[Federal Register Volume 88, Number 116 (Friday, June 16, 2023)]
[Notices]
[Pages 39484-39486]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12988]
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NUCLEAR REGULATORY COMMISSION
[EA-20-123; NRC-2023-0103]
In the Matter of APINDE Inc.
AGENCY: Nuclear Regulatory Commission.
ACTION: Order; modification.
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SUMMARY: On May 11, 2023, the NRC staff issued an Order revoking APINDE
Inc's NRC license, effective 30 days from the date of the Order, due to
a determination that the license was issued based on inaccurate
information and in consideration that APINDE Inc. does not have a
qualified Radiation Safety Officer (RSO). The license has been
suspended since August 22, 2019, when the NRC staff, through an
investigation by the NRC's Office of Investigations, first identified
sufficient cause that the license had been issued based on inaccurate
information and that APINDE Inc's RSO was not qualified. In a September
10, 2019, letter, the APINDE Inc. President/CEO acknowledged errors in
the license application and stated that corrective actions would be
taken. Beyond this written response, APINDE Inc. did not take any steps
to restore the requisite reasonable assurance that operations could be
conducted in compliance with the Commission's requirements and that the
health and safety of the public would be protected.
DATES: The Order was issued on May 11, 2023.
ADDRESSES: Please refer to Docket ID NRC-2023-0103 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-2023-0103. 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 Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, 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 is available in ADAMS) is provided the first
time that it is mentioned in this document.
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
a.m. and 4 p.m. eastern time (ET), Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Marjorie McLaughlin, Region I, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone:
610-337-5240; email: [email protected].
SUPPLEMENTARY INFORMATION: The text of the Order is attached.
Dated: June 8, 2023.
For the Nuclear Regulatory Commission.
Raymond K. Lorson,
Regional Administrator, NRC Region I.
Nuclear Regulatory Commission
In the Matter of: APINDE Inc., Huntington, West Virginia, Docket No.
03039133, License No. 47-35507-01, EA-20-123
Order Revoking License
I
APINDE Inc. (APINDE or Licensee) is the holder of Materials License
No. 47-35507-01, issued by the Nuclear Regulatory Commission (NRC or
Commission) pursuant to Part 30 of Title 10 of the Code of Federal
Regulations (10 CFR). The license authorizes possession and use of
iridium-192 in sealed sources for use in industrial radiography
operations and depleted uranium for use as shielding. The Licensee is
located in Huntington, West Virginia, but the license also authorizes
the company to perform work at temporary jobsites in all areas within
NRC jurisdiction. The license, originally issued on January 9, 2019,
has an expiration date of January 31, 2034.
II
In early 2019, the NRC Office of Investigations (OI) initiated an
investigation, in part, to evaluate whether APINDE representatives had
forged various documents in the license application related to the
training and qualifications of the individual designated as the
Radiation Safety Officer (RSO). Upon partial completion of the
investigation, it was determined that the NRC had issued a license to
APINDE based on inaccurate information from the applicant regarding the
qualifications of the RSO, and that APINDE lacked a qualified RSO.
Namely, in the initial license application dated October 10, 2018
(ML18297A261; nonpublic because it contains security-related
information),\1\ and in a related correspondence dated November 26,
2018 (ML18347A473; nonpublic because it contains security-related
information), APINDE submitted an inaccurate training certificate and
inaccurate information regarding the
[[Page 39485]]
recent radiography experience for the individual proposed to be named
on the license as the RSO. Additionally, in a subsequent license
amendment request dated June 12, 2019 (ML19178A216; nonpublic because
it contains security-related information), APINDE requested to name a
new RSO on the license but submitted an inaccurate training certificate
for this individual as well.
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\1\ Designation in parentheses refers to an Agency-wide
Documents Access and Management System (ADAMS) accession number.
Unless otherwise noted, documents referenced in this letter are
publicly-available using the accession number in ADAMS.
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The NRC staff determined that there was sufficient cause to suspend
APINDE's license to prevent the company from obtaining/using licensed
material due to the license having been issued based on inaccurate
information and APINDE maintaining a radiography license without a
qualified RSO. Consequently, on August 22, 2019, the NRC issued an
Order Suspending APINDE's NRC license (ML19234A068) based on the lack
of reasonable assurance that APINDE's operations could be conducted in
compliance with the Commission's requirements and that the health and
safety of the public would be protected. In response to the suspension,
APINDE submitted a written response (ML19263C669), signed by APINDE's
President/Chief Executive Officer (CEO), acknowledging the errors in
the application and stating that APINDE would take corrective actions.
Beyond this written response, APINDE did not take any steps to restore
the requisite reasonable assurance that operations could be conducted
in compliance with the Commission's requirements and that the health
and safety of the public would be protected.
OI continued the investigation. After reviewing the investigation,
the NRC staff concluded that APINDE provided inaccurate statements to
the NRC in the initial APINDE license application about the recent
radiography experience for the individual proposed to be the RSO and
had provided an inaccurate training certificate for required RSO
training. Additionally, in a subsequent license amendment request,
APINDE requested NRC approval to name a new RSO on the license, but
submitted an inaccurate training certificate for this individual as
well. On March 19, 2019, the NRC conducted an inspection and verified
APINDE did not possess any licensed material at their facility or at
any other location. On December 31, 2022, the State of West Virginia
annulled APINDE's corporate status.
