section II
above, and
(b) Whether, on the basis of such violation, this Order should be
sustained.
Dated this 27th day of January 2005.
For the Nuclear Regulatory Commission.
Frank J. Congel,
Director, Office of Enforcement.
[FR Doc. 05-2136 Filed 2-3-05; 8:45 am]
BILLING CODE 7590-01-P