ML20023A451
| ML20023A451 | |
| Person / Time | |
|---|---|
| Issue date: | 02/18/2020 |
| From: | David Alley NRC/NMSS/DMSST/MSLB |
| To: | Erdle J Harrison Reed |
| Herrera T | |
| References | |
| Download: ML20023A451 (3) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 February 18, 2020 Mr. Jesse Erdle, President Harrison Reed Inc.
333 Los Olas Way, CU #1 Fort Lauderdale, FL 33301
SUBJECT:
ACTION DENYING APPLICATIONS WITHIN 20 DAYS BASED ON NONPAYMENT OF CIVIL PENALTY
Dear Mr. Erdle:
This letter is in reference to Harrison Reed Inc.s applications dated January 30, 2017. Your applications requested an exempt distribution license and a sealed source and device registration certificate for gun sights containing hydrogen-3 (tritium).
On August 8, 2019, the U.S. Nuclear Regulatory Commission (NRC) issued a Notice of Violation and Proposed Imposition of Civil Penalty (Notice) addressed to you, as the CEO and President of Dead Ringer, LLC for three willful violations: (1) the initial transfer, for sale or distribution, of gun sights containing tritium, prior to obtaining an NRC license for such activity pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Sections 30.3, 30.19, and 32.22; (2) the failure to request an evaluation for a sealed source or device pursuant to 10 CFR 32.210; and (3) the import of byproduct material (tritium) into the United States without having the required license for possession of the material containing byproduct material, issued by the Agreement State (New York) or the NRC, pursuant to 10 CFR 110.5, 110.9a, 110.20(a), and 110.27(a). On October 22, 2019, due to your failure to take any action to address the Notice, the NRC issued you an Order to impose a civil monetary penalty. Pursuant to the Order, you were required to pay a civil penalty in the amount of $43,500 no later than November 11, 2019.
As of November 12, 2019, you failed to pay the civil penalty, and on November 14, 2019, the matter was referred to the NRCs Office of Chief Financial Officer for collection. As of the date of this letter, the civil penalty has not been paid as required by the Order. In the cover letter transmitting the Order, you were informed that pursuant to 10 CFR 15.29, the Commission may not consider an application for a license from an individual or entity unless all previous delinquent debts of the individual or entity to the NRC have been paid in full.
Additionally, on August 8, 2019, the NRC also issued a Notice of Violation to you, as an individual, for engaging in deliberate misconduct, which placed Dead Ringer, LLC in violation of the requirements stated above. In the cover letter transmitting the Notice of Violation, you were informed that if any application is submitted for NRC-licensed activities by you, on your behalf, or would include your involvement, you may be required to provide a detailed discussion of how the NRC would be confident that these issues would not recur.
As the President of Harrison Reed Inc. and as discussed in the paragraphs above, for the NRC to continue its review of your Harrison Reed Inc. applications, you must provide the following within 20 days from the date of this letter:
J. Erdle 2
- 1.
Written documentation of payment of the civil penalty, and
- 2.
A detailed discussion of how the NRC would be confident that the issues identified in NRCs letter and Notice of Violation issued to you, dated August 8, 2019, would not recur.
Please note that failure to complete the aforementioned items will result in the denial of your January 30, 2017, applications.
Sincerely,
/RA/
David Alley, Chief Materials Safety and Tribal Liaison Branch Division of Materials Safety, Security, State, and Tribal Programs Office of Nuclear Material Safety and Safeguards
ML20023A451 OFFICE NMSS/MSST NMSS/MSEB OGC NMSS/MSST NAME THerrera SHoliday AGendelman Via Email DAlley DATE 01/23/2020 01/23/2020 02/13/2020 02/18/2020