ML20006A247
| ML20006A247 | |
| Person / Time | |
|---|---|
| Site: | 15000033 |
| Issue date: | 01/22/1990 |
| From: | Bechhoefer C Atomic Safety and Licensing Board Panel |
| To: | BASIN TESTING LABORATORY, INC., DBA BASIN SERVICES, NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| References | |
| CON-#190-9711 90-601-01-SC-CI, 90-601-1-SC-CI, EA-88-265, SC-CIVP, NUDOCS 9001260025 | |
| Download: ML20006A247 (7) | |
Text
R
-.f
~, T o
F, m=..
s
[?:271//4-L 00CKETED
~-
USNRC 10 Ju 22 P4 :04 i
^
UNITED STATES OF AMERICA grnCE OF SECRETARY uuChEl tlj((CA NUCLEAR REGULATORY COMMISSION f;
ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
- SERVED JAN 231990 j
Charles Bechhoefer, Chairman Dr. James H. Carpenter-Dr. Richard F.
Cole r
ti In the Matter of Docket No. 15000033-
.SC/CivP BASIN TESTING LABORATORY, INC.
'dba BASIN SERVICES, INC.
SC/CivP General Licensee (10 C.F.R.
E.A.88-265 S 150.20)
January 22, 1990 i
u MEMORANDUM AND ORDER (Proceedings Concerning order Imposing civil Monetary Penalty and Order To Show Cause'Whv License Should Not Be Suspended)
This Licensing Board has been established to preside over'the hearing requested on December 29,1 1989 by Basin 41 Testing Laboratory, Inc. (Licensee) concerning the Order Imposing civil Monetary Penalty and the Order To Show Cause Why License Should Not.Be Suspended, each issued by the NRC
-Staff on December 6, 1989.
The Order' Imposing Civil t
Monetary Penalty was published at 54 Fed. Reg. 51270
'(December 13, 1989).
The Order To Show Cause was published at 54 Fed. Reg. 51272 (December 13, 1989).
t
~The request for a hearing on the Order Imposing Civil Monetary Penalty was timely filed; with respect to the Order L
To Show cause, the Licensee states that it was advised by a 9001260025 900122 PDR STPRO ESGN
,_h 50F I Dn
f
.h J representative.of NRC's Office of Enforcement that-it could
' file its hearing request by December 29, 1989, and it filed by-that date.- Because the Licensee has a right to a hearing on both orders, and because its requests are considered'as timely filed, the Licensee's request for a hearing on both orders is'aranted.
A Notice of Hearing, in the form set forth as Appendix A to'this Memorandum and Order, is being-issued today.
The parties to theseLproceedings are the Licensee and the NRC Staff.
(No other persons have sought to participate
- in response to the invitation set forth in each of the above-cited Federal Register notices.)
As set forth in the i
Order Imposing Civil Monetary Penalty, the issue to be considered at the hearing is whether, on the basis of the a
viol'ations as set forth in the Notice of Violation and Proposed Imposition of Civil Penalty, the Order should be-sustained.
As set forth in the Order To Show Cause, the issue to be considered is whether the Licensee's general license under 10 C.F.R. S 150.20 should be suspended.
The Licensee has filed a response, dated December 29, 1989, to both Staff Orders.
We will permit the Staff, if it wishes to do so, to file a reply to the Licensee's response.
Such reply should be filed by Friday, February 9, 1990.
The Board intends to hold a prehearing conference, in or near1Williston, North Dakota, for the purpose of further defining the issues in the proceeding, establishing
76;J "fe-e q' h '
f'
-3 y
discovery schedules,'and dealing with other matters bearing I
.on the evidentiary hearing.- The conference will likely be held during March, 1990, at a time and place to be announced-I in a later order.
By February 23, 1990, each party is
' nvited to file (mail) a. proposed agenda.
i c
As background for our consideration of issues in this proceeding, we request the Staff, by February 23, 1990, to 1
provide the. Board (and the Licensee if it.has not already received these documents) with copies of the reports of the r
inspections of September 1 and October 5-6, 1988, the Notice of Violation and Proposed Imposition of Civil Penalty, dated
- i
-January 19,.1989, and the Licensee's response thereto, dated February 22,-1989 (all of which are referenced in both Orders),: and Report of Investigation 4-89-006, dated July, 1989 (referenced in the Show-Cause Order).
By the same date, the Licensee is requested to provide the Board and NRC Staff: with readable copies of page 2 of the North Dakota l
k LInspection Report dated July 19, 1988 (Attachment 5 to the December 29, 1989 response to the two Staff Orders).
i=
FOR THE-ATOMIC SAFETY AND LICENSING BOARD
>]lw Charles Bechhoefer, Chc% wan ADMINISTRATIVE JUDGE Bethesda,~ Maryland January 22, 1990
7; r
.n
.:y r
or APPENDIX A UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 1'
ATOMIC' SAFETY AND LICENSING BOARD Before Administrative Judges:
Charles Bechhoefer, Chairman l
Dr. James H. Carpenter l
Dr. Richard.F. Cole j
.In the Matter.of Docket No. 15000033-SC/CivP BASIN TESTING LABORATORY, INC.
dba BASIN SERVICES,-INC.
