[Federal Register Volume 80, Number 66 (Tuesday, April 7, 2015)]
[Notices]
[Pages 18652-18654]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-07984]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[EA-13-251; NRC-2015-0083]
In the Matter of ATC Group Services, Inc.
AGENCY: Nuclear Regulatory Commission.
[[Page 18653]]
ACTION: Order imposing civil monetary penalty; issuance.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an
Order imposing civil monetary penalty of $3,500 to ATC Group Services,
Inc., for the failure to control a portable gauge. The Order is being
imposed after receipt and review of the Licensee's reply to a Severity
Level III Notice of Violation and Proposed Imposition of Civil Penalty
Issued on November 19, 2014.
DATES: Effective Date: April 25, 2015.
ADDRESSES: Please refer to Docket ID NRC-2015-0083 when contacting the
NRC about the availability of information regarding this document. You
may obtain publicly-available information related to this action by the
following methods:
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0083. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For questions about this Order,
contact the individual listed in the FOR FURTHER INFORMATION CONTACT
section of this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly-available documents online in the
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS,
please contact the NRC's Public Document Room (PDR) reference staff at
1-800-397-4209, 301-415-4737, or by email to [email protected]. The
ADAMS accession number for each document referenced (if it available in
ADAMS) is provided the first time that a document is referenced. The
original Notice of Violation and Proposed Imposition of Civil Penalty
can be found in ADAMS under Accession No. ML14324A963.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT: Patricia Lougheed, Region III, U.S.
Nuclear Regulatory Commission, Lisle, Illinois 60532; telephone: 630
810-4376, email: [email protected].
SUPPLEMENTARY INFORMATION: The text of the Order is attached.
Dated at Lisle, Illinois this 27th day of March, 2015.
For the Nuclear Regulatory Commission.
Darrell J. Roberts,
Acting Regional Administrator.
In the Matter of ATC Group Services, Inc. Indianapolis, IN
Docket No. 030-13245
License No. 13-17732-01
EA-13-251
Order Imposing Civil Monetary Penalty
I
ATC Group Services, Inc. (Licensee) is the holder of Materials
License No. 13-17732-01, issued by the U.S. Nuclear Regulatory
Commission (NRC) on December 30, 1977, and last amended January 29,
2014 (Amendment 31). The license authorizes the Licensee to use and
store moisture/density gauges containing radioactive material in
accordance with the conditions specified therein.
II
An inspection of the Licensee's activities was conducted on
December 4, 2013, and an Office of Investigations investigation was
completed August 12, 2014. The results of this inspection and
investigation 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 November 19, 2014. 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 December 14,
2014. In its response, the Licensee disagreed with the NRC assessment
of the safety significance of the violation. Specifically, the Licensee
requested that the violation be deemed a Severity Level IV violation.
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 that, as set forth in the Appendix to this
Order, the violation occurred as stated 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 pays a civil penalty in the amount of $3,500 within 30
days of the date of this Order, 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 Flint North, 11555 Rockville Pike, Rockville, MD 20852-2738.
V
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.
All documents filed in NRC adjudicatory proceedings, including a
request for hearing, a petition for leave to intervene, any motion or
other document filed in the proceeding prior to the submission of a
request for hearing or petition to intervene, and documents filed by
interested governmental entities participating under 10 CFR 2.315(c),
must be filed in accordance with the NRC E-Filing rule (72 FR 49139;
August 28, 2007, as amended by 77 FR 46562, August 3, 2012), codified
in pertinent part at 10 CFR part 2, subpart C. The E-Filing process
requires participants to submit and serve all adjudicatory documents
over the internet, or in some cases to mail copies on electronic
storage media. Participants may not submit paper copies of their
filings unless they seek an exemption in accordance with the procedures
described below.
To comply with the procedural requirements of E-Filing, at least 10
days prior to the filing deadline, the participant should contact the
Office of the Secretary by email at [email protected], or by
telephone at (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
proceeding in which it is participating; and (2) advise the Secretary
that the participant will be submitting a request or petition for
[[Page 18654]]
hearing (even in instances in which the participant, or its counsel or
representative, already holds an NRC-issued digital ID certificate).
Based upon this information, the Secretary will establish an electronic
docket for the hearing in this proceeding if the Secretary has not
already established an electronic docket.
Information about applying for a digital ID certificate is
available on NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/apply-certificates.html. System requirements for accessing
the E-Submittal server are detailed in NRC's ``Guidance for Electronic
Submission,'' which is available on the agency's public Web site at
http://www.nrc.gov/site-help/e-submittals.html. Participants may
attempt to use other software not listed on the Web site, but should
note that the NRC's E-Filing system does not support unlisted software,
and the NRC Meta System Help Desk will not be able to offer assistance
in using unlisted software.
If a participant is electronically submitting a document to the NRC
in accordance with the E-Filing rule, the participant must file the
document using the NRC's online, web-based submission form. In order to
serve documents through Electronic Information Exchange (EIE), users
will be required to install a web browser plug-in from the NRC Web
site. Further information on the web-based submission form, including
the installation of the Web browser plug-in, is available on the NRC's
public Web site at http://www.nrc.gov/site-help/e-submittals.html.
Once a participant has obtained a digital ID certificate and a
docket has been created, the participant can then submit a request for
hearing or petition for leave to intervene through the 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 documents are submitted through the NRC's E-Filing system. To
be timely, an electronic filing must be submitted to the E-Filing
system no later than 11:59 p.m. Eastern Time (ET) on the due date. Upon
receipt of a transmission, the E-Filing system time-stamps the document
and sends the submitter an email notice confirming receipt of the
document. The E-Filing system also distributes an email 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 documents on those 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/petition to intervene is filed so that they
can obtain access to the document via the E-Filing system.
A person filing electronically using the agency's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System
Help Desk through the ``Contact Us'' link located on the NRC Web site
at http://www.nrc.gov/site-help/e-submittals.html, by email at
[email protected], or by a toll-free call at (866) 672-7640. The
NRC Meta System Help Desk is available between 8 a.m. and 8 p.m., ET,
Monday through Friday, excluding government holidays.
Participants who believe that they have a good cause for not
submitting documents electronically must file an exemption request, 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. A presiding officer,
having granted an exemption request from using E-Filing, may require a
participant or party to use E-Filing if the presiding officer
subsequently determines that the reason for granting the exemption from
use of E-Filing no longer exists.
Documents submitted in adjudicatory proceedings will appear in
NRC's electronic hearing docket, which is available to the public at
http://ehd1.nrc.gov/ehd/, unless excluded pursuant to an order of the
Commission, or the 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, unless an NRC
regulation or other law requires submission of such information. 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 submission.
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 the Licensee or 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 Order
should be sustained. In the absence of any request for a 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 this Order is issued 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. If
payment has not been made by the time specified above, the matter may
be referred to the Attorney General for collection. [light face
signature below]
Dated this 27th day of March, 2015.
For the Nuclear Regulatory Commission
Darrell J. Roberts
Acting Regional Administrator Region III
[FR Doc. 2015-07984 Filed 4-6-15; 8:45 am]
BILLING CODE CODE 7590-01-P