[Federal Register Volume 86, Number 108 (Tuesday, June 8, 2021)]
[Notices]
[Pages 30501-30503]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-12009]
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NUCLEAR REGULATORY COMMISSION
[EA-20-084; NRC-2021-0115]
In the Matter of CampCo Incorporated
AGENCY: Nuclear Regulatory Commission.
ACTION: Order; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an
Order to CampCo, Inc., imposing a civil penalty of $75,000. On February
11, 2021, the NRC issued a Notice of Violation and Proposed Imposition
of Civil Penalty--$75,000 to CampCo, Inc., for failing to comply with
regulatory requirements regarding the import and distribution of
watches containing radioactive material.
DATES: The Order imposing civil monetary penalty of $75,000 was issued
on June 3, 2021.
ADDRESSES: Please refer to Docket ID NRC-2021-0115 when contacting the
NRC about the availability of information regarding this document. You
may obtain publicly available information related to this document
using any of the following methods:
Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2021-0115. Address
questions about Docket IDs in Regulations.gov to Stacy Schumann;
telephone: 301-415-0624; email: [email protected]. For technical
questions, 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 Document collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS
Search.'' For problems with ADAMS, 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 Order imposing civil monetary penalty is
available in ADAMS under Accession No. ML21139A318.
Attention: The PDR, where you may examine and order copies
of public documents, is currently closed. You may submit your request
to the PDR via
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email at [email protected] or call 1-800-397-4209 or 301-415-4737,
between 8:00 a.m. and 4:00 p.m. (EST), Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Leelavathi Sreenivas, Office of
Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
001; telephone: 301-287-9249, email: [email protected].
SUPPLEMENTARY INFORMATION: The text of the Order is attached.
Dated: June 3, 2021.
For the Nuclear Regulatory Commission.
Anton Vegel,
Acting Director, Office of Enforcement.
Attachment--Order Imposing Civil Monetary Penalty
United States of America Nuclear Regulatory Commission
In the Matter of CAMPCO, INC. LOS ANGELES, CALIFORNIA
Docket Number: 03036619
License Number: 04-23910-01E
EA-20-084
Order Imposing Civil Monetary Penalty
I
CampCo, Inc. (Licensee) is the holder of Materials License No. 04-
23910-01E issued by the U.S. Nuclear Regulatory Commission (NRC or
Commission) pursuant to Part 30 of Title 10 of the Code of Federal
Regulations (10 CFR). The license was initially issued on October 12,
2004, and Amendment No.5 was issued on October 22, 2018. The license
authorizes distribution of watches containing radioactive material
(hydrogen-3, also known as tritium) to unlicensed persons in accordance
with the conditions specified in the license. The Licensee facility is
currently located in Los Angeles, California.
II
U.S. Nuclear Regulatory Commission's (NRC's) Office of
Investigations initiated an investigation on June 20, 2017, and the NRC
staff initiated an inspection at the Licensee's facility in Los
Angeles, California, on May 11, 2017, with subsequent records review,
conducted from May 11, 2017, to September 3, 2020. The purpose of the
investigation and inspection was to examine activities conducted under
the license and to verify the Licensee's compliance with the
Confirmatory Order Modifying License, dated June 20, 2016, issued under
previous Enforcement Action EA-14-080.
The results of the investigation and inspection indicated that the
Licensee had not conducted its activities in full compliance with NRC
requirements. The NRC determined that nine violations of NRC
requirements occurred, involving multiple failures (including several
repeat failures from EA-14-080) to comply with the license and
regulations, failure to provide complete and accurate information to
the NRC, and failure to comply with the Confirmatory Order.
A written Notice of Violation and Proposed Imposition of Civil
Penalty (Notice) was served upon the Licensee by letter dated February
11, 2021. 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 violations.
The Licensee responded to the Notice in a letter dated March 8,
2021. In its response, the Licensee stated that they believed the civil
penalty was not consistent with NRC policy and not justified by the
violations that occurred.
