[Federal Register Volume 74, Number 145 (Thursday, July 30, 2009)]
[Pages 38062-38063]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-18212]



[Docket No. 030-35114; License No. 12-16559-02; EA-08-334; (NRC-2009-

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


    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 


    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.


    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.


    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.


    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 
    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, 
    (b) whether, on the basis of such violation, this Order should be 
    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]