SC/CivP
}
General Licensee (10 C.F.R.
E.A.88-265 l
S 150.20)
January 22, 1990 NOTICE OF HEARING Notice is hereby given that, by Memorandum and Order
]
dated January 22,11990,'the Atomic Safety and Licensing l
Board for these proceedings has granted'the request of Basin j
l Testing Laboratory, Inc., dba Basin Services, Inc.
.l 4
'(Licensee).for a hearing in the above-titled enforcement i,
proceedings.. The hearing concerns the Order Imposing Civil Monetary Penalty, issued by the NRC' Staff on December 6, i
1989 (54 Fed. Reg. 51270, December 13, 1989), and the Order To Show Cause Why License Should Not Be Suspended, also issued by the NRC Staff on December 6, 1989 (54 Fed. Reg. 51272, December 13, 1989).
The parties to each of the proceedings are the Licensee and the NRC Staff.
The issues to'be considered at the hearing are (1) whether, on the u
2
I (k
. e t'
4 s..
Lbasis of'the violadions as set forth in the Notice of Violation and Proposed Imposition of Civil. Penalty, the Order Imposing Civil Monetary Penalty should be sustained, and (2) whether, on the basis of the matters set forth in the Order To Show cause, the Licensee's general license under 10 C.F.R.
S 150.20 should be suspended.
For further-information concerning these proceedings, see'the Order Imposing Civil Monetary Penalty and Order To
.Show Cause, each cited above; and'the Notice of Violation and Proposed Imposition of Civil Penalty, dated January 19, 1989.
Materials 1concerning these proceedings are on file at the Commission's Public Document Room, 2120 L Street N.W.,
Washington D.C.
20555, and at the Commission's Region.IV Office,EParkway Central Plaza Building, 611 Ryan Plaza Drive, Suite 1000, Arlington, Texas 76011.
-During.the course of these proceedings, the Licensing fBoard wil'1 conduct one or more prehearing conferences and, as necessary, evidentiary hearing sessions.
The time and place of these sessions will be announced in later Licensing Board orders.
Members of the public will be entitled to attend these sessions.
Persons who are not parties to the proceedings are invited to submit limited appearance statements, either in writing or orally, with regard to the Order Imposing Civil Penalty and the Order To Show Cause, as permitted by 10 C.F.R. S 2.715(a).
These statements do not constitute l
imo y+ :.:
n E.c
-3 r
ir testimony or evidence in these proceedings, but may help the Board and/or parties in their deliberations as to the proper boundaries of the issues to be considered.
During'certain prehearing conference and/or evidentiary hearing sessions, such persons will.be afforded'the opportunity to make oral-limited appearance statements.
Written statements,.or requests to-make oral statements, should be submitted to the Secretary, U.S. Nuclear Regulatory Commission, Washington-D.C.
20555, Attention:
Docketing and Service Branch.
A copy of such statement or request should also be served on the Chairman of this Atomic Safety and. Licensing Board, EWW/439, U.S.. Nuclear Regulatory Commission, Washington D.C.
20555.
FOR THE ATOMIC SAFETY AND LICENSING BOARD Charles Bechhoefer, Chairman ADMINISTRATIVE JUDGE Bethesda, Maryland January 22, 1990 t
jg y 2
-I f
UNITED: STATES OF AMERICA 4
NUCLEAR RESULATORY COMMISSION in the' Matter of' l
i BASIN 1 TESTING LABORATORY, INC.
1 Docket No.(s) 15000033-SC/CIVP i
DBA BASIN SERVICES, INC.
1 (General-Licensee (10 CFR 150.20) i E.A.80-265) 1 I
CERTIFICATE OF SERVICE
'I hereby certify that copies of the foregoing LB H&O DTD 1/22 (PROCEED....)
nave been served upon the.following persons by U.S. mail, first class, except
'as otherwise noted and in accordance with'the requirements of 10'CFR Sec. 2.712.
AtchicSafetyandLLicensingAppeal Administrative Judge-Board Charles Bechhoefer, Chairman s.S.
Nuclear Regulatory Commission Atomic Safety-ana Licensing Board Washington,'DC 20555 U.S. Nuclear Regulatory Commission Washington, DC 20555' administrative Judge Administrative Judge James H. Carpenter Richard F. Cole Atomic Safety and Licensing Board Atomic Safety and Licensing Board ctJ.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission
-Washington, DCJ 20555 Washington, DC 20555 Robert W.-Harms Esquire Office of the. General Counsel Harms Law Offices, Ltd.
U.S. Nuclear Regulatory Commission 501 E. Broadway, Suite 100, P.O.BX 1192
- Lashington, DC 20555 Williston, ND 58802 Dated'at Rockville, Md.1this 23' day of January 1990 Ufiic ~i~the'S$criiir~yoi~ih5~Com$i$$ Ion
~
~
o B
1 t
1 i