[Federal Register Volume 74, Number 100 (Wednesday, May 27, 2009)]
[Pages 25287-25289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12254]



[Docket No. 03035282; License No. 37-30546-01; EA-08-018, 08-019, 08-
020; NRC-2009-0216]

In the Matter of Precision Calibration & Testing Corporation, 
York, PA; Order Imposing Civil Monetary Penalty


    In 2007, Precision Calibration & Testing Corporation (PCT), was the 
holder of a radiography License No. 37-30545-01, issued by the Nuclear 
Regulatory Commission (NRC) on September 7, 2006. The License 
authorized possession and storage of radioactive material only in 
accordance with the conditions specified therein.


    During two NRC inspections conducted from March 23 to August 24, 
2007, and two investigations initiated on June 13 and August 23, 2007, 

[[Page 25288]]

of which were completed on November 29, 2007, violations of NRC 
requirements were identified. A written Notice of Violation and 
Proposed Imposition of Civil Penalty (Notice) was served upon the 
Licensee by letter dated July 9, 2008. The Notice states the nature of 
the violations, the provisions of the NRC's requirements that the 
Licensee violated, and the amount of the civil penalty proposed for the 
    The Licensee responded to the Notice in a letter dated August 18, 
2008. In its response, the Licensee disputed the willful aspects of the 
violations and requested mitigation of the associated civil penalty. 
The results of the NRC review of the Licensee's letter is described in 
the Appendix to this Order. Further, the basis of this Order is set 
forth in the Appendix to this Order.


    After consideration of the Licensee's response and the statements 
of fact, explanation, and argument for mitigation contained therein, as 
well as information gathered by the Office of Investigations in 
assistance to the staff (completed on February 20, 2009), the NRC staff 
determined, as set forth in the Appendix to this Order, the following: 
(1) The violations occurred as stated, with the exception that an 
example of the failure to meet the requirements of 10 CFR 30.9 was not 
willful; and, (2) the amount of the proposed penalty is reduced to 
result in a civil penalty in the amount of $3,250 that is imposed by 


    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, within 30 days of the date of this Order shall either 
(1) pay a civil penalty in the amount of $3,250, in accordance with 
NUREG/BR-0254; or (2) contact the NRC Office of the Chief Financial 
Officer to arrange payment in installments over an established time 
period. 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 


