[Federal Register Volume 74, Number 145 (Thursday, July 30, 2009)]
[Notices]
[Pages 38062-38063]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-18212]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 030-35114; License No. 12-16559-02; EA-08-334; (NRC-2009-
0332)]
In the Matter of MISTRAS Holding Group, d/b/a: Conam Inspection
and Engineering Services, Quality Services Laboratories, Inc., Burr
Ridge, IL; Order Imposing Civil Monetary Penalty
I
MISTRAS Holding Group, doing business as Conam Inspection and
Engineering Services, Inc. and Quality Services Laboratories, Inc.
(MISTRAS or Licensee) is the holder of Materials License No. 12-16559-
02 issued by the U.S. Nuclear Regulatory Commission (NRC or Commission)
pursuant to 10 CFR part 30 on August 31, 1999. The license authorizes
MISTRAS to conduct radiography operations in locations within the NRC's
jurisdiction.
II
An inspection of the Licensee's activities was conducted on
September 22 and 23, 2008, at its Noblesville, Indiana office. 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 March 9, 2009
(the letter is Not Publicly Available). 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 penalties proposed for
the violations.
The Licensee responded to the Notice in a letter dated March 24,
2009 (also Not Publicly Available). In its response, the Licensee,
although neither admitting nor denying the violations, requested
mitigation for the civil penalty associated with one of the violations.
III
After consideration of the Licensee's response and the statements
of fact, explanation, and argument for mitigation contained therein,
the NRC staff determined that the violation occurred as stated and that
the penalty proposed for the violation should be imposed. The results
of the NRC's review of the information contained in the Licensee's
letter and the basis for the NRC taking the actions described in this
Order are set forth in the non-Public Appendix to this Order.
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 shall pay, within 20 days from the date this Order is
published in the Federal Register, a civil penalty in the amount of
$6,500, in accordance with NUREG/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
[[Page 38063]]
Flint North, 11555 Rockville Pike, Rockville, MD 20852-2738.
V
In accordance with 10 CFR 2.205, the Licensee may request a hearing
on this Order within 20 days of its publication in the Federal
Register. 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 directed to the Director, Office of Enforcement, U.S.
Nuclear Regulatory Commission, and include a statement of good cause
for the extension.
If a hearing is requested by the Licensee, the Commission will
issue an Order designating the time and place of hearing. If a hearing
is held, an Order will be issued after the hearing by the Commission
dismissing the proceeding or imposing, mitigating, or remitting the
civil penalty. If the Licensee fails to request a hearing within 20
days from the date this Order is published in the Federal Register, 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.
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
(August 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 ten (10) days prior to the filing deadline the
requestor must contact the Office of the Secretary by e-mail at
[email protected], or by calling (301) 415-1677, 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 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 participants separately. Therefore, if
the licensee chooses to request a hearing, the licensee (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.
For the Nuclear Regulatory Commission.
Dated this 23rd day of July, 2009.
Cynthia A. Carpenter,
Director, Office of Enforcement.
[FR Doc. E9-18212 Filed 7-29-09; 8:45 am]
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