ML20035B744
| ML20035B744 | |
| Person / Time | |
|---|---|
| Issue date: | 03/30/1993 |
| From: | Davis A NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| To: | |
| Shared Package | |
| ML20035B740 | List: |
| References | |
| REF-QA-99990003-930330 EA-93-048, EA-93-48, NUDOCS 9304050062 | |
| Download: ML20035B744 (3) | |
Text
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NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY r
Standard Nuclear Consultants, Ltd.
General License Elburn, Illinois
[10 CFR 150.20]
EA 93-048 During an NRC inspection conducted on February 19,
- 1993, a
violation of NRC requirements was identified.
In accordance with the
" Statement of Policy and Procedure for NRC Enforcement Actions," 10 CFR Part 2,
Appendix C,
the Nuclear Regulatory Commission proposes to impose a civil penalty pursuant to Section 234 of the Atomic Energy Act of 1954, as amended (Act), 42 U.S.C.
2282, and 10 CFR 2.205.
The particular violations and associated civil penalty are set forth below:
10 CFR 150. 20 (b) (1) requires, in part, that, when engaging in activities in non-Agreement States under the general license granted by 10 CFR 150.20(a), four copies of Form NRC-241 (revised) and four copies of the Agreement State specific license must be filed with the Regional Administrator of the appropriate Nuclear Regulatory Commission Regional Office at least three days prior to engaging in such activity.
Contrary to the above, from November 1990 to December 31, 1992, the licensee engaged in activities in non-Agreement States under the general license granted in 10 CFR 150. 20 (a).
Specifically, the licensee performed licensed service activities (e.g.
instrument calibrations, shutter checks and leak tests) on numerous occasions 4j in non-Agreement States without filing Form NRC-241 or the 1
Agreement State specific license with the Regional Administrator of
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the appropriate Nuclear Regulatory Commission Regional Office, as required by 10 CFR 150. 20 (b) (1).
For example, on at least 75 occasions, from February 18,
- 1992, to December 31,
- 1992, the licensee did not file the required forms.
This is a Severity Level III violation (Supplement VI).
Civil Penalty - $ 500.
Pursuant to the provisions of 10 CFR 2.201, Standard Nuclear Consultants (Licensee) is hereby required to submit a written statement of explanation to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, within 30 days of the date of this Notice of Violation and Proposed Imposition of Civil Penalty (Notice).
This reply should be clearly marked as a " Reply to a Notice of Violation" and should include for each alleged violation:
(1) admission or denial of the alleged violation, (2) the reasons for the violation if admitted, and if denied, the reasons why, (3) the corrective steps that have been taken and the results achieved, (4) the corrective steps that will be taken to avoid further
)
violations, and (5) the date when full compliance will be achieved.
If an adequate reply is not received within the time specified in this Notice, an order or a demand for information may be issued 9304050062 930330 REG 3 GA999 EECSNC 99990003 PDR
as to why the license should not be modified, suspended, or revoked or why such other actions as may be proper should not be taken.
Consideration may be given to extending the response time for good cause shown.
Under the authority of Section 182 of the Act, 42 U.S.C.
- 2232, this response shall be submitted under oath or affirmation.
Within the same time as provided for the response required under 10 CFR 2.201, the Licensee may pay the civil penalty by letter addressed to the Director, Office of Enforcement, U.S.
Nuclear Regulatory Commission, with a check,
- draft, money order, or electronic transfer payable to the Treasurer of the United States in the amount of the civil penalty proposed above, or may protest imposition of the civil penalty in whole or in part, by a written answer addressed to the Director, Office of Enforcement, U.
S.
Nuclear Regulatory Commission.
Should the Licensee fail to answer within the time specified, an order imposing the civil penalty will be issued.
Should the Licensee elect to file an answer in r
accordance with 10 CFR 2.205 protesting the civil penalty, in whole or in part, such answer should be clearly marked as an " Answer to a Notice of Violation" and may:
(1) deny the violation listed in i
this Notice in whole or in part, (2) demonstrate extenuating circumstances, (3) show error in this Notice, or (4) show other reasons why the penalty should not be imposed.
In addition to protesting the civil penalty in whole or in part, such answer may request remission or mitigation of the penalty.
In requesting mitigation of the proposed penalty, the factors addressed in Section V.B of 10 CFR Part 2,
Appendix C (1992),
should be addressed.
Any written answer in accordance with 10 CFR 2.205 should be set forth separately from the statement or explanation in reply pursuant to 10 CFR 2.201, but may incorporate parts of the 10 CFR 2.201 reply by specific reference (e.g., citing page and paragraph numbers) to avoid repetition.
The attention of the Licensee is directed to the other provisions of 10 CFR 2.205, regarding the procedure for imposing a civil penalty.
Upon failure to pay any civil penalty due which subsequently has i
been determined in accordance with the applicable provisions of 10 CFR 2.205, this matter may be referred to the Attorney General, and the penalty, unless compromised, remitted, or mitigated, may be l
collected by civil action pursuant to Section 234c of the Act, 42 U.S.C.
2282c.
The responses noted above (Reply to Notice of Violation, letter with payment of civil penalty, and Answer to a Notice of Violation) i should be addressed to:
Director, Office of Enforcement, U.S.
Nuclear Regulatory Commission, ATTN:
Document Control Desk, 1
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i Notice of Violation Washington, D.C.
20555 with a copy to the Regional Administrator, l
U.S. Nuclear Regulatory Commission, Region III, 799 Roosevelt Road, i
Glen Ellyn, Illinois 60137.
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i FOR THE NUCLEAR REGUIATORY COMMISSION O
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A. Bert Davis Regional Administrator Dated at Glen Ellyn, Illinois this3 d day of March 1993 i
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