III
Given that the license was issued to APINDE based on inaccurate
information and that APINDE still lacks a qualified RSO, the NRC staff
is revoking APINDE's NRC license, effective 30 days from the date of
this Order. Unless good cause is otherwise given within 30 days of the
date of revocation, the staff will terminate the license.
IV
Accordingly, pursuant to Sections 81, 161b, 161c, 161i, 161o, 182,
and 186 of the Atomic Energy Act of 1954, as amended, and the
Commission's regulations in 10 CFR 2.202, 170.41, 171.23, and 10 CFR
part 30, it is hereby ordered that:
A. License No. 47-35507-01 is revoked, effective 30 days from the
date of this Order.
B. After the license is revoked, the former Licensee may not resume
previously-licensed operations until:
a. the former Licensee has applied for and been issued a new
license under 10 CFR part 30; and
b. any debts to NRC, including the fee for the new license, have
been paid in full.
C. License No. 47-35507-01 will be terminated by the Commission
unless good cause for not terminating the license is provided within 30
days of license revocation.
The Director, Office of Enforcement, may relax or rescind, in
writing, any of the above conditions upon a showing by the Licensee of
good cause. A request for modification of the above conditions shall be
submitted to the Director, Office of Enforcement, with a copy to the
Regional Administrator, NRC Region I, in writing and under oath or
affirmation and must be received within 30 days from the date of this
Order.
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. The answer shall be in writing
and under oath or affirmation, and shall specifically admit or deny
each allegation or charge made in this Order. The answer shall set
forth the matters of fact and law on which the Licensee or other person
adversely affected relies and the reasons as to why this Order should
not have been issued.
Any answer shall be submitted to the Secretary, U.S. Nuclear
Regulatory Commission, ATTN: Chief, Rulemakings and Adjudications
Staff, Washington, DC 20555-0001. Copies shall also be sent to the
Director, Office of Enforcement, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001; the Assistant General Counsel for Security
and Enforcement at the same address; the Regional Administrator, NRC
Region I, 475 Allendale Rd., Suite 102, King of Prussia, PA 19406-1415,
and to the Licensee if the answer is by a person other than the
Licensee.
In addition, the Licensee and any other persons 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 request a hearing. A request for extension of
time must be made in writing to the Director, Office of Enforcement,
and include a statement of good cause for the extension. If a person
other than the Licensee requests a hearing, that person shall set forth
with particularity the manner in which his or her interest is adversely
affected by this Order and shall address the criteria set forth in 10
CFR 2.309(d) and (f).
If the Licensee or a person whose interest is adversely affected
requests a hearing, 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.
A request for hearing must be filed in accordance with the NRC E-
Filing rule, which became effective on October 15, 2007. The NRC E-
Filing Final Rule was issued on August 28, 2007, (72 FR 49,139) and
codified in pertinent part at 10 CFR part 2, subpart C. The E-Filing
process requires participants in adjudicatory proceedings 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 an exemption in accordance
with the procedures described below.
To comply with the procedural requirements associated with E-
Filing, at least five (5) days prior to the filing deadline the
requestor must contact the Office of the Secretary by email at
[email protected], or by calling (301) 415-1677, to request (1) a
digital identification (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).
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 also is available on NRC's public website
at https://www.nrc.gov/
[[Page 39486]]
site-help/e-submittals/apply-certificates.html.
Once a requestor has obtained a digital ID certificate and
downloaded the EIE viewer, and a docket has been created, the requestor
can then submit a request for a hearing through the EIE. Submissions
should be in Portable Document Format (PDF) in accordance with NRC
guidance available on the NRC public website at https://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the
time the filer submits its document through the EIE.
To be timely, electronic filings 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 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
document 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 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 though the ``Contact Us'' link
located on the NRC website at https://www.nrc.gov/site-help/e-submittals.html or by calling the NRC Electronic Filing Help Desk,
which is available between 8 a.m. and 8 p.m., ET, Monday through
Friday, excluding government holidays. The toll-free help line number
is (866) 672-7640. A person filing electronically may also seek
assistance by sending an email to the NRC Electronic Filing Help Desk
at [email protected].
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
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, ATTN:
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, MD
20852, ATTN: 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
https://adams.nrc.gov/ehd, 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, 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 submissions.
VI
In the absence of a request for hearing, or written approval of an
extension of time in which to request a hearing, License No. 47-35507-
01 shall be revoked and all other provisions in Part III of this Order
shall be final within 30 days of the date of this Order without further
order or proceedings. If an extension of time for requesting a hearing
has been approved, the provisions in Part V shall be final when the
extension expires if a hearing request has not been received.
VII
Pursuant to 10 CFR 15.29, the Commission may not consider an
application for a new license unless all of the applicant's delinquent
debts to the NRC have been paid in full.
Failure to meet the requirements of this Order may subject the
Licensee and its agents to civil penalties and criminal sanctions.
For the Nuclear Regulatory Commission.
/RA/
David L. Pelton,
Director, Office of Enforcement.
Dated at Rockville, Maryland, This 11th day of May, 2023.
[FR Doc. 2023-12988 Filed 6-15-23; 8:45 am]
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