[Federal Register Volume 87, Number 200 (Tuesday, October 18, 2022)]
[Notices]
[Pages 63106-63108]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22573]


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NUCLEAR REGULATORY COMMISSION

[EA-21-045; NRC-2022-0168]


In the Matter of Steel City Gamma, LLC

AGENCY: Nuclear Regulatory Commission.

ACTION: Order; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an 
Order to Steel City Gamma, LLC, imposing a civil monetary penalty of 
$25,600. The NRC determined that two willful violations of NRC 
regulations occurred as identified during an investigation by the NRC's 
Office of Investigations that was completed on March 1, 2021. The 
violations involved Steel City Gamma's failure to file for reciprocity 
prior to performing work in NRC jurisdiction and Steel City Gamma's 
performance of licensed activities in NRC jurisdiction without a valid 
NRC or Agreement State license. This order is effective on the date of 
issuance.

DATES: The Order was issued on October 11, 2022.

ADDRESSES: Please refer to Docket ID NRC-2022-0168 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-2022-0168. 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 of 
$25,600 is available in ADAMS under Accession No. ML22208A036.
     NRC's PDR: You may examine and purchase copies of public 
documents, by appointment, at the NRC's PDR, Room P1 B35, One White 
Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. To make 
an appointment to visit the PDR, please send an email to 
[email protected] or call 1-800-397-4209 or 301-415-4737, between 
8:00 a.m. and 4:00 p.m. Eastern Time (ET), 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: October 12, 2022.

    For the Nuclear Regulatory Commission.
Mark D. Lombard,
Director, Office of Enforcement.

Attachment--Order Imposing Civil Monetary Penalty of $25,600

United States of America

Nuclear Regulatory Commission

    In the Matter of: STEEL CITY GAMMA, LLC DAISYTOWN, PENNSYLVANIA

EA-21-045

[[Page 63107]]

Order Imposing Civil Monetary Penalty

I

    Steel City Gamma, LLC (Steel City Gamma) was an industrial 
radiography company located in Pennsylvania. From May 14, 2019, 
until September 2020, Steel City Gamma was authorized under the 
Commonwealth of Pennsylvania radioactive materials license No. PA-
1633 to possess and utilize byproduct material in up to three (3) 
devices for the purposes of industrial radiography. During the 
relevant time periods discussed below, Steel City Gamma did not 
possess a specific license issued by the Nuclear Regulatory 
Commission (NRC) under Title 10 of the Code of Federal Regulations 
(10 CFR) Part 30. However, as an Agreement state licensee, Steel 
City Gamma was authorized to conduct radiography in NRC jurisdiction 
under the general NRC license granted pursuant to 10 CFR 150.20.

II

    U.S. NRC Office of Investigations (OI) initiated an 
investigation on April 21, 2020, to determine whether Steel City 
Gamma deliberately conducted unauthorized and/or unlicensed 
radiography activities within NRC jurisdiction. The investigation 
concluded that two violations of NRC requirements occurred and that 
those violations were willful. During a closed predecisional 
enforcement conference held on February 3, 2022, Steel City Gamma 
acknowledged the violations and stated that it would no longer 
conduct industrial radiography and intended to withdraw the 
application for an NRC license for another company, A & B Testing.
    A written Notice of Violation and Proposed Imposition of Civil 
Penalty (Notice) was served upon Steel City Gamma by letter dated 
March 2, 2022. The Notice stated the nature of the violations, the 
provisions of the NRC's requirements that the Steel City Gamma 
violated, and the amount of the civil penalty proposed for the 
violations. As of the date of this Order, Steel City Gamma has not 
responded to the Notice, paid the civil penalty, or requested more 
time to do so.

III

    Because Steel City Gamma did not response to the Notice, there 
are no additional facts, explanations, or other information to 
consider. The NRC staff has determined that the violations occurred 
as stated in the Notice 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:
    Steel City Gamma shall pay the civil penalty in the amount of 
$25,600 within 30 days of the date of this Order through one of the 
following two methods:
    1. Submit the payment with Civil Penalty Invoice No. EA-21-045 
to the following address: Office of the Chief Financial Officer, 
U.S. Nuclear Regulatory Commission, P.O. Box 979051, St. Louis, MO 
63197, or
    2. Submit the payment in accordance with NUREG/BR-0254, 
``Payment Methods.''
    In addition, at the time payment is made, Steel City Gamma 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

    Steel City Gamma 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 further discussed, 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's 
public 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 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. ET 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 9:00 a.m. and 6:00 p.m., ET, Monday through 
Friday, except Federal 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 previously described, 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 Steel City Gamma requests a hearing, that 
person shall set forth

[[Page 63108]]

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 Steel City Gamma or any other 
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. 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. If payment has not been made by the date the 
provisions of this Order become final, the matter may be referred to 
the Attorney General for collection.

    For the Nuclear Regulatory Commission.

Mark D. Lombard, Director,

Office of Enforcement,

    Dated this 11th day of October 2022.

[FR Doc. 2022-22573 Filed 10-17-22; 8:45 am]
BILLING CODE 7590-01-P