ML19294C695
| ML19294C695 | |
| Person / Time | |
|---|---|
| Issue date: | 09/05/1980 |
| From: | Miller W NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | WYLER SALES CORP. |
| References | |
| NUDOCS 8009170370 | |
| Download: ML19294C695 (3) | |
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,n' UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
)
Wyler Sales Corporation
)
Byproduct Material 315 Park Avenue South New York, New York 10010
)
License 31-18366-01E ORDER TO SHOW CAUSE I
Wyler Sales Corporation, 315 Park Avenue South, New York, New York 10010
("the licensee") is the holder of Byproduct Material License 31-18366-01E
("the license") issued by the Nuclear Regulatory Commission ("the Commission").
The license authorizes the distribution of byproduct material under certain conditions specified therein. This license was originally issued on December 22, 1978.
The, esent expiration date of the license is January 31, 1984.
II On October 24, 1979, the licensee's activities authorized by License 31-18366-01E and located at 315 Park Avenue South, New York, New York, were inspected by a representative (s) of the NRC Office of Inspection and Enforcement for health and safety purposes.
On February 11, 1980, the Commission sent Invoice 1155M to the licensee requesting payment within 30 days of the inspection fee of $390 required by 10 CFR 170 of the Commission's regulations.
A second notice of payment due, togetiler with a Notice of Violation, was sent to the licensee on March 26, 1980.
A final notice of payment due was sent to the licensee on April 21, 1980. On June 3 and July 9,1980, the Jewelers Board of Trade, on behalf of the 8 0 0 917 c370
4 licensee, wrote to the Commission indicating that the licensee was in financial difficulty and that full payment of debts owed to creditors was unlikely.
On July 17, 1980, the Commission responded to the Jewelers Board of Trade indicating that under the provisions of 4 CFR 102.9 the Commission could accept an installment payment plan for the outstanding license fee and that such a plan should be submitted to the Commission within 30 days from the date of the Commission's July 17, 1980 letter.
The Commission also indicated in its letter that, upon failure to submit an installment payment plan, the Commission would be obligated to implement proceedings leading to revocation of License 31-18366-01E.
No installment payment plan has been filec with the Commission by the licensee or the Jewelers Board of Trade.
To date the fee required by Part 170 has not been paid by the licensee.
III In view of the foregoing and pursuant to the Atomic Engergy Act of 1954, as amended, and the regulations in 10 CFR Parts 2, 30, and 170, IT IS HEREBY ORDERED THAT:
1.
The licensee show cause, in the manner hereinafter provided, why License 31-18366-01E should not be revoked permanently.
The licensee may, within twenty days of the date of receipt of this Order, file a written answer to this Order and may also request a hearing within said twenty-day period. Any answer filed shall specifically admit or deny such allegation made in Section II above, and may set forth the matters of fact and law upon which tne licensee relies.
If a hearing is requested,
. the Commission will issue an Order designating the time and place of hearing.
Upon failure of the licensee to file an answer within the time specified, the Director of Administration or the undersigned will, without further notice, issue an Order revoking License 31-18366-01E.
In lieu of filing an answer to this Order, the licensee may pay the prescribed inspection fee within twenty days of the date of receipt of this Order.
In the event the licensee remits the required fee within said twenty-day period, the Nuclear Regulatory Commission will issue an Order terminating this proceeding. Otherwise, the foregoing procedure for revocation of the license shall be followed.
FOR THE NUCLEAR REGULATORY COMMISSION i
\\
e William O. Miller, Chief License Fee Management Branch Office of Administration Dated at Bethesda, Marygla d -
5 this f p day of % M " M ' '7 Copy to: The Jewelers Board of Trade Attn:
Ron W. Dean Adjustment Department Manager P.O. Box 6928 Providence, Rhode Island 02940 For Information CERTIFIED MAIL RETURN RECEIPT REQUESTED