[Federal Register Volume 70, Number 86 (Thursday, May 5, 2005)]
[Notices]
[Pages 23894-23895]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-8945]



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NUCLEAR REGULATORY COMMISSION

[Docket No. 030-33635, License No. 45-15200-04, EA-04-103]


In the Matter of: ATTN: Mr. David F. Johns, President, Soil 
Consultants, Inc., 9393 Center Street, Manassas, VA 20110-5547; 
Confirmatory Order Modifying License (Effective Immediately)

I

    Soil Consultants, Inc. (SCI or 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 in letters dated November 5, 2004, and December 5, 
2004, and denied a violation occurred. An Order Imposing a civil 
penalty was served upon the Licensee by letter dated February 1, 2005. 
The February 1st letter offered SCI the opportunity either to pay the 
civil penalty, request a hearing, or request alternative dispute 
resolution (ADR) in which a neutral mediator with no decision-making 
authority would facilitate discussions between the NRC and SCI and, if 
possible, assist the NRC and SCI in reaching an agreement on resolving 
the concern. SCI chose to participate in ADR. On March 16, 2005, the 
NRC and SCI met at NRC Headquarters in Rockville, Maryland in an ADR 
session mediated by a professional mediator, arranged through Cornell 
University's Institute on Conflict Resolution.

III

    By letter dated April 8, 2005, the Licensee has agreed that in 
addition to the corrective actions outlined in their letters to the NRC 
dated November 5, 2004, and December 2, 2004, SCI would take certain 
additional measures to emphasize the importance of a Safety Conscious 
Work Environment at their facility. The Licensee agreed to:
    1. Hire an outside consultant to:
    a. Provide insight and develop an initial training module 
addressing a safety conscious work environment (SCWE) and 10 CFR 30.7, 
Employee protection,'' by no later than five months from the date of 
issuance of the Confirmatory Order,
    b. Conduct initial training for managers and employees of SCI using 
the module by no later than six months from the date of issuance of the 
Confirmatory Order, and
    c. Develop a refresher training module addressing SCWE and 10 CFR 
30.7 for the managers and employees of SCI by no later than six months 
from the date of issuance of the Confirmatory Order.
    2. By no later than six months from the date of issuance of the 
Confirmatory Order, SCI shall revise its training program requirements 
to conduct refresher training of SCWE and 10 CFR 30.7 at a frequency 
consistent with SCI's general employee training.
    3. By no later than six months from the date of issuance of the 
Confirmatory Order, SCI shall revise its training program requirements 
to conduct SCWE and 10 CFR 30.7 training for new managers and employees 
of SCI, within sixty days of their assumption of duties.
    4. Pay a civil penalty in the amount of $1,200 for a violation of 
10 CFR 30.7, ``Employee protection,'' requirements within thirty days 
of the date of issuance of the Confirmatory Order.
    On April 18, 2005, SCI consented to the NRC issuing this 
Confirmatory Order, as described in Section IV below. SCI further 
agreed in its April 18, 2005, letter that this Confirmatory Order is to 
be effective upon issuance and that it has waived its right to a 
hearing. The NRC has concluded that its concerns can be resolved 
through effective implementation of SCI's commitments.
    I find that the Licensee's commitments as set forth in Section IV 
are acceptable and necessary and conclude that with these commitments 
the public health and safety are reasonably assured. In view of the 
foregoing, I have determined that the public health and safety require 
that SCI's commitments be confirmed by this Order. Based on the above 
and SCI's consent, this Order is immediately effective upon issuance. 
SCI is required to provide the NRC with a letter summarizing its 
actions when all of the Section IV requirements have been completed.

IV

    Accordingly, pursuant to Sections 81, 161b, 161i, 161o, 182, and 
186 of the Atomic Energy Act of 1954, as amended, and the Commission's 
regulations in 10 CFR 2.202 and 10 CFR part 30, it is hereby ordered, 
effective immediately, that License No. 45-15200-04 is modified as 
follows:
    1. The Licensee shall hire an outside consultant to:
    a. Provide insight and develop an initial training module 
addressing a safety conscious work environment (SCWE) and 10 CFR 30.7, 
Employee protection,'' by no later than five months from the date of 
issuance of the Confirmatory Order,
    b. Conduct initial training for managers and employees of SCI using 
the module by no later than six months from the date of issuance of the 
Confirmatory Order, and
    c. Develop a refresher training module addressing SCWE and 10 CFR 
30.7 for the managers and employees of SCI by no later than six months 
from the date of issuance of the Confirmatory Order.
    2. The Licensee shall revise its training program requirements to 
conduct refresher training of SCWE and 10 CFR 30.7 at a frequency 
consistent with SCI's general employee training, by no later than six 
months from the date of issuance of the Confirmatory Order.
    3. By no later than six months from the date of issuance of the 
Confirmatory Order, the Licensee shall revise its training program 
requirements to conduct SCWE and 10 CFR 30.7 training for new managers 
and employees of SCI, within sixty days of their assumption of duties.
    4. Pay a civil penalty in the amount of $1,200 for a violation of 
10 CFR 30.7, ``Employee protection,'' requirements within thirty days 
of the date of issuance of the Confirmatory Order.
    The Director, Office of Enforcement, may relax or rescind, in 
writing, any of the above conditions upon a showing by SCI of good 
cause.

V

    Any person adversely affected by this Confirmatory Order, other 
than the Licensee, may request a hearing within 20 days of its 
issuance. Where good cause is shown, consideration will be given to 
extending the time to request a hearing. A request for extension of 
time

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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. Any request for a hearing 
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, to the Regional Administrator, NRC 
Region I, 475 Allendale Road, King of Prussia, PA 19406-1415, and to 
the Licensee. Because of continuing disruptions in delivery of mail to 
United States Government offices, it is requested that answers and 
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 person other than the licensee requests 
a hearing, that person shall set forth with particularity the manner in 
which his interest is adversely affected by this Order and shall 
address the criteria set forth in 10 CFR 2.309(d) and (f).
    If a hearing is requested by a person whose interest is adversely 
affected, the Commission will issue an Order designating the time and 
place of any hearing. If a hearing is held, the issue to be considered 
at such hearing shall be whether this Confirmatory Order should be 
sustained.
    In the absence of any request for hearing, or written approval of 
an extension of time in which to request a hearing, the provisions 
specified in Section IV above shall be final 20 days from the date of 
this Order without further order or proceedings. If an extension of 
time for requesting a hearing has been approved, the provisions 
specified in Section IV shall be final when the extension expires if a 
hearing request has not been received. An answer or a request for 
hearing shall not stay the immediate effectiveness of this Order.

    Dated this 27th day of April, 2005.

    For the Nuclear Regulatory Commission.
Frank J. Congel,
Director, Office of Enforcement.
[FR Doc. 05-8945 Filed 5-4-05; 8:45 am]
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