[Federal Register Volume 72, Number 87 (Monday, May 7, 2007)]
[Notices]
[Pages 25788-25789]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-8672]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 030-29302; License No. 29-27857-01; EA-06-286]
In the Matter of TRC Engineers, Inc., Mount Laurel, NJ; Order
Imposing Civil Monetary Penalty
I
TRC Engineers, Inc., formerly SITE-Blauvelt Engineering, Inc.,
formerly Site Engineers, Inc., is the holder of a byproduct materials
License No. 29-27857-01 issued by the Nuclear Regulatory Commission
(NRC or Commission) on July 11, 1986. The license was renewed on
December 26, 2001 (Amendment 7) and expires on December 31, 2011. The
license authorizes the Licensee to possess and use certain byproduct
materials in accordance with the conditions specified therein.
II
An inspection of the Licensee's activities was completed on
December 5, 2006 at the licensee's facility, as well as at a temporary
job site in Monroe, Pennsylvania. The results of this inspection
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 January 30, 2007. The Notice states the nature
of the violation, the provision of the NRC's requirements that the
Licensee violated, and the amount of the civil penalty proposed for the
violation. The Licensee responded to the Notice in a letter dated
February 28, 2007. In its response, the Licensee disputed the violation
and requested rescission of the civil penalty.
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, the violation occurred as stated in the
Notice 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 hereby ordered that:
The Licensee pay a civil penalty in the amount of $ 3,250 within
30 days of the date of this Order, in accordance with NUREG/
[[Page 25789]]
BR-0254. In addition, at the time payment is made, 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, 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 20555-0001, 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 20555-0001. Copies also shall be sent to the Director,
Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington,
DC 20555-0001, to the Assistant General Counsel for Materials
Litigation and Enforcement at the same address, and to the Regional
Administrator, NRC Region I, 475 Allendale Rd., King of Prussia, PA
19406. 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.
For the Nuclear Regulatory Commission.
Dated this 30th day of April 2007.
Cynthia A. Carpenter,
Director, Office of Enforcement.
[FR Doc. E7-8672 Filed 5-4-07; 8:45 am]
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