ML20034H550
| ML20034H550 | |
| Person / Time | |
|---|---|
| Issue date: | 11/03/1981 |
| From: | Fitzgerald J NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | |
| Shared Package | |
| ML18058B973 | List: |
| References | |
| FOIA-92-436 SECY-81-627, SECY-81-627-01, SECY-81-627-1, NUDOCS 9303180284 | |
| Download: ML20034H550 (5) | |
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SECY-81-627 November 3, 1981 i
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v ADJUDICATORY ISSUE (Affirmation)
For:
The Commission From:
James A.
Fitzgerald Assistant General Counsel
Subject:
ISSUANCE OF NOTICE OF HEARING IN CIVIL PENALTY ACTION Facility:
Met Lab, Inc., Hampton, Virginia Purcose:
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-On August 14 the. Office of Inspection Discussion:
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'and' Enforcement imposed a 53,000 civil penalty against Met Lab, Hampton, Virginia.
A description of the cited a
infractions is found in the enforcement notice (Attachment 1).
That order provided the licensee an opportunity to i
request.a hearing.
The licensee availed itself of this opportunity on September 11..We have consulted with~
the Chief Administrative Judge of the Licensing Board Panel for designation of the Administrative Law Judge and provide for your approval a staff-proposed Notice of Hearing (Attachment 2).
In Contact-Mark E. Chopko, GC X-43224 Information in this record was defe:ed
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m accordance with the Fredom d Mo%
Act, exemptions FOIA.__ff-fft
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9303180284 921207 1
-436 PDR
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Recommendation:
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Fitzgerald Assistant General Counsel Attachments:
. 1.
EN-81-19A 2.
Proposed Notice of Hearing DISTRIBUTION Commissioners Comission Staff Offices Exec Dir for Operations Exec Legal Director ASLBP ASLAP Secretariat Commissioners' comments or consent should be provided directly to the Office of the Secretary by c.o.b. Friday, November 20, 1981.
Commission Staff Office comments, if any, should be submitted to the Commissioners NLT November 13, 1981, with an information copy to the Office of the Secretary.
If the paper is of such a nature that it requires additional time.forzanalytical review and comment, the Commissioners and the Secretariat should be apprised of when comments may be expected.
This paper is tentatively scheduled for affirmation at an open meeting during the week of November 23, 1981.
Please refer to the appropriate Weekly Com:nission Schedule, when published, for a specific date and time.
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Au;ust 14.- 1951 OFFICE OF INSPECTION AND ENFORCEMENT
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g NOTIFICATION OF S]GNIFICANT ENFORCEMENT ACTION.
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EN-(1-19A
.i Licensee: Met Lab Incorporated, Hampton, Virginia 55 6
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License No. a5-09963-01 Subiect:
IMPOSITION OF CIVIL PENALTIES - 53,000 By EN-SI-19, dated June 1,1981, the Commission was notified of the intent of IE to issue a Notice of Violation and Preposed Imposition of Civil Penalties in the amount of Four Thousand Dollars to Met Lab. Incorporated.
The proposed penalties were based on alleged violations relating to radiation exposure to a radiographer in excess of NRC limits, and failure to have the film badge inmediately processed after his pocket dosimeter distnarged beyond its range during tne conduct of radiographic operations.
Four other violations not related to the overexposure were also found for which no civil penalties were prcposed.
The licensee responded to the Notice in a letter, with enclosures, dated July 3, 1981.
After censideration of the licensee's response, the IE Staff concluded that all but ene violation did cccur and no adequate reasons were given fcr
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mitigation er remission of the civil penalties, except for one violation that was mitigated by one-half (failure of the radiographer to report that his pocket dosimeter had discharged beycnd its range by active concealment of this fact to the licensee). Mitigation of this item was based on limited management involvement or respcnsibility for its occurrence.
One other violatien not assessed a civil penalty was withdrawn (the item associated with failure to maintain records of internal inspection of radiographic cperations).
Accordingly, an Orcer Imposing Civil Penalties in the amount of Three Thousand Dollars has been issued today.
The licensee and the State of Virginia are being informed by telephone.
Since this r,atter was the subject cf a news release at the tim'e the civil penalty was proposed, no news release will be made at this time.
L'nder the terms of the Order, the licensee may, within 30 days of the date o' the Order, pay the civil penelties er request a hearing.
Contact:
J. Metzger, IE 24941 R. Wessman, IE 24900 D. Thompson, IE 24909 Distribution:
TransmittedH.St__$/f/h/
Cnai rman Palladino Commissioner AhearhE C. C. Karnerer, CA Commissioner Gilinsky Commissioner Roberts ACRS Conmissioner Bradferd S. J. Chilk, SECY Acting Director, PE MNBE:__hhf)[)
Phillips:
IE:HQ W. J. Dircks, EDO H. R. Denten, NRR C. Michelson, AECD R. H. Vollmer, NRR Landow:
J. J. Foucha rd, PA T. E. Murley, NRR J. J. Cummings, DIA H. S. Sassett, MPA R. Mattson, NRR H. K. Shapar, ELD D. Eisenhut, NRR Air Rights:
S. H. Hanauer, NRR G. W. Kerr, S?
Recional Directcrs RI RII Willste:
Mail RIII J. G. Davis, kMSS Cocument H;t. Er. (FDR)
RIV R. Minogue, RES S. Ebbin, NSOC RV C/ R DI S t. CMM. LMK3 Ft b' '^-
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SECY. HIST. RECORDS.
)T FOR PUBLIC disci _05URE UNTIL August 14,195i e
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