[Federal Register Volume 70, Number 23 (Friday, February 4, 2005)]
[Pages 6046-6047]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-2136]



[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


    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.


    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.


    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.


    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.


    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 

    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]