    In accordance with 10 CFR 2.202, the Licensee must, and any other 
person adversely affected by this Order may, submit an answer to this 
Order within 30 days of its issuance. In addition, the Licensee and any 
other person adversely affected by this Order may request a hearing on 
this Order within 30 days of its issuance. Where good cause is shown, 
consideration will be given to extending the time to answer or request 
a hearing. A request for extension of time must be directed to the 
Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, 
and include a statement of good cause for the extension.
    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).
    If a hearing is requested by a Licensee or a person whose interest 
is adversely affected, the Commission will issue an Order designating 
the time and place of any hearings. If a hearing is held, the issue to 
be considered at such hearing shall be whether this Order should be 
sustained. Pursuant to 10 CFR 2.202(c)(2)(i), the Licensee, or any 
other person adversely affected by this Order, may, in addition to 
demanding a hearing, at the time the answer is filed or sooner, move 
the presiding officer to set aside the immediate effectiveness of the 
Order on the ground that the Order, including the need for immediate 
effectiveness, is not based on adequate evidence but on mere suspicion, 
unfounded allegations, or error. 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 30 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. 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 
issue to be considered at such hearing shall be:
    (a) Whether the Licensee is in violation of the Commission's 
requirements as set forth in the Notice of Violation referenced in 
Section II above, and as set forth in the Appendix to this Order; and,
    (b) Whether, on the basis of such violations and the additional 
violations set forth in the Notice of Violation that the Licensee 
admitted, this Order should be sustained.
    A request for a hearing must be filed in accordance with the NRC E-
Filing rule, which the NRC promulgated in August, 2007, 72 FR 49,139 
(Aug. 28, 2007). The E-Filing process requires participants to submit 
and serve documents over the Internet or, in some cases, to mail copies 
on electronic optical storage media. Participants may not submit paper 
copies of their filings unless they seek a waiver in accordance with 
the procedures described below.
    To comply with the procedural requirements associated with E-
Filing, at least five (5) days prior to the filing deadline the 
requestor must contact the Office of the Secretary by e-mail at 
[email protected], or by calling (866) 672-7640, to request (1) a 
digital ID certificate, which allows the participant (or its counsel or 
representative) to digitally sign documents and access the E-Submittal 
server for any NRC proceeding in which it is participating; and/or (2) 
creation of an electronic docket for the proceeding (even in instances 
when the requestor (or its counsel or representative) already holds an 
NRC-issued digital ID certificate). Each requestor will need to 
download the Workplace Forms Viewer \TM\ to access the Electronic 
Information Exchange (EIE), a component of the E-Filing system. The 
Workplace Forms Viewer \TM\ is free and is available at http://www.nrc.gov/site-help/e-submittals/install-viewer.html. Information 
about applying for a digital ID certificate also is available on NRC's 
public Web site at http://www.nrc.gov/site-help/e-submittals/apply-certificates.html.
    Once a requestor has obtained a digital ID certificate, had a 
docket created, and downloaded the EIE viewer, it can then submit a 
request for a hearing through EIE. Submissions should be in Portable 
Document Format (PDF) in accordance with NRC guidance available on the 
NRC public Web site at http://www.nrc.gov/site-help/e-submittals.html. 
A filing is considered complete at the time the filer submits its 
document through EIE. To be timely, electronic filings must be 
submitted to the EIE system no later than 11:59 p.m. Eastern Time on 
the due date. Upon receipt of a transmission, the E-Filing system time-
stamps the document and sends the submitter an e-mail notice confirming 
receipt of the document. The EIE system also distributes an e-mail 
notice that provides access to the document to the NRC Office of the 
General Counsel and any others who have advised the Office of the 
Secretary that they wish to participate in the proceeding, so that the 
filer need not serve the document on those

[[Page 25289]]

participants separately. Therefore, any others who wish to participate 
in the proceeding (or their counsel or representative) must apply for 
and receive a digital ID certificate before a hearing request is filed 
so that they may obtain access to the document via the E-Filing system.
    A person filing electronically may seek assistance through the 
``Contact Us'' link located on the NRC Web site at http://www.nrc.gov/site-help/e-submittals.html or by calling the NRC technical help line, 
which is available between 8:30 a.m. and 4:15 p.m., Eastern Time, 
Monday through Friday. The electronic filing Help Desk can be contacted 
by telephone at 1-866-672-7640 or by e-mail at [email protected].
    Participants who believe that they have good cause for not 
submitting documents electronically must file a motion, in accordance 
with 10 CFR 2.302(g), with their initial paper filing requesting 
authorization to continue to submit documents in paper format. Such 
filings must be submitted by (1) first-class mail addressed to the 
Office of the Secretary of the Commission, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, Attention: Rulemaking and 
Adjudications Staff; or (2) courier, express mail, or expedited 
delivery service to the Office of the Secretary, Sixteenth Floor, One 
White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852, 
Attention: Rulemaking and Adjudications Staff. Participants filing a 
document in this manner are responsible for serving the document on all 
other participants. Filing is considered complete by first-class mail 
as of the time of deposit in the mail, or by courier, express mail, or 
expedited delivery service upon depositing the document with the 
provider of the service.
    Documents submitted in adjudicatory proceedings will appear in 
NRC's electronic hearing docket which is available to the public at 
http://ehd.nrc.gov/EHD_Proceeding/home.asp, unless excluded pursuant 
to an order of the Commission, an Atomic Safety and Licensing Board, or 
a Presiding Officer. Participants are requested not to include personal 
privacy information, such as social security numbers, home addresses, 
or home phone numbers in their filings. With respect to copyrighted 
works, except for limited excerpts that serve the purpose of the 
adjudicatory filings and would constitute a Fair Use application, 
participants are requested not to include copyrighted materials in 
their works.

    Dated this 19th day of May 2009.

    For the Nuclear Regulatory Commission.
Cynthia Carpenter,
Director, Office of Enforcement.
[FR Doc. E9-12254 Filed 5-26-09; 8:45 am]