III
After consideration of the Licensee's response and the statements
of fact, explanation, and argument for mitigation contained therein,
the NRC staff has, as set forth in the Appendix to this Order,
determined that the violations occurred as stated and that the penalty
proposed for the violations identified 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 $75,000 within 30
days of the date of this Order, in accordance with NUREG/BR-0254,
``Payment Methods.'' (https://www.nrc.gov/reading-rm/doc-collections/nuregs/brochures/br0254/index.html). 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, ``Orders,'' the Licensee must, and
any other person adversely affected by this Order may, submit an answer
to this Order within 30 days of the date of the Order. In addition, the
Licensee and any other person adversely affected by this Order may
request a hearing on this Order within 30 days of the date of the
Order. 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
documents filed by an interested State, local governmental body,
Federally recognized Indian Tribe, or designated agency thereof that
requests to participate under 10 CFR 2.315(c), must be filed in
accordance with 10 CFR 2.302. 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,
unless an exemption permitting an alternative filing method, as
discussed below, is granted. Detailed guidance on electronic
submissions is located in the Guidance for Electronic Submissions to
the NRC (ADAMS Accession No. ML13031A056) and on the NRC website at
https://www.nrc.gov/site-help/e-submittals.html.
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 (1) request a digital identification (ID)
certificate, which allows the participant (or its counsel or
representative) to digitally sign submissions and access the E-Filing
system for any proceeding in which it is participating; and (2) advise
the Secretary that the participant will be submitting a petition or
other adjudicatory document (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 proceeding if the
Secretary has not already established an electronic docket.
Information about applying for a digital ID certificate is
available on the NRC's public website at https://www.nrc.gov/site-help/e-submittals/getting-started.html. After a digital ID certificate is
obtained and a docket created, the participant must submit adjudicatory
documents in Portable Document Format. Guidance on submissions is
available on the NRC's public website at https://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is considered complete at the
time the document is submitted through the
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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
on the due date. Upon receipt of a transmission, the E-Filing system
time-stamps the document and sends the submitter an email confirming
receipt of the document. The E-Filing system also distributes an email
that provides access to the document to the NRC's 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 participants separately. Therefore,
applicants and other participants (or their counsel or representative)
must apply for and receive a digital ID certificate before adjudicatory
documents are filed to obtain access to the documents via the E-Filing
system.
A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC's Electronic
Filing Help Desk through the ``Contact Us'' link located on the NRC's
public website at https://www.nrc.gov/site-help/e-submittals.html, by
email to [email protected], or by a toll-free call at 1-866-672-
7640. The NRC Electronic Filing Help Desk is available between 9 a.m.
and 6 p.m., Eastern Time, Monday through Friday, excluding government
holidays.
Participants who believe that they have 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
stating why there is good cause for not filing electronically and
requesting authorization to continue to submit documents in paper
format. Such filings must be submitted in accordance with 10 CFR
2.302(b)-(d). Participants filing adjudicatory documents in this manner
are responsible for serving their documents on all other participants.
Participants granted an exemption under 10 CFR 2.302(g)(2) must still
meet the electronic formatting requirement in 10 CFR 2.302(g)(1),
unless the participant also seeks and is granted an exemption from 10
CFR 2.302(g)(1).
Documents submitted in adjudicatory proceedings will appear in the
NRC's electronic hearing docket, which is publicly available at https://adams.nrc.gov/ehd, unless excluded pursuant to an order of the
presiding officer. If you do not have an NRC-issued digital ID
certificate as described above, click ``cancel'' when the link requests
certificates and you will be automatically directed to the NRC's
electronic hearing dockets where you will be able to access any
publicly available documents in a particular hearing docket.
Participants are requested not to include personal privacy information
such as social security numbers, home addresses, or personal 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
should not include copyrighted materials in their submission.
If a person other than CampCo, Inc. 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 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), CampCo, Inc. 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 on the ground that the Order 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 this Order is
published in the Federal Register 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.
Dated this 3rd day of June 2021.
For the Nuclear Regulatory Commission
Anton Vegel,
Acting Director, Office of Enforcement.
[FR Doc. 2021-12009 Filed 6-7-21; 8:45 am]
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